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COMMON COUNCIL ACTION
JUNE 11, 2002
NORWALK, CONNECTICUT 8:00PM DST, COUNCIL CHAMBERS
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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, June 11, 2002, in the Common Council Chambers, City Hall, 125 East Avenue, Norwalk, Connecticut. Mayor Alex Knopp called the meeting to order at 8:10 p.m. and led the assembly in reciting the Pledge of Allegiance.
I. ROLL CALL
Betsy Bain, Jeanette Olmstead-Sawyer
Kenneth Baker, Christopher Perone
Fred Bondi, Kevin Poruban
Barbara Hudgins, Judith Rivas
Bruce Kimmel, Douglas Sutton
William Krummel, Peter Wien
Joseph Mann, William Wrenn
Matthew Miklave
Fifteen (15) Members were present at Roll Call.
The following corrections were made to the minutes:
Page 6, 8th Paragraph: Delete the name: "Mr. Kimmel" and insert the name "Mr. Krummel".
Page 7, 2nd Paragraph, 3rd Line: Delete the word "medication" and insert the word "mediation".
** MR. KIMMEL MOVED APPROVAL OF THE MINUTES AS CORRECTED.
** MOTION PASSED WITH THIRTEEN (13) IN FAVOR (MESSRS. BAKER, BONDI, KIMMEL, KRUMMEL, MANN, MIKLAVE, PERONE, PORUBAN, SUTTON, WIEN, MS. BAIN, MS. HUDGINS AND MS. RIVAS) AND TWO (2) ABSTENTIONS (MR. WRENN AND MS. OLMSTEAD-SAWYER).
Laurel Lindstrom, 20 Raymond Terrace addressed the Council. She stated that she was a Member of the Tree Alliance and expressed her appreciation to the Ordinance Committee for addressing this issue. She added that she also appreciated the purpose of the Tree Ordinance. She explained that this Ordinance would bring protection to the trees and the Advisory Committee would be the ongoing safeguard to further protect the trees. Ms. Lindstrom pointed out that in addition the other positive aspect was the community involvement. She remarked that the opportunity for community involvement occurred each time a new tool was instituted by the Administration.
Mayor Knopp thanked Ms. Lindstrom for all her assistance.
Don Nelson, 8 Argentine Way addressed the Council. He stated that he was a Member of the Tree Alliance and Clean and Green. He went on to state that the adoption of the proposed Tree Ordinance would be a major first step in the organized, proactive and professional tree plan. He explained that this was the beginning of the 100-year Tree Plan that would serve all residents of Norwalk as well as the coming generations. Mr. Nelson informed the assembly that they could visit the website at www.norwalktreealliance.org. He said that the website would explain all the notions behind the development of the Tree Alliance and its purpose. He also said that a tree inventory would be conducted throughout the summer. Mr. Nelson closed by stating that this would enable them to secure an established plan by which the trees would be managed.
Mayor Knopp thanked Mr. Nelson for all his work.
IV. MAYOR
There were none this evening.
Mayor Knopp stated that it was his privilege to be involved with many wonderful events. He went on to state that he had attended some of the showcase meetings presented by the Board of Education in some of the schools and these had displayed the many wonderful achievements that had occurred. He mentioned Awards Night at Brien McMahon High School, the Air Force ROTC at Norwalk High School and the Honors inductions at both high schools. He also mentioned the symphony that he had attended and remarked of the opportunities he had to witness these wonderful family events acknowledging the achievements of many youngsters. Mayor Knopp commented that their excellence in achievement was second to none in the State and he was especially proud of the 3rd Place High School Award in Chemistry that had been earned.
Mayor Knopp stated that his office had consulted with the FOI agency and found that as long as the items of Consent were listed on the agenda it was sufficient for an introduction to each item to be read instead of every word. He added that it would still be valid and meet FOI requirements.
Mr. Mann presented the following items for consent:
VII. COMMON COUNCIL COMMITTEES
Proposed Camera Installation at Yankee Doodle Garage, for a sum not to exceed $4,000. Acct. # 03 0000 2604
1a. Authorize the Mayor, Alex A. Knopp, to execute any and all documents necessary to apply for and accept grant funds from the State Department of Labor, The Workplace, Inc. under the Summer Youth Employment Program.
1b. Authorize the Mayor, Alex A. Knopp, to execute any and all agreements and instruments necessary to implement the Summer Youth Employment Program pursuant to such grant funding.
