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Common Council
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COMMON COUNCIL ACTION
APRIL 27, 2004
8:00 PM DST, COUNCIL CHAMBERS
| ALL COMMON COUNCIL ACTIONS TAKEN AT THIS MEETING TO APPROVE EXPENDITURES AND CONTRACTS OR TO ACCEPT BIDS AND OTHER PROPOSALS REQUIRING THE EXPENDITURE OF CITY FUNDS ARE SUBJECT TO THE AVAILABILITY OF FUNDS. |
The regular meeting of the Common Council of the City of Norwalk was held on Tuesday, April 27, 2004, in the Common Council Chambers, City Hall, 125 East Avenue, Norwalk, Connecticut. The Mayor, Alex A. Knopp, called the meeting to order at 8.10 pm and led the assembly into the Pledge of Allegiance.
I. ROLL CALL
Betsy Bain Bruce Kimmel
Kenneth Baker Richard McQuaid
Fred Bondi Matthew Miklave
Michael Coffey Jeanette Olmstead-Sawyer
Carvin Hilliard Kevin Poruban
Douglas Hempstead Douglas Sutton
William Krummel Peter Wien
Leona Williams (absent)
There were fourteen (14) members present at Roll Call
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II. ACCEPTANCE OF THE MINUTES
A. Regular meeting of April 13, 2004
** MR. BONDI MOVED APPROVAL OF THE MINUTES OF APRIL 13, 2004 AS AMENDED.
The following corrections were made:
Page two – correct the spelling of Bob Wagman.
Page three – in the second paragraph, first line delete the word “and” (before working).
Page eight – second paragraph, fifth line, change renal to rental.
Page nine – third paragraph from the bottom, first line, after the word compromise insert “used by Mr. Miklave”.
Pages ten and eleven – Mr. Hempstead asked that he receive a written response within the next couple of weeks on the issues mentioned.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
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III. PUBLIC PARTICIPATION
Terry Rooney said before them tonight was a recommendation from the Recreation and Parks Committee regarding the road entering Veteran’s Park to be named after the Bushbaum family. Mr. Rooney gave a detailed history of the Bushbaum family with specific reference to their excellent achievements in baseball and many other sports.
Mayor Knopp asked members of the Bushbaum family to stand. There was a round of applause.
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IV. MAYOR
A. RESIGNATIONS AND APPOINTMENTS
Resignations: Timothy Plunkett, Zoning Board of Appeals
Anne Greismer, Zoning Board of Appeals
Appointments: Authorization to Retain Special Counsel – Saranne P. Murray, Esq.
Gordon F. Tully, RA, Zoning Board of Appeals
Joseph Santo, Zoning Board of Appeals
Mayor Knopp announced the resignations of Timothy Plunkett and Anne Greismer from the Zoning Board of Appeals.
Mayor Knopp indicated that he was pleased to put forward the name of Gordon Tully to serve on the Zoning Board of Appeals; noting that he is a distinguished architect and is involved with many neighborhood efforts regarding the preservation of character in East Norwalk.
** MR. COFFEY MOVED TO APPOINT GORDON F. TULLY TO THE ZONING BOARD OF APPEALS.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mayor Knopp said he also pleased to put forward the name of Joseph Santo to serve on the Zoning Board of Appeals. Mr. Santo has served for many years as a member of the Zoning Commission and one of the reasons why this is an important nomination, is it appears that there is something of an artificial wall between the ZBA and the Zoning Commission. These two boards have to work in concert with each other because the goal is to implement a democratically decided master plan of use and master plan of zoning regulations. It seems that Mr. Santo’s long service on the Zoning Commission will help to bring a perspective to the Zoning Board of Appeals.
** MR. BONDI MOVED TO APPOINT JOSEPH SANTO TO THE ZONING BOARD OF APPEALS.
Mr. Bondi noted that he has known Mr. Santo for many years and that he will be a great asset to the ZBA; he commended the Mayor on making a good choice.
Mr. Hempstead said this is a very wise choice after having served with Mr. Santo on the Zoning Commission he is a person that always cares about Norwalk and will bring a sense of history with him.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mayor Knopp said there is a request to retain special counsel and put forth the name of Saranne Murray.
