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COMMON COUNCIL ACTION
MARCH 26, 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, March 26, 2002, in the Common Council Chambers, City Hall, 125 East Avenue, Norwalk, Connecticut. Mayor Alex Knopp called the meeting to order at 8:15 p.m. and then led the assembly in reciting the Pledge of Allegiance.
I. ROLL CALL
Betsy Bain Jeanette Olmstead-Sawyer (8:25 p.m.)
Kenneth Baker Christopher Perrone
Fred Bondi Kevin Poruban
Barbara Hudgins Judith Rivas
Bruce Kimmel Douglas Sutton
William Krummel Peter Wien
Joseph Mann William Wrenn
Matthew Miklave
Fourteen (14) Members were present at Roll Call.
II. ACCEPTANCE OF MINUTES
The following corrections were made to the minutes:
Page 1, Contents of "NOTE": All language should be in the past tense.
Page 5, Item VI.B.1. 2nd Paragraph, 2nd Sentence, Phrase should read: "…that elected public servants received severance pay after losing an election."
Page 6, Item 3, 2nd Paragraph, 4th Line: Delete the word "personal" and insert the word "commercial".
Page 7, Item VIII.C.1. : Note that after the Motion was passed: Mr. Miklave returned to Chambers. Item VII.D.1., Motion should read: "Mr. Miklave moved approval of the item subject to reflect the final review of Corporation Counsel. After the Motion, 1st Paragraph, 1st Sentence: Phrase should read the state dealing with the rails yards that were given to the City. The end of the 3rd Sentence should read: "…and because the lease had to be amended to reflect the proper scope of the properties".
Page 8, 2nd Paragragh, , 2nd Sentence: Delete the word "amount" and insert the word "number". 2nd two last Sentence: Delete the phrase "the list of people" and insert the phrase "deletion of the requirement regarding a list of applicants be presented to the Council. 3rd Paragraph, 2nd Sentence: Delete the word "possible" and insert the word "impossible".
Page 10, 4th Paragraph, 4th Sentence should read: "He added that the money that was found for Brookside School would have sent 1,500 youngsters."
Page 11, 1st Paragraph, Last Sentence: Delete the entire sentence.
Page 12, Last Paragraph, Only Sentence: Delete the name "Mr. Kimmel" and insert the name "Mr. Krummel".
Page 13, 1st Line: Delete the name "Mr. Kimmel" and insert the name "Mr. Krummel". 2nd Paragraph, Only Line: Delete the name "Mr. Kimmel" and insert the name "Mr. Krummel". 3rd Paragraph: 7th Line: Delete the word "school" and insert the word "scholarship".
Diane Lauricella, 249 Chestnut Hill Road addressed the Council. She stated that she wanted to bring the Water Pollution Control Authority to the Members’ attention. She went on to state that she was on record as having had and she still supports the placement of a WPCA. She remarked that she had not read the language but asked that serious thought be given to Sections 18 and 19 and mentioned her concerns with the wording "with failing systems" and the wording "repair" and "…all and may be required in the future". She explained that if there was one failing system it could be put back in proper use with very little tweaking. She noted the language did not look at the hydrological cycle. Ms. Lauricella commented that Conservation should also be included in the loop. She said that the Directors of Public Works were engineers who did not have the training to look at hydrological systems. She closed by stating that the sections had not included any input from Conservation or the Health Department.
Robert Griffith, 21 Sable Street addressed the Council. He stated that he wanted to address the violence level of South Norwalk. He remarked that many of the Council Members did not live in that area and might feel that the situation did not pertain to them. He went on to state that they were one City and when they allowed for the escalating violence to continue they were condemning the entire City to a state of violence. He stressed that when people looked at the City and looked at the continued escalating violence it was affecting the entire City. He said that these people who were the weakest economic population of the City needed to be uplifted. He cautioned that even though he felt the Members were very dutiful they had "missed the ball". He closed by reiterating that this was an escalating problem and added that it needed to be addressed.