"Authorize the Mayor, Alex A. Knopp, to execute an agreement with Bay Fireworks to provide the 2002 Fireworks DISPLAY FOR THE City of Norwalk July 2, 2002 with a rain date of July 5th, for a sum not to exceed $26,000.00"
Change: "Authorize the Mayor, Alex A. Knopp, to execute an agreement with Bay Fireworks to provide the 2002 Fireworks display for the City of Norwalk July 2, 2002 with a rain date of July 7th for a sum not to exceed $26,000.00"
X. SUSPENSION OF THE RULES
CONSENT TO ADD THE FOLLOWING ITEMS TO AGENDA:
VI. A. BOARD OF ESTIMATE AND TAXATION
6.RESOLVED, that a sum not to exceed $243,000 be and the same is hereby transferred from Contingency to the Board of Education to assist the Board of Education in partially offsetting the over budget medical insurance cost. Acct. No. 15725110-212-57
VII. COMMON COUNCIL COMMITTEES
G. LAND USE AND BUILDING MANAGEMENT COMMITTEE/SCHOOL
BUILDING COMMITTEE
a.1. BRIEN MCMAHON HIGH SCHOOL/CENTER FOR GLOBAL
STUDIES RENOVATION AND EXPANSION PROJECT.
a.2. BROOKSIDE ELEMENTARY SCHOOL REPLACEMENT PROJECT
** MR. MANN MOVED APPROVAL OF THE CONSENT ITEMS.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
B. OTHER GENERAL COUNCIL BUSINESS
There was none discussed this evening
1. Approve the list of programs for inclusion in the City of Norwalk's submission for the 2002/2003 Neighborhood Assistance Act Tax Credit Program.
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Messrs. Miklave, Wrenn, Bondi and Mann recused themselves from this item and left the chambers.
Mr. Kimmel stated that businesses could contribute to the organizations on this list and those that did would receive a tax credit. Mayor Knopp commented that he appreciated being able to appropriate money through tax credit.
** MOTION PASSED BY VOICE VOTE WITH ELEVEN (11) IN FAVOR (MESSRS. BAKER, KIMMEL, KRUMMEL, PERONE, PORUBAN, SUTTON, WIEN, MS. BAIN, MS. HUDGINS, MS. RIVAS AND MS. OLMSTEAD-SAWYER) AND FOUR (4) ABSTENTIONS (MESSRS. BONDI, MANN, MIKLAVE AND WRENN).
** MR. KIMMEL APPROVAL OF THE ITEM.
Mr. Kimmel commented that the item was not to exceed $25,000 but the backup material did not support that figure. Mr. Miller interjected that the rate was accurate but the number of accounts was incorrect.
Mr. Wrenn asked if both firms came in at the same price and Mr. Miller replied that the firm who usually performed this work was not capable of performing it at such a large number. He added that it was also an opportunity to have another firm compete for the business and discover how they fared. Mr. Wrenn commented that the contract showed the firms would not be sharing the same amounts per audit and Mr. Miller remarked that he did not have knowledge of this.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mr. Kimmel asked Attorney Chicarella if the entire item had to be read, including the account numbers. Attorney Chicarella replied that it was not necessary to read each out loud but each Council Member could decide on their own procedure.
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mr. Kimmel highly commended the Administration for setting up a Task Force for reviewing overtime. He stated that apparently there was some information unknown to the past Administration about how overtime accumulated. He added that he felt Mr. Gilden had done a good job. Mr. Kimmel pointed out that for years there had been deficits in this account and recently the amount of overtime had dropped 32%. He said that a surplus was expected next year and an even larger surplus the year after. He noted that he felt headway was being made on these issues, which were saving taxpayers several thousands of dollars. He commended the Administration again.
Mayor Knopp stated that there was no question that Norwalk should have well paid policemen but at the same time there was overtime pay that had not gone to the good of the City. He explained that the 40-hour limitation in the contract was being ignored and due to that fact the calculations of the overtime was costing the City a great deal of money. He added that they would be cleaning up a lot of this by appropriating these funds. Mayor Knopp informed the assembly that by taking action now they expected a 10-year savings of over $500,000.00 and a fiscal year July 1st savings of $44,000.00.
Mayor Knopp advised that Chief Rilling and Mr. Miller had been in agreement with him that funds would not be transferred at this time. He commented that this was a major step of reform for the overtime problem and he thanked everyone that helped identify this issue.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
VI. A. BOARD OF ESTIMATE AND TAXATION
6.RESOLVED, that a sum not to exceed $243,000 be and the same is hereby transferred from Contingency to the Board of Education to assist the Board of Education in partially offsetting the over budget medical insurance cost. Acct. No. 15725110-212-57
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mr. Kimmel stated that the previous Council had thought some of the Board of Education operating budget estimates had been low and that they would be running certain deficits. He went on to state that the Board of Education had understood that the City was in the midst of revaluation and they had been willing to proceed with the lower budget. However, he said that there had been an understanding that the Board would come back to the Council should they run deficits.
