CITY OF NORWALK
PUBLIC WORKS COMMITTEE
FINANCE/PUBLIC WORKS/ORDINANCE COMMITTEE
JULY 1, 2003
ATTENDANCE: Chris Perone, Chairman; Bruce Kimmel; Judith Rivas;
Kevin Poruban; Calvin Hilliard (7:45 p.m.)
STAFF: Richard Linnartz, Acting Director of Public Works
______________________________________________________________________________
Mr. Perone called the meeting to order at 7:40 p.m.
1. ACCEPT THE MINUTES FROM THE PUBLIC WORKS COMMITTIEE HELD ON
ON TUESDAY, JUNE 3, 2003
** MS. RIVAS MOVED THE MINUTES
Page 8 "RD 2003-2 not to exceed $13,831.00 should be "RD
2003-2 not to exceed
$138, 310.00."
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
2a. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT
WITH SAFETY MARKINGS FOR PROJECT NO. RD 2003-3, PROPOSED PAINTED PAVEMENT MARKINGS
AND LEGENDS AT VARIOUS LOCATIONS AND SCHOOLS, FOR A SUM NOT TO EXCEED $37,583.50.
2b. AUTHORIZE THE ACTING DIRECTOR OF PUBLIC WORKS TO ISSUE ORDERS ON CONTRACT TO SAFETY MARKINGS FOR PROJECT NO. RD 2003-3, PROPOSED PAINTED PAVEMENT MARKINGS AND LEGENDS AT VARIOUS LOCATIONS AND SCHOOLS, FOR A SUM NOT TO EXCEED $3,758.00.
Mr. Linnartz said the DPW first proposed to extend an existing contract for safety markings. Two bidders picked up their packages and they got one bid in the amount of $37,583. He said there was some deduction in the price of the paint items and some increase in the plastic markings. Mr. Linnartz said all in all it was a good idea to re-bid it.
** MR. PORUBAN MOVED ITEMS 2a AND 2b TO AUTHORIZE THE MAYOR, ALEX A. KNOPP,
TO EXECUTE AN AGREEMENTWITH SAFETY MARKINGS FOR PROJECT NO. RD 2003-3, PROPOSED
PAINTED PAVEMENT MARKINGS AND LEGENDS AT VARIOUS LOCATIONS AND SCHOOLS, FOR
A SUM NOT TO EXCEED $37,583.50 AND TO AUTHORIZE THE ACTING DIRECTOR OF PUBLIC
WORKS TO ISSUE ORDERS ON CONTRACT TO SAFETY MARKINGS FOR PROJECT NO. RD 2003-3,
PROPOSED PAINTED PAVEMENT MARKINGS AND LEGENDS AT VARIOUS LOCATIONS AND SCHOOLS,
FOR A SUM NOT TO EXCEED $3,758.00.
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
3. AUTHORIZE THE ACTING DIRECTOR OF PUBLIC WORKS TO ISSUE ORDERS ON CONTRACT TO SOUND CONSTRUCTION, FOR PROJECT NO. TRF-02-03, TRAFFIC CALMING PROJECT, IN CONNECTION WITH TRAFFIC CALMING PROJECT ON PINE HILL ROAD, FOR A SUM NOT TO EXCEED $5,000. ACCOUNT NO. 09 03 4021 5777 C0235
Mr. Linnartz said that Pine Hill was originally in DPW's Traffic Calming Project last year. He said it was deferred to resolve some issues with the neighborhood. He said the City received requests for speed bumps on adjacent streets to where the DPW was working. He said these streets were added to the contract. Mr. Linnartz said an additional $5,000 is needed in funding which is over $100,000 to finish the Pine Hill Project. He said the actual project is $15,000 and the DPW has $10,000 available. He said the DPW needs an additional $5,000 in authorization to finish it.
Mr. Poruban asked if the neighborhood was receiving the same amount of bumps. Mr. Linnartz said that they were. He said the locations have been modified and the size has been modified. Mr. Linnartz said the residents have recirculated a petition and submitted it and have received over 66% approval. Mr. Linnartz said the job was already approved by the Traffic Authority. He said the DPW is here for the additional funds to actually build it.