IV. MAYOR
Reappointments:
Convention & Visitor Bureau - Frank Whitman Term to expire 7/1/02
Mayor Knopp stated that Mr. Whitman was the owner and operator of the Silvermine Tavern and he had been very supportive of the City. He noted that Mr. Whitman had been serving in this position without formal confirmation.
** MR. BONDI MOVED APPROVAL OF THE REAPPOINTMENT.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Appointments:
Section 504 Officer - Stuart Opdahl
Mayor Knopp stated that the function of the 504 Officer was to receive complaints on ADA compliance and forward it to City. He added that Mr. Opdahl was familiar with engineering and building codes.
** MR. KRUMMEL MOVED APPROVAL OF THE APPOINTMENT.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mayor Knopp announced that the Parking Authority meeting would not be held tomorrow night and it had been rescheduled for Monday, April 1st at 7:30 p.m. He stated that Mr. Mann would be proposing to add several items to the agenda and he would comment on them after that time.
Mayor Knopp then commented that the recent episodes of violence in Norwalk, especially South Norwalk were troubling to him. He adamantly stated that he would not tolerate this and noted that there had been a strong response from the Police Department. He said that there had been an increased number of street level drug crime events and it was clear from recent incidents that added police presence was necessary. However, he added that their added presence was not the only solution and pointed out that the shooting at Monterey Village had occurred 30 seconds after the officer had left the scene.
Mayor Knopp informed the assembly that he had convened a meeting today that included the Chief of Police and the Deputy Chief to discuss the steps that could be taken at Monterey Village by the Norwalk Housing Authority. He noted that a number of good suggestions had developed from the meeting. He said that they had discussed housing security measures that could be taken to crack down on street drug crime.
Mayor Knopp advised the assembly that rather than announce the steps that would be taken tonight it had been decided to develop them in terms of implementation and additional research on the rights of law enforcement personnel in these incidents. He added that they would consult with tenants and Housing Authority personnel. He said that the tenants needed to give their input because residents of public housing projects, particularly Monterey Village, were being terrorized by drug selling criminals who did not live in Norwalk but used these properties to sell and store cash and devise their plans. He remarked that they wanted to involve the tenants more in the security aspect of these sites and seek their agreement or understanding.
Mayor Knopp explained that in terms of occupancy it was under the purview of the Housing Authority to evict, not just the criminal, but their family as well. He informed the assembly that the owner of Monterey Village had been cooperative in discussing these measures and had agreed to help finance the rehab on his property. Mayor Knopp said that he had spoken with Chief Verda about egress issues to ensure that nothing they planned to do would be violating any fire codes. He closed by saying that additional meetings would be taking place and every effort would be made to protect and defend residents who were being preyed upon.
Mr. Mann presented the following items for consent:
2. EXECUTIVE SESSION: Authorization to settle claim: Jonathan Define and Jeremy Alicea v. City of Norwalk
VII. COMMON COUNCIL COMMITTEES
3. Authorize the Mayor, Alex A. Knopp to execute an agreement with the Rowayton Parent Teacher Association for use of the Rowayton School grounds for their annual carnival. The event would take place Friday May 3, 5:00-10pm. And Saturday May 4, 11:00am-6:00pm with Sunday May 5 as a rain date. Set up would take place 8:00am. May 1-3 and breakdown on Sunday May 5 by 8:00pm.
4a. Approve the use of Veterans Park by the Puerto Rican Parade of Norwalk CT., Inc. for the annual "Puerto Rican Day Parade" on Sunday June 23, 2002 from 2:00-7:00pm. Estimated attendance 3000.
4b. Approve the use of the Showmobile by the Puerto Rican Parade of Norwalk CT, Inc. for ceremonies as part of the Puerto Rican Day Parade on Sunday June 23, 2002 from 1:00-8:00pm.