Mr. Kimmel stated that when the present Council had come into office they had been concerned about changing the relationship with the Board of Education. He went on to state that they wanted the Mayor, Council Members and Board of Education Members to be able to work together to solve problems. Mr. Kimmel remarked that this was a perfect example of how they could solve problems in a positive way. He added that this year the Board of Education budget was very different and he doubted that the Board would be coming back to the Council next year.
Ms. Bain commented that in the current upcoming budget there were no similar arrangements made as this one indicated. She said that this had been ongoing for several years and she wanted clarification that those estimates had not been similarly imposed this year.
Mayor Knopp stated that in prior years there had been understandings between the Board of Education, the Finance Director and the Mayor concerning contingency. He went on to state that Mr. Miller had agreed that his estimates were not accurate and the City had an obligation to meet a higher level of needs. He commented that they were not here this evening to vote on an appropriation because Mr. Miller’s estimates were off but because there had been an unpredictable increase in medical costs. He stressed that there were no agreements made by his Administration other than what the Superintendent had outlined. He explained that the way in which they had changed the budget process this year alleviated the need to make any special arrangements.
Ms. Bain commented that there were accounts that could fluctuate widely, especially Special Education. She said that there had to be cooperation and allowed dialog between the Board of Education, the City and the Board of Estimates and Taxation because it was her understanding that the budget was very tight. Ms. Bain stated that she would like to be assured that there was an opportunity for a special appropriation case to at least be presented, should it be necessary. Mayor Knopp responded that there would absolutely be. He added that the budget was tight but there were also some positive changes to the good. Ms. Bain reiterated that she only wanted to be assured that there was an opportunity for friendly dialog and Mayor Knopp replied again that there absolutely would be.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
VII. COMMON COUNCIL COMMITTEES
A. ORDINANCE COMMITTEE
** MR. WRENN MOVED THE ITEM FOR APPROVAL AND AT THE SAME TIME OFFERED AN AMENDMENT TO THE ITEM DATED JUNE 10, 2002, WHICH AMENDED THE DRAFT IN THE NATURE OF A SUBSTITUTION.
Mr. Wrenn stated that the major change in the Amendment was that the word "shrubs" be removed from definitions and other parts of the Ordinance and that the focus be only given to trees. Also, he said that the nominations for the Tree Advisory Committee would be made by the Mayor and would be subject to approval by the Common Council. He added that there was also a technical change regarding appeals and that anyone living in the area (owners of abutting property or property across the street) must be notified of applications for tree removal.
Mayor Knopp suggested that after this Amendment the Members entertain one additional Amendment to include under exemptions Section 15-12 to add the words or Authorities to the exemptions. He reiterated that this should be done after Mr. Wrenn’s Amendment had been discussed.
** MR. WRENN MOVED THE AMENDMENT FOR APPROVAL.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
** MR. WRENN MOVED APPROVAL OF THE ORDINANCE AS AMENDED AND TO CHANGE SECTION 15-12 TO ADD THE WORDS OR AUTHORITIES TO THE ITEM.
Ms. Bain remarked for clarification purposes that the trees originally presented as street trees had now been expanded to include public park trees. She asked how this Ordinance would impact the removal of trees in public parks. Mayor Knopp replied that the only impact to adding public park trees was to include them in the Tree Advisory Committee’s recommended plan for maintenance and preservation. Ms. Bain asked if the proposed Amendment would exempt authorities from the permit and fee requirement or if it exempted them from or included them in plans for development of the park. Mayor Knopp replied that this would enable the Tree Advisory Committee to make a recommendation about the trees in the parks but no City action for a tree in a park would require a permit.
** AMENDMENT TO THE MOTION ADOPTED UNANIMOUSLY BY VOICE VOTE.
** MR. WRENN MOVED THE ITEM AS AMENDED.
Mr. Wrenn stated that he was very thankful to the Ordinance Committee and Ms. Lasberg for all the hard work they had done. He went on to state that the Ordinance showed that the City was looking to all the benefits that trees brought to the community. Mr. Wrenn pointed out that an acre of trees expired enough oxygen into the atmosphere to provide 18 people for an entire day. He also pointed out that every tree contributed to purifying the air and cooling the climate. He mentioned how people identified with the landscape and how the City was going to maintain and take care of its trees. Mr. Wrenn advised the assembly that as a tree City sponsored by the National Arbor Day Association Norwalk would be eligible for State Grants.