** MS. RIVAS MOVED TO AUTHORIZE THE ACTING DIRECTOR OF PUBLIC WORKS TO ISSUE
ORDERS ON CONTRACT TO SOUND CONSTRUCTION, FOR PROJECT NO. TRF-02-03, TRAFFIC
CALMING PROJECT, IN CONNECTION WITH TRAFFIC CALMING PROJECT ON PINE HILL ROAD,
FOR A SUM NOT TO EXCEED $5,000. ACCOUNT NO. 09 03 4021 5777 C0235
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
4. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT WITH THE DISALVO ERICSON GROUP TO PROVIDE SPECIAL INSPECTIONS AND MATERIALS TESTING SERVICES IN CONNECTION WITH THE NEW POLICE HEADQUARTERS FOR A SUM NOT TO EXCEED $18,500 PLUS $1,850 FOR APPLICABLE REIMBUSEABLE EXPENSES. ACCOUNT NO. 09 03 4031 5777 C0137
Mr. Linnartz said that this is testing done per building code. He referred the Committee to the package submitted with the agenda which further explained the kind of testing done by DiSalvo Ericson Group which includes soil and foundation tests, concrete cylinder tests, steel erection tests, all inspections needed for a building of this size. He said the City received six proposals. Mr. Linnartz said that what happens is the low price of $18,500 is from the firm that designed the building. He said they have a role in the project already. He said there is a big discrepancy but that is the reason.
Mr. Perone asked what the timetable was on this project as it relates to this contract. Mr. Linnartz said 15 months. He said this has nothing to do time, it is just by the tests required, when they are pouring concrete they will do the tests and then that phase is over. He said the Building Committee and various people in the City have asked the DiSalvo Ericson Group numerous times if they understand the scope and they have signed off on the scope. He said is documented on a 25-page report given to the Committee members what has to be done. Mr. Linnartz said the DiSalvo Ericson Group is a reputable firm. He said they have their own testing laboratory and design engineers.
Mr. Kimmel said that he has seen discrepancies, but never like this. He said he was curious about how the labor hours evolved, the interviews, etc.. He said that even though a local firm designed the building, he wanted to know how much time was spent investing this. Mr. Foley responded that even though the bids were high he felt that they understood the scope of what they were doing. Mr. Perone said that he does not want anyone to think the Committee gave one party more information than the other.
Ms. Cece, a taxpayer asked if it was a conflict of interest to have a design
company to be the inspection company. Mr. Linnartz said that it was not. He
said that a professional engineer in the State of Connecticut is qualified to
do the work and the lab is certified by the State.
** MR. KIMMEL MOVED AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT
WITH THE DISALVO ERICSON GROUP TO PROVIDE SPECIAL INSPECTIONS AND MATERIALS
TESTING SERVICES IN CONNECTION WITH THE NEW POLICE HEADQUARTERS FOR A SUM NOT
TO EXCEED $18,500 PLUS $1,850 FOR APPLICABLE REIMBUSEABLE EXPENSES. ACCOUNT
NO. 09 03 4031 5777 C0137
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
5. SCHEDULE A PUBLIC HEARING ON THE FREEHOLD'S REPORT TO ASSESS BENEFITS FOR THE PAVING ON SCOFIELD PLACE RIGHT OF WAY ON TUESDAY, AUGUST 5, 2003, 7:30 P.M.
Mr. Linnartz said that a cost estimate could be prepared to pave this right of way and as with sewer projects prepare a benefit to each property owner and then hold a Freeholder's hearing to assess those benefits. Mr. Perone asked how this would happen. Mr. Linnartz said with the 4 properties at $10,000, $2,500 per property not be having a hearing of necessity but doing the Freeholder's work, have the estimate signed and the Committee would then approve the project. He said the homeowners would then be notified. Mr. Linnartz said the City would collect the money over the 10-year period.