3a. Authorize the Mayor, Alex A. Knopp, to execute an Amendment to the City's Lease with Valentine D. Dowd for Unit #1 at 35 Smith Street (Old Smith Street Jail), extending the terms for one additional year. All remaining terms of the Agreement to remain unchanged. CONSENT TO REFER BACK TO COMMITTEE.
3b. Authorize the Mayor, Alex A. Knopp, to execute an Amendment to the City's Lease with Richard A. Winfield for Unit #2 at 35 Smith Street (Old Smith Street Jail), extending the terms for one additional year. All remaining terms of the Agreement to remain unchanged. CONSENT TO REFER BACK TO COMMITTEE.
2a. Authorize the Mayor, Alex A. Knopp, to execute any and all documents necessary to apply for and accept grant funds from the State of Connecticut Department of Social Services for a 2002 Summer Busing Grant of $1,762.00.
2b. Authorize the Mayor, Alex A. Knopp, to execute any and all agreements and instruments necessary to implement the State of Connecticut Department of Social Services 2002 Summer Busing Grant of $1,762.00.
X. SUSPENSION OF THE RULES
SUSPEND THE RULES so that the following items would be added to the agenda:
VII. COMMON COUNCIL COMMITTEES
E. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
1. Yankee Doodle Parking Garage Special Arrangement for Skakel Trial.
1. Approve Technical Correction to Common Council Action, November 20, 2001, Section VII B. (6) (a).
** MR. MANN MOVED APPROVAL OF THE ITEMS ON CONSENT.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
** MR. MANN MOVED APPROVAL OF THE ITEM.
At the request of Mayor Knopp, Mr. Miller came to the podium and addressed the Members. He stated that this opportunity had arisen fairly recently and until now when tax-exempt bonds were issued they had invested at high rates. He went on to state that the Federal Government had taken that away but now the environment and condition had changed and it opened an opportunity for the City to gain some savings. He remarked that they could achieve cash flow savings of $500,000 and because of that they wanted to have everything in place so that if the conditions were favorable they could sell.
Ms. Bain commented to Mr. Miller that based on her reading of the material the Resolution was for approval of financing of an amount not to exceed $25 million dollars. She noted that the financing referred to in the material was less than $14 million dollars and she asked Mr. Miller why the limit was higher. Mr. Miller replied that in the event that the market turned favorable they were looking for authorization to finance up to the maximum.
Mr. Miklave asked Mr. Miller to explain the decision making process involved and who would take part in the negotiations and discussion to put the bonds on the market. Mr. Miller replied that they were putting themselves in that position and they had input from one agency and counsel. He added that they were hoping to have a price on the 3rd or 4th but if conditions were not good they would not proceed. Mr. Miklave remarked that under the proposed Resolution there would be collaboration between the Mayor, the Common Council President and Mr. Miller’s office. Ms. Bain interjected that in the future and since they were dealing with large sums of money, she would be interested in the process that was utilized. Mr. Miller responded that he would be happy to discuss the process with her.
Mr. Wrenn asked Mr. Miller to explain how the cash flow savings would be realized and Mr. Miller replied that they would achieve the savings the first year and that would reduce the amount that they would have to pay in the next fiscal year for financing because passbook savings were taken into consideration.
Mayor Knopp commented that there was an article in the Member’s packets indicating the difficulty in balancing the budget in a recession. He pointed out that one of the few silver linings was that in a recession interest rates moved down. He explained that refinancing high interest debt to a lower interest rate was how they hoped to achieve accomplishing the transfer of high interest bonds to low interest bonds. He urged the Members to support this in an effort to keep the mill rate as low as possible.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
VII. COMMON COUNCIL COMMITTEES
5. Authorize the Mayor, Alex A. Knopp to enter into an agreement with Star Inc. for the placement of 20 large public sculptures in the lower Heritage Park area on display for two weeks June 1, 2002 through June 15, 2002. After the two week public display at Heritage Park, Star is requesting to leave two (2) on display in Calf Pasture Beach, two (2) at Mathews Park and one (1) in Cranbury for a two-month period commencing June 15, 2002-August 15, 2002. Additionally four (4) permanent sculptures to be placed at "Art under the Bridge" in Heritage Park for a one-year period.