Mr. Miklave stated that he was pleased to support this Ordinance and he noted that the end result was that this Ordinance was a better product and stood for a very rational, common sense approach. He noted that now permission would be needed before anyone could cut down a public tree and if granted a fee would have to be paid to fund the planting of another. Mr. Miklave also noted that there had been much rhetoric and he felt this was a balanced approach which went to the Member’s campaign.
Mr. Wien stated that he was a Member basically because he wanted to save the trees. He went on to state that he was quite impressed with the number of people that came out to show their concern. He said that the best part of the Ordinance was the number of people who got involved and offered their input.
Mr. Bondi remarked that previously Mr. Wrenn had not voted to allocate $15,000.00 to the trees in the park.
Mr. Perone stated that ordinances similar to this one did not "grow on trees". He went on to state that this was a group effort and he commended Mr. Wrenn. He also commended Mr. Grumman for working with the Ordinance Committee and Mr. Bondi for assisting the Ordinance Committee with a solution for a common sense approach that protected the trees and focused on the issue at hand – preserving trees.
Mr. Kimmel stated that he commended all and added that this was a good Ordinance. He went on to state that the Ordinance was easy to read and was just what was needed at this point. He remarked that this Ordinance would enable the City to apply for many Grants and would generate revenue for the City and save taxpayers quite a bit of money. Mr. Kimmel commented that although another task force had been created the Members were volunteers. He added that these Members were residents of Norwalk who committed themselves to helping the City. He applauded the creation of the Tree Advisory Committee and felt that perhaps in the future similar types of committees could be created.
** THE ORDINANCE WAS UNANIMOUSLY ADOPTED AS AMENDED.
B. PUBLIC WORKS COMMITTEE
** MR. PERONE MOVED APPROVAL OF THE ITEM WITH THE AMENDMENT THAT THE LANGUAGE BE CHANGED FROM 5 YEARS TO A ONE -YEAR TERM.
Mr. Kimmel asked if the language change would affect the 3% annual increase of the fee. Mr. Perone replied that it would and added that language would have to be deleted. Mayor Knopp asked Mr. Grumman if this change had been discussed with Fleet Bank. Mr. Grumman replied that it had not and explained that the Committee had requested that the staff investigate the fees offered to railroad stations of similar size. He added that they had no chance to discuss the impact of a 5-year versus a one-year program with Fleet Bank. Mr. Grumman advised that they felt after their discussion with Mr. Rosa from the State that they might be able to receive more revenue. He said that because of this they did not want to commit for 5 years.
Mayor Knopp asked if this amount had already been negotiated with Fleet Bank and if they could unilaterally change the terms. He also asked Mr. Grumman if he felt they could wait 2 more weeks. Mr. Grumman replied that they could wait. Mayor Knopp asked if items such as these were put out to bid and Mr. Grumman replied that many were but this particular one was not. Mr. Grumman explained that Fleet Bank had requested this rent years ago and the rental fee had escalated from $30.00 a month to $360.00 a month. He noted that the current lease expired at the end of June 2002.
Mr. Perone withdrew his previous motion and stated that this item should be tabled for 2 weeks to achieve a better understanding of the matter. Mr. Grumman commented that if this was not enough time he would report that to the Council in 2 weeks.
** MR. PERONE MOVED APPROVAL TO TABLE THIS ITEM FOR 2 WEEKS.
Mr. Miklave stated that he was opposed to tabling this item because the timing of the expiration date of the lease concerned him. He went on to state that the loss of the lease would be a hardship to commuters. He cautioned of a situation that would find them with an expired lease and no service.
** MOTION PASSED WITH FOURTEEN (14) IN FAVOR (MESSRS. BAKER, BONDI, KIMMEL, KRUMMEL, MANN, PERONE, PORUBAN, SUTTON, WIEN, WRENN, MS. BAIN, MS. HUDGINS, MS. OLMSTEAD-SAWYER AND MS. RIVAS) AND ONE (1) OPPOSED (MR. MIKLAVE).
Mr. Kimmel noted that the report was in the Member’s packets and that the rates were up. He said that several delinquent tax accounts had been closed and the City was making headway. He commended the tax assessor and collector’s office for trying to clear the books as quick as possible.
