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DECEMBER 2, 2003

ATTENDANCE: Bruce Kimmel, Acting Chair; Carvin Hilliard, Doug Hempstead, Kevin Poruban, Bill Krummel

STAFF: Richard P. Linnartz, Acting Director of Public Works

OTHERS: Diane Cece, Olmstead Place, Ms. Smith

 

CALL TO ORDER

Mr. Kimmel called the meeting to order at 7:35 pm.

APPROVAL OF MINUTES

1.) October 7, 2003

** MR. KIMMEL MOVED APPROVAL OF THE MINUTES OF OCTOBER

7, 2003.

** EVERYONE ABSTAINED.

2.) November 6, 2003

** MR. KIMMELL MOVED APPROVAL OF THE MINUTES OF NOVEMBER 6, 2003.

** EVERYONE ABSTAINED.

3.) Schedule a Public Hearing of Necessity for the abandonment of a portion of the right of way of West Cedar Street at Scribner Avenue to be scheduled Tuesday, January 6, 2004 at 7:30 p.m.

** MR. KRUMMEL MOVED APPROVAL OF THIS ITEM.

** MOTION PASSED UNANIMOUSLY.

Mr. Hempstead said that this dealing with the right of way on Papel Street. Mr. Linnartz said that they realigned the street and the right of way is on the east side of West Cedar Street which is an access way. The abandonment still needs appraisal and it is a $1,000 fee. This is an issue of right of way, and has to go on and 8-4.

Mr. Krummell stated that the trees were planted and that the curb wraps around. He said this is not really considered a right of way. Mr. Linnartz said that he is not offering an opinion of validity. Mr. Krummell said that the area looks like it can be used as a park and not a road. There is no appearance of a right of way. Mr. Hilliard said he sees the reason for doing this and questioned whether the property was worth anything. Mr. Linnartz said that the appraisal on the value needed to be prepared. There must be a hearing of necessity held on this request. Mr. Krummel said that he did not think this was a road abandonment. Mr. Linnartz said this is an application for any road or thereof. Mr. Krummel said that this is an application for the purchase of city property. Mr. Hempstead stated that he did not think this property was listed as a purchase piece. Mr. Poruban said the setback would have had to be changed. Mr. Linnartz said that the applicant came in and requested a driveway permit; he has the right to do so. Mr. Poruban asked what would be done with the other parcel. Mr. Linnartz said that it had to go to an 8-24 for review. Mr. Linnartz said that this item has been on the agenda three or four times and that he is trying to get through step one. He said he could sent this item to the law department for referral.

** MR. HEMSTEAD MADE A MOTION TO TABLE THIS ITEM AND HAVE IT SENT TO THE LAW DEPARTMENT FOR REVIEW.

** MOTION PASSED UNANIMOUSLY.

4.) Schedule a Public Hearing to hear the Freeholder’s Report to assess benefits and damages resulting from the proposed pavement reconstruction on a right of way North of Scofield Place to be scheduled for Tuesday, January 6, 2004 at 7:30 p.m.

** MR KIMMELL MOVED APPROVAL OF THIS ITEM.

** MOTION PASSED UNANIMOUSLY.

Mr. Linnartz stated that the city had to go through various issues to replace the section of the sewer line on the right of way of Scofield Place. It was assumed to be a city sewer and there is a new pipe there. The city received requests from residents to pave the right of way with an estimated cost of $7,700. Mr. Linnartz said he was there to request a schedule for a public hearing of the three holders to make sure they are still in agreement so that they can proceed. This will be put in next year’s report. Mr. Poruban stated that the January 6th date might be a conflict for one of the owners. Mr. Linnartz said that he has not heard any opposition and that dated copies will be sent to the owners.

** MR. PORUBAN MOVED TO HAVE A PUBLIC HEARING FOR THIS ITEM.

** MOTION PASSED UNANIMOUSLY.

5.) Authorize the Acting Director of Public Works, Richard Linnartz, to issue Orders on Contract to FBG Construction for Project No. 4R 2003-1, Proposed 4R Pavement Management Project in connection with the installation of a fence at the Flax Hill Road Condo, for a sum not to exceed $10,000.