** MR. BONDI MOVED APPROVAL OF THE ITEM AS AMENDED.
Mr. Miklave recused himself from the item and removed himself from the chambers.
Mr. Wrenn commented that the item stated that these were permanent sculptures but they would only be in place for one year. Heather Dunn, Project Coordinator for Star, Inc. replied that the distinction was whether the sculptures could be moved or not. She added that this was a zoning technicality.
** AMENDMENT TO THE MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mr. Kimmel asked Ms. Dunn how the decision would be made regarding the placement of the sculptures. Ms. Dunn replied that she was working with Mr. Mocciae and that Mr. Mocciae would make the placement determinations. Ms. Bain commented that the sculptures would be similar to the cows or cars that were seen in New York City and she felt it was a wonderful idea.
Mr. Bondi commented that he felt it was a wonderful project to commemorate Star’s 50th anniversary and all the wonderful work they did for their clients. He added that he hoped this would bring Star more press and status.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mr. Miklave returned to chambers.
1. Technical Correction:
"Approve the use of Kendall School Parking area and adjacent ground by Gene Horne of the Kendall School PTO for the annual Kendall School Fair from April 13-22, Carnival dates April 17-20. Times 6:00-10:00pm. Estimated attendance 500 per day, 2000 total.
Correction:
"Authorize the Mayor, Alex A. Knopp, to execute an agreement with the Kendall School PTO for the use of the Kendall School Parking area to hold their annual School Fair/Carnival on April 17-20 at 8:00am with the clean-up completed by Monday April 22 at 5:00pm. Estimated attendance 500 per day 2000 total."
** MR. BONDI MOVED APPROVAL OF THE ITEM.
Mr. Bondi stated that the carnival dates were April 13-20 from 6:00 p.m. to 10:00 p.m.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
** MR. BONDI MOVED APPROVAL OF THE ITEM.
Mr. Krummel stated that he had a problem with the fireworks display being presented on the 2nd of July. He went on to state that he felt they were moving away from the commemoration of the 4th of July by having the fireworks 2 days before. He added that he felt they were starting to lose site of the purpose of having the fireworks. He remarked that he hoped if they couldn’t be conducted on the 3rd of July that they could have them on the 5th of July, or even over the weekend. He said that he felt they were moving away from the original purpose and it was an expensive item that might not get the appreciation or attendance it merited by being conducted on July 2nd.
Mr. Bondi responded that there were only so many days that the company could shoot the fireworks and they were fortunate to have secured this particular company. He explained that this company was the only one that had the ability to supply the fireworks and the barge as well. He added that they were lucky to get the company for the 2nd because they had already contracted with Stamford for the 3rd. H remarked that perhaps they would have this company again next year and contract for a different date.
Mr. Kimmel asked if the 5th of July was available and Mr. Mocciae replied that the 5th was available as their rain date. Mr. Kimmel remarked that they should make sure that they were able to have the fireworks on the 4th of July. Mr. Mocciae advised that they could never secure that date unless they were willing to pay double and triple time. A discussion ensued with regard to changing the date from the 3rd to the 5th. Mr. Mocciae cautioned that if it should rain on the 5th the new rain date would be even further away from the holiday but Mr. Kimmel stated that he felt it would work out.
Mr. Wien commented that although he understood the timing issues he would like to see the celebration conducted on the 4th and he added that it would be unique.