VII. COMMON COUNCIL COMMITTEES
G. LAND USE AND BUILDING MANAGEMENT COMMITTEE/SCHOOL BUILDING COMMITTEE
a.1. BRIEN MCMAHON HIGH SCHOOL/CENTER FOR GLOBAL STUDIES RENOVATION AND EXPANSION PROJECT.
Authorize the Mayor, Alex A. Knopp, to execute an Agreement with Gilbane, a construction management company located in Glastonbury, CT, to provide construction management services as the Constructor (CMc) for the Brien McMahon High School/Center for Global Studies Project. The Agreement shall include options to evaluate the project and to terminate the contract at the end of Feasibility Phase and Design Phase. Fee structure shall be as follows with the Guaranteed Maximum Price to be subject to final approval by the Common Council:
Feasibility Plan $ 20,000.00
Design Phase $ 175,000.00
Construction Phase (36 Months)
CM Fee 2.4% of Construction Cost
General Conditions $2,221,776.00
Construction Contingency 3%
Account# 090250105777C0237 and 2002-2003 Capital Budget allocations for Brien McMahon High School Project – Account number to be assigned by the Finance Department.
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM.
Mr. Krummel stated that the architect was engaged in the feasibility phase of the project and that construction management activity was needed to render a close cost estimate. He stressed that the construction manager needed to be working on this project as soon as possible. Mr. Krummel informed the assembly that a Committee had studied the various proposals brought forward and they had done an excellent job in their evaluations. He said that the Committee Members had voted unanimously that Gilbane was the best-qualified firm. Mr. Krummel said that a smaller Committee had also been formed to secure the best possible price. He advised the Council that the Land Use and Building Management Committee supported the recommendations of both Committees. He said that he felt Norwalk was fortunate to have the management teams that they had and he also felt that their extensive experience would serve the City well. Mr. Krummel remarked that it was important during this primary phase of the project to go through the feasibility study in order to remain true to the appropriations the Council had approved and get the most efficient funds.
Mr. Kimmel commented that these were exciting times for education in Norwalk with all the projects that were taking place. He pointed out that there was a lot of long overdue work that was getting completed or would be starting up.
Mayor Knopp remarked that this was an exceptionally important contract, as it would be a model for future contracts. He pointed out that the Brien McMahon Project was the second largest project in the City’s history and $46 million dollars had been allocated for it in the budget. He explained that the main purpose for this contract was to ensure that there was more upfront effort made to evaluate and control costs before construction began. Mayor Knopp explained that in this way they could avoid increased appropriations through change orders and punch lists. He added that the feasibility plan under this contract would give them immediate feedback as to the educational specifications and the appropriations. He commended Mr. Krummel, Ms. Bain and others who served on the Evaluation Committee.
Mayor Knopp advised the assembly that Mr. Krummel and Mr. Schmidt had set up a new evaluation process and then produced unanimous agreement and process that ranked every proposal on set criteria with a set amount of standards. He expressed that the Committee was able to save the City significant funds and he thanked Mr. Schmidt for his assistance. Mayor Knopp informed the assembly that a meeting was held with Gilbane and another firm and after the meeting and review of the evaluation rankings it was clear that Gilbane was the significant force in this field. He added that this also helped set the changes that they were making in the construction process and he felt they were on the road to something that was going to be very successful.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
a.2. BROOKSIDE ELEMENTARY SCHOOL REPLACEMENT PROJECT
Authorize the Mayor, Alex A. Knopp, to execute a contract with Eleck & Salvato Electric, Inc., for the installation of electrical service to the modular classroom as part of the Brookside School Replacement Project for a total not to exceed $12,280.00. Acct# 090050105777C0171.
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM.
Mr. Krummel stated that this was the next part of the installation of the modular classrooms. He explained that they had portable classrooms coming in and all the installation work had to be done before they could be put into service. He stressed that this was an essential part of that installation work and that this had been the lowest of the 3 bids received.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
There were none this evening.
OTHER BUSINESS
Mr. Bondi stated that the fireworks display would be held on July 2nd this year and not July 3rd. He commented that he needed to state this because many people were under a misconception because they had always been held on the 3rd of July in the past. He explained that they had changed the date this year because they had changed the fireworks company and that was the date they were available.
** MR. BONDI MOVED APPROVAL TO ADJOURN.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
The meeting adjourned at 9:25 p.m.
Respectfully submitted,
Ann Marie DeLuca
Telesco Secretarial Services
ATTEST: _______________________________________________
Pam Stark, City Clerk
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