Acct. No. 09 04 4021 5777 C0021

** MR. HILLIARD MOVED APPROVAL ITEM #5.

** MOTION PASSED UNANIMOUSLY.

Mr. Linnartz stated that this item referred to the first phase of Flax Hill Road. He said a sidewalk had to be raised and that he is asking for approval of the work to be done. Mr. Kimmel asked whether there were any more related issues to be discussed. Mr. Linnartz said the wrought iron fence was replaced because it was a prior safety hazard. It was replaced as a part of the contract. Mr. Kimmel said that a letter should be sent to the others as well. Mr. Krummel stated that this item had gone out to bid.

Mr. Linnartz said he had gotten a quote from Atlas Fence for the MGB. The cost will be about $8,000 and there is repair work to be done on the additional fencing. The old fence must be reattached to the new fence. There are sections separating each condo. Mr. Krummel questioned whether there would be a change order. Mr. Linnartz replied yes. He requested permission to issue a change order. The letter states that the work will be completed. Mr. Poruban asked whether there were sufficient funds. Mr. Linnartz said yes.

6.) Authorize the Acting Director, Richard Linnartz, to issue Orders on Contract to FGB Construction, for Project No. 4T 2003-1, Proposed 4R Pavement Management Program in connection with paving Beacon Street, for a sum not to exceed $3,000.

Acct. No. 0904 4021 5777 C0021

** MR. KRUMMEL MOVED APPROVAL OF ITEM #6.

** MOTION PASSED UNANIMOUSLY.

Mr. Hempstead questioned whether or not this item was being waved. He stated that the back up did not seem to reference the action. The application should go after the realtor. Mr. Linnartz said that this would be waved. Mr. Kimmel said that this request could not happen. Mr. Hempstead agreed. Mr. Krummel asked when the Smiths bought the house. Mr. Kimmel said a couple years ago. Mr. Poruban said he believed the house was purchased two years ago. Mr. Krummel assumed that the sewer system failed and had to be replaced with a sewer lateral. Mr. Linnartz sad that the contractors are responsible for maintaining a temporary patch. He also said that there would be a different fee change depending on the road. The better the road, the higher the revolving fee. Beacon Street is considered to be average condition. The account is used for repairs. The funds are used for anyone doing work for the city streets.

** MR. HEMPSTEAD MADE A MOTION TO DENY ITEM #6.

** MOTION PASSED UNANIMOUSLY.

7.) Authorize the Mayor, Alex A. Knopp, to execute an Agreement with Almstead Tree & Shrub Care Company to provide Tree Removal, Trimming and Christmas Tree Collection Services, for a sum not to exceed $70,000 per year for a 3-year term.

Acct. No. 01 40 29 5298

01 40 42 5299

** MR. HEMPSTEAD MOVED APPROVAL OF ITEMS 7 & 8.

** MOTION PASSED UNANIMOUSLY.

Mr. Linnartz said that there could be nothing more could be added besides what the Purchasing Department has given. Mr. Poruban asked if there would be an effect on the holiday season. Mr. Linnartz said that the work schedule would be affected for the month of January. Mr. Poruban said that Mr. Bondi suggested having the Public Works Committee and the Recreation & Parks Committee provide services. Mr. Linnartz said there was no one qualified to do that kind of work, nor was there any equipment available.

Mr. Kimmel said the assumption was that all the items in the "Response Summary" were to take the same amount of time to be completed. Mr. Linnartz said it is a matter of time and material since every tree is different. Mr. Krummel said that there are varying amounts of per unit costs. Mr. Linnartz said that the hourly rates were higher, while the equipment rates were lower. The recommendations must stay as is. Mr. Krummel said there should be some sort of net or total. He suggested just dealing with the Christmas tree collection and ask for clarification on tree removal. Mr. Hempstead said the contract starts in December. Mr. Kimmel suggested approving Item #7 and tabling Item #8.

** MR. HEMPSTEAD MOVED APPROVAL OF ITEM #7 ONLY.

** MOTION PASSED UNANIMOUSLY.

8.) Authorize the Mayor, Alex A. Knopp, to execute an Agreement with Shapiro Landscaping and Tree Experts, Inc., to provide Tree Removal, Trimming, for a sum not to exceed $50,000 per year for a 3-year term.

Acct. No. 01 40 29 5298

** MR. KIMMEL MOVED TO TABLE ITEM #8 UNTIL THE NEXT

MEETING.