Mr. Krummel discussed the various dates and prices on the worksheet from the fireworks company and entertained the idea of having the display on the 6th of July. Mr. Kimmel asked if they could have the 5th for the display with a rain date of the 6th. Mr. Mocciae advised that the openings the fireworks company had originally proposed were no longer available. He reiterated that it would be a substantial increase to the budget to have the display over the weekend and he noted that there was a lot of picnicking at that time and they always tried to avoid having them on the weekend.
** MOTION PASSED BY VOICE VOTE WITH FOURTEEN (14) IN FAVOR (MESSRS. MIKLAVE, SUTTON, KIMMEL, PORUBAN, PERONE, MANN, BONDI, WRENN, BAKER, WIEN, MS. BAIN, MS. HUDGINS, MS. RIVAS, MS. OLMSTEAD-SAWYER) AND ONE (1) OPPOSED (MR. KRUMMEL).
C. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
1a. Authorize the Mayor, Alex A. Knopp, to execute any and all documents necessary to apply for and accept grant funds from the Federal Emergency Management Agency's United States Fire Administration under the 2002/03 Assistance to Firefighters Grant Program.
1b. Authorize the Mayor, Alex A. Knopp, to execute any and all agreements and instruments necessary to implement the 2002/03 Assistance to Firefighters Grant Program pursuant to the grant funding.
** MR. PORUBAN MOVED APPROVAL OF THE ITEMS.
Mr. Poruban stated that this application was for a large Grant, which would transform the current training facility on Smith Street into a Regional Training Facility. He informed the Members that currently the only facility of this nature was in Windsor Locks. He added that they would be able to open the new facility up to surrounding towns for the training of their fire departments.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
1. Approve an Ordinance Establishing a Water Pollution Control Authority to Construct,
Operate and Maintain the sewerage system for the City of Norwalk.
** MR. WRENN MOVED APPROVAL OF THE ITEM.
Mr. Wrenn commented that he felt this was a wonderful Ordinance and that it was a fair situation to ask people who were using a resource to pay for it. He stated that the Ordinance did a good job of balancing the needs of the City with the needs of the taxpayers. He noted that they were allowing what many other towns had already implemented and with great success. He added that he was certain Norwalk would have great success with the program as well.
** MR. WRENN MOVED APPROVAL OF THE AMENDED VERSION OF THE ITEM.
Mr. Kimmel commented on Section 16 and asked if someone felt they had been aggrieved or should not pay at all if this was the Section that their appeal would fall under. Mayor Knopp replied that it was. Mr. Kimmel commented on Section 18 and noted that Ms. Lauricella had voiced some concerns. He remarked that they might be putting themselves in a box by referring to failing systems. He also remarked that it was true that the meaning of "repair" was not clear. He added that he was concerned where the Section stated that public sewers were available. Mr. Kimmel said that a person could be 400-500 feet yards away from the hookup, which could be costly. He mentioned that there was a certain vagueness there and if there was a situation where a septic system was a few hundred yards away and there was ledge rock the resident might appeal. He noted that the hookup could be very expensive.
Mayor Knopp commented that the existing law in the City code required essentially the same components. He stated that this Ordinance did not intend to change existing law. He read the City code that applied to the Members and noted that there was no basic change. Mayor Knopp then addressed the issue of hardship in extending the sewer and remarked that it would be the decision of the Common Council and that the neighbors could address the Council with their explanations. Mr. Kimmel interjected that he knew of some homes in Cranbury that would find it difficult to hook up because of the rock.
Mayor Knopp stated that the intent of the Ordinance was to restate an existing law and he suggested that the Members adopt the Ordinance as is and then ask Public Works or the Ordinance Committee to hold a hearing to determine how this should be done. He noted that generally they should try to get more evidence through a public hearing rather than trying to deal with the residents on the floor of the Council.
Mayor Knopp asked Mr. Miller to comment on this issue and Mr. Miller explained that there was an existing process where households could not be connected for various reasons so they needed to have something in place. Mr. Miller further explained that 25-30 households in the 8th District could not be hooked up and they currently had a process in place to handle that situation. Mr. Kimmel remarked that was good to know but he felt they should examine this issue so as not to cause undue hardship.