** MR. PORUBAN MOVED TO SCHEDULE A PUBLIC HEARING ON THE FREEHOLD'S REPORT
TO ASSESS BENEFITS FOR THE PAVING ON SCOFIELD PLACE RIGHT OF WAY ON TUESDAY,
AUGUST 5, 2003, 7:30 P.M.
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
6. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT WITH SCHOENHARDT ARCHITECTS, FOR THE SOUTH NORWALK LIBRARY BRANCH, FOR THE SUM NOT TO EXCEED $230,000. ACCOUNT NO. 09 00 6210 5777 C0153
Mr. Perone said that this is a last minute item. Mr. Linnartz referred the Committee to a report to the Chairman of the Public Works Committee from Mr. Foley, Purchasing Agent for the City of Norwalk, attached to the revised agenda. He said it is a summary of the 17 architects that submitted proposals for this project. Mr. Linnartz said the fees varied from $125,000 to $330,000. He said the Selection Committee has recommended Schoenhardt Architects to design the improvements for the library. He said the estimated costs for the renovations is 3.3 million dollars part of which the City and the Second District will share and the State will contribute at least a half million dollars for the project as well. He said this comes from many years of effort on the part of the City and the Second District to get this library approved.
Mr. Perone said that there are lower bids and he would like to know what set Schoenhardt Architects apart from the other bidders. Mr. Linnartz said they had the most experience in library work, the most experience in renovation. He said that Schoenhardt stood out above the rest without being excessively expensive. He said it is not the lowest bid and not the highest.
Mr. Foley said that from the 17 proposals submitted they came up with 4 highest firms by using certain criteria. He said from the 4 firms interviewed out of the 17 original firms they made their choice. He said the first criteria for selecting these 4 firms was the architect with the most experience with libraries.
Mr. Hilliard said that he sat in on the selection process. He said that he thought Schoenhardt was head and shoulders above the rest of the bidders. He said their experience redoing historical building, which is appropriate in this instance, working with the State of Connecticut and their presentation let the committee know not only that they wanted the business, but they projected that they could do the job. He said that he and the Committee were very confident in Schoenhardt's ability to do the job.
Mr. Perone said that it is a win for the City and the citizens and it has been a long time coming. He said that the Committee would move ahead on this item for a couple of reasons. He said that one is a technical reason. He said that if at the end of the summer there is no significant progression this project the City would become ineligible for the grant money, which is not something he wants to squander. He said it is obvious, with the State coming in with this kind of money, that the State believes in this project as well.
** MR. HILLIARD MOVED AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN
AGREEMENT WITH SCHOENHARDT ARCHITECTS, FOR THE SOUTH NORWALK LIBRARY BRANCH,
FOR THE SUM NOT TO EXCEED $230,000 ACCOUNT NO. 09 00 6210 5777 C0153
** MS. RIVAS SECONDED THE MOTION.
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
Mr. Perone said that he would like to suspend the rules for a moment and add one more item, which was a last minute entry.
Mr. Linnartz said this a proposed extension with a new contract with Marcal Paper Mills. He said Marcal does the City's mixed paper recycling. Mr. Linnartz referred the Committee to Appendix A, a Payment Index Schedule and Appendix B, outlining materials that Marcal can and cannot recycle. He said the Generator's Floor Price is $45.00 per ton and the Generator's Ceiling Price is $80.00 per ton. He said that Marcal is the City's current vendor. He said that this should have been brought before the Committee in May. Mr. Linnartz said that the City would like to get this contract renewed for the next 3-year period. Mr. Perone agreed that it could have been on the agenda sooner.
** MS. RIVAS MOVED TO APPROVE THE CONTRACT WITH MARCAL PAPER MILLS TO DO THE CITY OF NORWALK'S MIXED PAPER RECYCLING FOR THE NEXT 3-YEAR PERIOD.