** MOTION PASSED UNANIMOUSLY.

9.) Authorize the Mayor, Alex A. Knopp, to execute an Agreement with Fuss & O’ Neill to evaluate the possibility of installing a traffic signal at the mid-block pedestrian crossing on Stevens Street as requested by Norwalk Hospital, for a sum not to exceed $3,600.

Acct. No. 01 40 30 5258

** MR. KIMMEL MADE A MOTION TO TABLE ITEM #9.

** MOTION PASSED UNANIMOUSLY.

Mr. Kimmel said there was no point hiring someone to look for the possibility of doing this project. He questioned why it just could not be done. Mr. Linnartz said they are asking for a signal warrant analysis, which is a pedestrian signal. He said he has no problem telling the hospital to do the study if they want the signal. Mr. Hempstead questioned why the hospital is the one doing the study and having the light put in. He said this was not an access type of walkway. Mr. Linnartz questioned whether a consultant is needed for the first step. Mr. Kimmel said the state requires one. Mr. Linnartz said there is no one in the office that can do this job. Mr. Kimmel agreed and stated that there are liability issues. Mr. Poruban asked if there was any commitment as far as who would be paying for what. Mr. Linnartz said he would contact the hospital about cost coverage. Mr. Kimmel suggested waiting for a response. Mr. Linnartz said he would ask the hospital confirm their desire to proceed in writing.

10.) Technical Correction to the Common Council Action on June 26, 2001.

Authorize the Mayor, Alex A. Knopp, to execute an Agreement with 25 Glover Partners, LLC 35 Glover Partners, LLC, and 45 Glover Partners, LLC., to assign a section of Glover Avenue for the purposes of constructing, maintaining, repairing, and replacing a flyover structure to extend from Main Avenue to the development known as the Towers at Merritt River.

** MR. KIMMEL MOVED APPROVAL OF ITEM # 10.

** MOTION PASSED UNANIMOUSLY.

Mr. Linnartz said that this is an easement agreement between the city and 25, 35, and 45 Glover Partners, LLC. An access will be put on Main Avenue instead of Glover. There is an issue of backing up. They are being given the rights to do the work. The number of owners is the modification.

** MR. KIMMEL MOVED TO MAKE CORRECTIONS IN THE WORDING

OF ITEM #10.

** MOTION PASSED UNANIMOUSLY.

Mr. Poruban asked if there would be a connection to one of the existing ramps. Mr. Linnartz said yes. The bridge will continue from the railroad tracks to Glover. No cars will be coming on to Glover. Mr. Poruban said the traffic volume would remain on Main Avenue. Mr. Linnartz replied yes. The existing building comes on to Glover already. It is a matter of the correction of names in the document.

11.) Authorize Acting Director of Public Works to issue orders on control to Real Life Land Improvement, Inc. for the proposed wetland restoration at Wilson Cove, for a sum not to exceed $6,000.

Acct. No. 0903 4031 5777 C0082

** MR. KRUMMEL MOVED APPROVAL OF ITEM #11.

** MOTION PASSED UNANIMOUSLY.

Mr. Linnartz said there would be a circulation of water and that is a grant account. There is an increased cost for paving. There is a desire to increase authorization.

12.) Discussion- Cranbury Neighborhood Development/ re-survey of Newtown Avenue property owners concerning Sanitary Sewer extension.

Mr. Linnartz said this is an extension of a sewer on Newton Avenue, which was approved by the common council, and the WPCA. Letters were sent to the surrounding residents. They were asked whether or not they were in approval. Mr. Hempstead asked whether there would be any action to resend it they receive letter of disagreement. Mr. Linnartz said the town of Westport denied the action. Mr. Hempstead asked whether it was conditioned pending Westport’s approval. Mr. Kimmel stated that he did not know what the project would look like at this point. The applicants could come back with a radically different project. He suggesting seeing what Westport would come up with. Mr. Poruban asked if the judgment was based on design. Mr. Kimmel said yes and stated that they would be within their rights to pull back.

13.) Discussion- Public Works procedures for citizen requests for services.

Mr. Linnartz stated that the request for information to the appropriate engineer would be forwarded. A work order request will be sent to the highway department. Mr. Kimmel asked Mr. Linnartz whether he thought his office was understaffed from the clerical end. Mr. Linnartz said no. Mr. Kimmel said he had received emails regarding this issue. There has to be a better way. There were many calls made by people who felt they could not get things done over the phone. Mr. Linnartz stated that his office generated the work orders. Mr. Hempstead asked whether the conversations are recorded. Mr. Linnartz said he did not think this was done anymore. Mr. Hempstead said they could run a small box add on the pothole issues in the newspaper. Mr. Linnartz agreed.