** MR. COFFEY MOVED APPROVAL TO RETAIN SPECIAL COUNSEL – SARANNE MURRAY.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
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B. REMARKS
The Mayor said they had received a presentation by Gilbane on the schools facilities master plan and one issue that came up were the enrollment numbers and after taking into account the increased numbers he congratulated Mr. McQuaid on the birth of his new child.
Secondly, Mayor Knopp announced that they would be doing the formal dedication of Ludlow Park to Bill Kozma will be on Saturday at 1:00 pm; he invited all to attend.
During their last meeting, Mayor Knopp said they had mentioned the repair work at North Taylor Avenue. Since that time the DPW have successfully replaced a section of rusted pipe that has helped the drainage considerably; permanent work will begin on this section in August.
Lastly, the Mayor said while discussing the Brien McMahon High School unfortunately the headline in the Hour was inaccurate. He stated that the city is going to make every effort to have a concession stand for the football season. There will be no guarantee but he wanted to indicate that they would be doing all they could to have one there for all or part of the season.
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V. COUNCIL PRESIDENT
A. CONSENT CALENDAR
** MR. KIMMEL MOVED APPROVAL OF THE CONSENT CALENDAR AS PRESENTED.
VII COMMON COUNCIL COMMITTEES
A. LAND USE AND BUILDING MANAGEMENT COMMITTEE
1. Authorize the Purchasing Department to issue Purchase Orders for computers and printers for Computer Lab at Brien McMahon High School as follows:
Dell Marketing - 28 PC's $24,974.60
Virco Inc. - 2 Laser Printers $1,810.00
Acct. # 09035010 5777 C0112
3. Authorize the Mayor, Alex A. Knopp, to execute an agreement with Kohler Ronan, LLC to provide engineering design services for the replacement of a roof top mechanical unit at the Belden Avenue Library for a total not to exceed $4,900.00. Fund from 2004-05 Capital Budget. Acct. # to be determined.
B. PUBLIC WORKS COMMITTEE
1. Receive the Freeholder's Report for the Maritime Garage for discontinuing portions of North Water Street, Marshall Street and Ann Street that have been incorporated into the Maritime Garage Site.
2. Schedule a Public Hearing of the Public Works Committee hear the Freeholder's Report on benefits and damages and to take appropriate action for Tuesday, May 11, 2004, 7:30 p.m., Common Council Chambers.
3. Authorize the Mayor, Alex A. Knopp, to execute a License Agreement with French Norwalk LLC and FNP2 LLC, which would permit the City to enter upon property located at 1 Putnam Avenue for the purpose of performing certain work on the existing sanitary sewer line in connection with the Reed Putnam Redevelopment Project.
D. RECREATION & PARKS & CULTURAL AFFAIRS COMMITTEE
1. Authorize the Mayor, Alex A. Knopp, to enter into an agreement with the Leukemia and Lymphoma Society for the use of Calf Pasture Beach on Thursday, September 30, 2004 from 5:30 PM - 8:30 PM for their annual "Light the Night Walk". Estimated attendance 900
2. Approve the use of Witch Park in Rowayton by the Shakespeare on the Sound for parking on the following days:
Thursday, June 17, 2004 - 4:00 PM - 11:00 PM
Friday, June 18, 2004 - 4:00 PM - 11:00 PM
Saturday, June 19, 2004 - 4:00 PM - 11:00 PM
Sunday, June 20, 2004 - 4:00 PM - 11:00 PM
Tuesday, June 22, 2004 - 4:00 PM - 11:00 PM
Wednesday, June 23, 2004 - 4:00 PM - 11:00 PM
Thursday, June 24, 2004 - 4:00 PM - 11:00 PM
Friday, June 25, 2004 - 4:00 PM - 11:00 PM
Saturday, June 26, 2004 - 4:00 PM - 11:00 PM
Sunday, June 27, 2004 - 4:00 PM - 11:00 PM
Tuesday, June 29, 2004 - 4:00 PM - 11:00 PM
Wednesday, June 30, 2004 - 4:00 PM - 11:00 PM
Thursday, July 1, 2004 - 4:00 PM - 11:00 PM
Friday, July 2, 2004 - 4:00 PM - 11:00 PM
Saturday, July 3, 2004 - 4:00 PM - 11:00 PM
Sunday, July 4, 2004 - 4:00 PM - 11:00 PM
Estimated attendance 500+ per performance
3a. Approve the use of Veterans Park by the Puerto Rican Parade of Norwalk Inc. for their annual celebration on Sunday, June 27, 2004 from 6:00 AM - 8:00 PM. Estimated attendance 3000+
3b. Authorize the Mayor, Alex A. Knopp, to enter into an agreement with the Puerto Rican Parade of Norwalk CT, Inc. for their annual Parade on Sunday, June 27, 2004 starting at the Howe Furniture Parking lot at 2:00 PM and end at Veterans Park for closing awards and special presentation at 8:00 PM. Estimated attendance 5000+
3c. Approve the use of the Showmobile by the Puerto Rican Parade of Norwalk CT, Inc. for their annual celebration to take place on Sunday, June 27, 2004 from 6:00 AM - 8:00 PM at Veterans Park.