Mr. Kimmel, noting that it is a 3-year recycling project, asked what guarantee the City has that they would not make more money with a different firm. Mr. Linnartz said that he could not answer that question. He said the City of Norwalk has a commitment to provide a certain minimum of tons to Marcal per month. He said that the City of Norwalk has been meeting that commitment. He said it has not been put out to bid. Mr. Perone asked if it were bidded out what results would they get. Mr. Linnartz said this is the only vendor the City of Norwalk has had since he has been with the City and prior to that Marcal was the vendor. He said that Marcal has a good market and a good facility to deal with it. Mr. Linnartz said that he does not have any other prices to go by, however, the City of Norwalk is going by the commercial index attached to the agenda. Mr. Perone said he feels comfortable with it. He said that the background the firm has and the previous record with City of Norwalk is good. Mr. Perone asked Mr. Linnartz what he thought the City would encounter if they bid it out. Mr. Linnartz said right now there is no contract so the City of Norwalk is not receiving any income. He said the Committee might want to consider seeing if Marcal wants to do it on a month-to-month basis. Mr. Perone said a month-to-month basis is a good idea until the City of Norwalk can bid it out. Mr. Perone said the one nagging problem is that if the contract goes back say 100 years, that means that the City of Norwalk has not done any research in a long time. He said there is no way of knowing if Marcal is the best ones for the job. He said there is no harm in finding out if there is a better deal. Mr. Perone said the Committee should authorize Marcal to do the job from month-to-month in order to find out the best way to save money.
** MS. RIVAS MADE A MOTION TO APPROVE A NEW CONTRACT WITH MARCAL PAPER MILLS
TO DO THE CITY OF NORWALK'S MIXED PAPER RECYCLING ON A MONTH-TO-MONTH BASIS.
** MOTION CARRIED UNANIMOUSLY 6 TO 0.
7. DISCUSSION - OLMSTEAD PLACE
Mr. Linnartz said that Ms. Cece, a taxpayer has asked the DPW for records. He said the DPW is beginning to put the maps and reports together and is the process of responding to her request.
Ms. CeCe said that the full request went in just yesterday. She said the information was sent to all five departments that would be meaningful in proving their case, Conservation, Planning & Zoning, Public Works, the City Clerk and the Corporation Counsel. She said that she expects to receive some type of response from all of the departments within the next two weeks. Ms. CeCe said that Conservation had already responded. She said Planning & Zoning responded by telephone today. She said they are having trouble finding subdivision maps for Olmstead Place. She said that she is working with someone and is looking into it. Ms. CeCe said the City Clerk has responded to their request to them. She said it was the minutes and action step of the meeting they had will Mr. Grumman and Mayor Knopp. She said those minutes should include some sort of agreement by Mr. Grumman that the City of Norwalk was at fault. She said the meeting was either on September 3, 2002 or September 5, 2002. Ms. CeCe said that Ms. Roman was present to take notes at that meeting. She said the City Clerk, Ms. Stark is looking into their files for their version. Ms. CeCe said the Corporation Counsel was sent a request to have access to prior claims of flooding. She said the Corporation Counsel cited a Connecticut State statute when they denied the claims and they are asking them to supply what that statute was and how it reads. She said the lengthiest request is for the DPW. She said it has to do with the waste treatment plant, the piping, etc.. She said it might take a lot of time to produce. Ms. Cece said the reason she is at the meeting tonight is that she thought there was an agreement that the Committee would allow Olmstead to stay on the agenda as an action item until it is resolved.
Mr. Perone said that Ms. CeCe is always invited to attend the meetings and will be given an opportunity to speak. Ms. CeCe said it might take weeks or months for them to get the information they need and then it might take weeks or months for them to review it. She said she does not want to go through this process at her own expense and neither does her neighbors only to find out if they have enough to prove their case that the Committee are not willing to move it to the Common Counsel to have it come up on the agenda. She said that Mr. Spahr, who was assigned to this case, told her that when something goes through Corporation Counsel, it goes through their department based only on the dollar amount of the claim. She said that is the only criteria. She said that Mr. Spahr assured her that there is an appeals process to bring it before the Common Counsel. She said that she wanted to know tonight if this is the right information and if the Committee will bring the matter before the Common Counsel.