Ms. Cece said that routine service calls are not being recorded. She said that as a part of the research the burden of proof was on the residents to prove that they do follow up calls. She said she had called in to report a leaf blockage. She said she asked to see the logbook from two days prior, and found out that her call was never even recorded. The burden of proof is with the constituents. Mr. Linnartz said that work orders in the database do exist. He said that 16 streets have already been completed and that another 20 are being evaluated. There are engineers and evaluators working. Preliminary determinations will be done. There are also 15 pending stop sign requests and there have been positive responses.

Mr. Linnartz said the intention was to cut speed and not volume. He said he does get requests for traffic signals as well. Mr. Krummel said that the four-way stop at Scribner Avenue had made a tremendous difference. Mr. Hempstead there have been normal response times to initial requests. In regards to the curbs, Mr. Linnartz stated that they send copies of the criteria and pending streets. He said they would have the design projects before the informational meeting. Mr. Poruban said the applicant was told that her request was denied.

Ms. Smith said she had received a letter requesting payment. She asked if she could have 30 days to pay the bill. Mr. Linnartz said he would look into this. He told her to call Chris Cavalier.

14.) Discussion- Public Works Website Information.

Mr. Poruban said he would take this matter to IT. He said he wants Public Works to be a little bit more interactive. Mr. Linnartz said that minor changes were made. Mr. Poruban asked if there was a line order budget for the software. Mr. Linnartz said that it would not be in this budget. Mr. Poruban said a certain amount is put in every week. Mr. Linnartz said they used to get approximately $10,000. He said this would be the second year without funding. Mr. Krummel said there was a schedule of the road repaving on the website. Mr. Linnartz said they are trying to come up with a five-year plan though they have been unable to publish it yet.

Mr. Hilliard said he had a constituent call in and inquire about Lowe Street. Mr. Linnartz said he also received calls about Lowe Street, as well as Soundview and Phillips Street. Mr. Poruban asked if they could get a list of the roads paved in the last two years. Mr. Linnartz replied yes.

Mr. Hilliard said he had a constituent say that Lowe Street was not up to code or wide enough. Mr. Linnartz said that the residents have an issue of parking there. They feel more comfortable parking on the sidewalks. The road standards were established after the roads were established.

15.) Discussion- Budget and Procedure for identifying need and installation of sidewalks and footpaths.

Mr. Kimmel stated that people have said the footpaths are in bad condition. Mr. Linnartz said that from a rating of excellent to poor, the majority falls between fair and poor. Mr. Hempstead asked who does normal maintenance. Mr. Linnartz said that the city is responsible for the footpaths. Mr. Hempstead said that footpaths are really needed in most areas. Mr. Linnartz stated that maintenance is lacking, though they are fine with the repairs right now. Mr. Poruban said he has gotten a lot of complaints about the footpaths not being cleared.

** MR. PORUBAN MOVED TO SUSPEND THE RULES TO ALLOW

MS. CECE TO SPEAK TO THE COMMITTEE.

** MOTION PASSED UNANIMOUSLY.

Ms. Cece asked if Olmstead Place could be put on the next agenda. She said flooding and sewage plague that street. Basements and outside properties are being ruined. These issues have been going back and forth for a year. The legal department left it open for the residents to do research. She said the residents have been gathering paperwork of the history of past sewage problems. Chris Perone promised he would get legal response on the issue of Council. She said they want to be able to make a case before the common council. She said they want to show that there is a precedent to have Public Works Committee overrule the legal department’s denial of the claims. She said they want to pursue every avenue open. Ms. Cece added that Labor Day was the day the residents received the most damage. The damages ranged from $600-$30,000. There is an issue of widening Olmstead Avenue and budget advice. She asked whether $100,000 was enough to ask for the budget. Mr. Linnartz said yes. Mr. Poruban said there was a meeting at 6:00 on Thursday of next week.

As there was no further business, the meeting was adjourned at 10:00 p.m.

Respectfully Submitted,

Michelle Joseph

Telesco Secretarial Services

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