5. Approve the use of Vets Park Parking area (Marina side of the Park) for the Maritime Center bus parking for the period of April 15, 2004 - April 15, 2005. (Extension of existing agreement).
7. Approve the placing of a memorial plaque on the Sounds Fun Playground to Debbie Jo Pennell for timeless effort toward the establishment of the play area.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
B. OTHER GENERAL COUNCIL BUSINESS
There was none this evening.
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Mayor Knopp suggested they take the agenda out of order. There were no objections.
VI. REPORTS: DEPARTMENTS, BOARD AND COMMISSIONS
D. RECREATION & PARKS & CULTURAL AFFAIRS COMMITTEE
6. Approve the road entering and exiting Veterans Park as Bushbaum Blvd.
** MR. BONDI MOVED APPROVAL OF THE ITEM.
Mr. Bondi indicated that he thought this was a great idea.
Mr. McQuaid commented that a member of the Bushbaum family had coached him and it had been a great experience. He passed around a scrapbook noting that they are an amazing family and that he looked forward to having this street named after them.
Ms. Bain said although she did not know the family, the part she found most convincing about the story (as relayed earlier by Mr. Rooney) was that Mrs. Bushbaum used to tidy up the baseball field before her family went out and played.
Mayor Knopp thanked everyone for coming out noting that this is an appropriate honor.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
A. NORWALK FACILITIES CONSTRUCTION COMMISSION
1a. Authorize the Mayor, Alex A. Knopp, to execute any an all documents necessary to amend Gilbane's Building Company's Construction Management contract for the Brien McMahon High School/Center for Global Studies Improvement Project to establish the Final Guaranteed Maximum Price (Final GMP) for an amount not to exceed $61,913,094. Acct. # 0902/03/04 5010 5777 C0237
1b. Establish an allowance for Owner's Contingency in the amount of $3,506,122
1c. Authorize the NFCC to issue change orders on contract for a total not to exceed the Owner's Contingency allowance.
** MR. KRUMMEL MOVED APPROVAL OF ALL THREE ITEMS.
Mr. Hawley gave a break down of the GMP as illustrated in the back-up material.
Mayor Knopp confirmed that the projection of state reimbursement is an estimate not a guarantee.
Mr. Hawley concurred adding that all projects are complicated and the state won’t guarantee the reimbursement until late into the project.
Mayor Knopp said the item that they would be discussing later on regarding the concession stand; the funds for the construction will come out of the owners’ contingency account. Mr. Hawley concurred.
Mayor Knopp thanked Mr. Hawley, Mr. Schmidt, Mr. Lo and all the others working on this project as they have been going through a very intense time with bidding and re-bidding.
Mr. Krummel echoed the comments about all involved. He said a very important component was the Adhoc Committee and said he was very proud of them working hand in hand with the project manager.
Mayor Knopp also thanked Ms. Bain, co-chair of the Adhoc Committee.
Mr. Hempstead asked about the building fees and if they were going to be paid by the Building Department.