Mr. Kimmel asked if there is a probability that the City of Norwalk can be sued. Ms. CeCe said that she could not answer that question. Mr. Perone said that he does not know. He said in the appellate process he does not know if it is the Committee's role or someone else would be involved. He said there are multiple committees. Ms. CeCe said that Mr. Spahr indicated that it would be the Public Works Committee.
Mr. Kimmel said this is not a lot different from someone who wants to repair a pothole in the street. He said the argument would be presented before the Committee. He said the Committee could vote it down and not send it to the Common Counsel. He said it would have to have some kind of dollar amount. Ms. CeCe said it is a little bit different in that the taxpayers would not be asking the Committee to approve the claims and then move that to the Counsel. She said the taxpayers would be asking the Committee to get them on the agenda of the Common Counsel and let them present it to the Common Counsel that proves their case that they have the claim.
Mr. Kimmel said the word claim is a legal term. He said that he would not call it a claim. He said if someone has a problem, they assemble all of their information and present it to the Committee. He said once it is on the agenda there is public participation. Mr. Kimmel said the dollar amount is not presently known.
Mr. Poruban asked if Ms. CeCe was asking for a commitment from the Committee. Ms. CeCe said if the only way for the Committee to get this before the Common Counsel she did not want the Public Works Committee to have to agree with the claims she did not want to have to do that.
Mr. Perone said that he did not want to put it before the Common Counsel saying that the Public Works Committee approved this claim. He said the idea is for Ms. CeCe to get before the Common Counsel.
Ms. CeCe said that the last paragraph of Mr. Spahr's letter leaves it open for the taxpayers to gather additional data. She said Mr. Spahr could only make his original decision based on Mr. Romano's remarks. She said the taxpayers take issue with every comment that Mr. Romano makes.
Mr. Kimmel said that from his understanding, Ms. CeCe should submit all additional information not to the Committee but to Mr. Spahr. Ms. CeCe said that they could submit it back to Mr. Spahr but the taxpayers wanted an opportunity to bring it to Common Counsel so that they can examine it and just say pay the claim. Mr. Kimmel said the Public Works Committee would be exposing themselves to possible litigation.
He said that if the Committee added anything that could bring a semblance of validity to the claim it that could be used against the City of Norwalk. Ms. CeCe asked why an attorney would recommend that the taxpayers work with the Department of Public Works to appeal through Common Counsel.
Mr. Hilliard suggested that the Committee have Mr. Spahr attend the next meeting. Mr. Perone agreed. He said that the Committee needed to hear Mr. Spahr's interpretation. He said the next meeting would be on August 5, 2003. Mr. Kimmel and Mr. Poruban said that they would not be here for the August meeting. Mr. Perone said that he might want to set up a special meeting at the end of July.
Ms. CeCe asked if she could have the Olmstead Place traffic issues added back to the agenda. She said she the taxpayers have corresponded with Chief Rilling on what the possible solutions are. She said that when the police are not there it is still an issue. She said it is very dangerous trying to get on or off their road. Ms. CeCe said it is almost impossible to support any businesses in East Norwalk. Mr. Perone said he suggests putting it on the agenda for the August meeting. Mr. Linnartz said that there is not an easy solution. He said the State has delayed work on the bridge, which would narrow the scope of Olmstead Place. He said the DPW is looking into whether they can stripe it or paint it. Mr. Perone asked if there needed to be an overall review and study. Mr. Linnartz said no study is needed. Ms. CeCe said that recently some traffic signal timing changes were made that might have now compounded the issue. She said that maybe the DPW could look at the timing of the lights. Mr. Perone said the matter could be discussed on the next agenda.
Mr. Perone asked Mr. Linnartz what happened with the rumble strip in front of Tony's house on Flax Hill Road. Mr. Linnartz said he spoke with the Mayor today and the DPW is going to remove them.
7. ACTION ON ANY ITEM DISCUSSED HEREIN
There was no action on any item discussed.
** MR. KIMMEL MOVED TO ADJOURN THE MEETING.
** MR. HILLIARD SECONDED THE MOTION.
** MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 8:43 p.m.
Respectfully submitted,
Linda Custis
Telesco Secretarial Services
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