Mr. Miklave commented that Mr. Kimmel had suggested that Section 16 of the Ordinance was an opportunity for entities that believed they should not be paying any use fee to appeal that determination to the Authority. He stated that it was his understanding that under Section 14 the Authority should create charges and have it published under a public hearing and under Section 15 collect the amount due. He remarked that he was under the impression that it was not an opportunity for someone to look at Section 16 and seek an exemption.
Mayor Knopp stated that the intent of the legislation was that the cost of the wastewater treatment plant and sewer system was to be spread between all. He explained that it was not the general intent of Section 16 but it indicated that an appeal could be made from any class of users. Mr. Miklave interjected that under that scenario the Authority would determine if all non-for profits, not just the one appealing, would be exempt. Mayor Knopp replied that this was correct.
Mr. Krummel commented that he heartily supported the Water Pollution Control Authority and wanting the users to share in its support. He noted the hydrological report Ms. Lauricella mentioned. He stated that the Ordinance they had today did not necessarily reflect the needs of the residents since 20% of the households had private sewer systems. He went on to state that he felt it was important that they had a commitment to further study this problem after the Act had been passed. He asked that they retrieve as much information as possible so they did not harm their environment.
Mayor Knopp stated that he was in agreement and he also felt that the issue of water being pumped out should be addressed. He added that he hoped this would be included in the Committee’s considerations.
** MOTION AS AMENDED PASSED UNANIMOUSLY BY VOICE VOTE.
VII. COMMON COUNCIL COMMITTEES
E. PUBLIC WORKS COMMITTEE
Approve the sale of monthly parking permits for the Yankee Doodle Parking Garage by the Director of Public Works to allow parking during extended hours for an additional fee of Twenty-Five Dollars ($25.00) per month per permit for a short-term basis under the circumstances set out in the attached proposal.
** MR. PERONE MOVED APPROVAL OF THE ITEM.
Mayor Knopp advised that they had been meeting with the Judicial Department and devised a plan whereby the 18-19 satellite trucks would park behind the courthouse, the court employees would park in the Eagle’s fraternal parking lot and reporters in private cars or company non-satellite vehicles would park in the Yankee Doodle Garage. He stated that after Friday the City had been contacted by CNN that the regular hours of operation of the garage was not appropriate for their needs. He noted that they had requested that it be opened earlier in the morning and closed later at night. He said that the cost of the overtime to keep it open longer had been calculated and he asked the Members to authorize the City to sell the extended parking fee permits. Mayor Knopp noted that these permits would be specifically for the media and the intent was that the City would not subsidize the extra hours of operation.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
F. PUBLIC HEALTH AND WELFARE
Authorize the Mayor, Alex A. Knopp, to execute any and all documents necessary to apply for and accept Grant funds form the Southwestern Connecticut Area Agency on Aging for the Community Case Manager for the Elderly Program for the period October 1, 2001 to September 30, 2002.
Authorize the Mayor, Alex A. Knopp, to execute any and all Agreements, documents, instruments or Amendments thereto as may be necessary to implement the Community Case Manager for the Elderly Program for the period October 1, 2001 to September 30, 2002, funded in part by the above Grant.
** MS. RIVAS MOVED APPROVAL OF THE ITEM.
Ms. Rivas commented that the correction was due to the fact that they would be receiving more money from the Grant than originally expected.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
VIII. RESOLUTIONS FROM COUNCIL MEMBERS
There were none this evening.
There were none this evening.
XI. ADJOURNMENT
** MR. MANN MOVED APPROVAL TO ADJOURN THE MEETING.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
The meeting adjourned at 9:45 p.m.
Respectfully submitted,
Ann Marie DeLuca
Telesco Secretarial Services
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