Mr. Hawley replied that these fees are not subject to reimbursement; they are listed as ineligible.
Mr. Hempstead suggested that the Building Department waive their fees to save money.
Mr. Lo explained that this will cost over $300,000 as it will be a three-year project and there are essential staff requirements so there is an actual cost to the department, however it is substantially reduced.
Mr. Krummel pointed out that with regard to Item V1 A 1b. that the owners’ contingency of $3,506.122 is 7% of the remaining construction cost, not of the total construction cost.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
2. Authorize the Mayor, Alex A. Knopp, to execute an amendment to Fletcher Thompson Architects' contract for Brien McMahon High School/Center for Global Studies Improvement Project, to provide design services for a new Concession Building for a total not to exceed $26,500.00 (including $1,500 for reimbursable expenses). Acct. #09045010 5777 C0237.
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM.
Mr. Hawley pointed out the concession stand was not in the original ed specs but the relocation of it has been added to the final design. The stand was considered but the Ad Hoc Committee rejected this and it was put off.
Mr. Bondi wished that it be emphasized that this is not only a concession stand but a comfort station also.
Ms. Bain said that one of the reason for the cost was that it must meet code so that it was eligible for reimbursement.
Mr. Hempstead asked what the budget is for the concession stand.
Mr. Hawley replied that the size has not been determined but it will be similar to the one at Norwalk High School for approximately $250,000.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE
A. LAND USE AND BUILDING MANAGEMENT COMMITTEE
2. Approve to rename the Meadow Street Fire Station after Chief James Verda.
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM.
Mayor Knopp said as a member of the Fire Commission they unanimously voted in favor to request that this be forwarded to the Common Council for action. He added that Chief Verda had forty-four years of distinguished public service and they had a wonderful party at the Fire House to celebrate.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
D. RECREATION & PARKS & CULTURAL AFFAIRS COMMITTEE (Continued)
4a. Order(s) on existing DPW's contract with Deering Construction for site work for the new Skateboard Park at Calf Pasture Beach for a total not to exceed $60,950.00. Acct.# 09046030 5777 C0263
4b. Referred to Planning Commission for Section 8-24 Review.
** MR. BONDI MOVED APPROVAL OF BOTH ITEMS.
** MR. BONDI MOVED TO AMEND ITEM D 4a. BY ADDING: SUBJECT TO APPROVAL OF 8-24 REVIEW. TO AMEND ITEM 4b. BY ADDING AND CAM APPROVAL AS REQUIRED.
** AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE.
** MAIN MOTION, AS AMENDED PASSED UNANIMOUSLY BY VOICE VOTE.
C. ORDINANCE
1. Amendment to Chapter 103, Taxation, § 103-12 Amount of Benefits; annual adjustment.
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mr. Kimmel indicated that this item had been through both the Finance Committee and the Ordinance Committee and it will provide relief for those hardest hit. He added that this is an excellent move.
Mr. Coffey added that he too was happy to see this go through, as it will give relief to seniors in touch economic times.
Mr. Hilliard stated that he was in favor of this.
Mr. Hempstead echoed his agreement with the Mayor on his previous comments on this and what the city needs to look at the deferral program on a long-term approach.
Mayor Knopp said he hoped to see that come before the Council.
Mr. McQuaid commented that he was in support of this but wanted to point out that at committee level there were some procedural discrepancies; he suggested the cart was put before the horse.
Mr. Coffey said that during the public hearing Mr. McQuaid and Mr. Scialabba had questioned whether this had been published corrected; he stated the public hearing had been published in the Norwalk Hour.
Mayor Knopp added that the procedure is at the discretion of the committee chairman and sometimes action has to be taken quickly.
** MOTION PASSED UNANIMOUSLY.
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VIII. RESOLUTIONS FROM COUNCIL MEMBERS
There were none this evening.
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IX. MOTIONS POSTPONED TO A SPECIFIC DATE
There were none this evening.
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X. SUSPENSION OF THE RULES
There were none this evening.
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XI. ADJOURNMENT
** MR. BONDI MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 9:10 pm.
Pam Stark, City Clerk