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Common Council
Actions
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COMMON COUNCIL ACTION
SEPTEMBER 9, 2003
NORWALK, CONNECTICUT 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, September 9, 2003, 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
Betsy Bain Jeanette Olmstead Sawyer (8.34pm)
Kenneth Baker Christopher Perone (absent)
Fred Bondi Kevin Poruban
Carvin Hilliard Judith Rivas
Barbara Hudgins Douglas Sutton
William Krummel Peter Wien
Bruce Kimmel William Wrenn (absent)
Matthew Miklave
There were twelve (12) members present at Roll Call.
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** MR. BONDI MOVED APPROVAL OF THE MINUTES AS AMENDED:
The following correction was made to the minutes of August 26,2003:
Page six, third paragraph from the bottom, fifth line, insert the word Republican before registrar of voters.
** MOTION PASSED ELEVEN VOTES IN FAVOR, ONE ABSTENTION (MR. HILLIARD)
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No members of the public wished to speak this evening.
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Mayor Knopp announced that on Thursday, September 11, 2003 there would be a memorial service at City Hall at 12 noon. This is to not only remember the people who died on that day but also to remember the heroic actions by the men and women in the police and fire departments. He invited all members from City Hall and members of the public to attend.
Mayor Knopp also announced that on Saturday, September 13, 2003 the city will be sponsoring the Wall Street celebration day, among other things they would be cutting the ribbon to the new gym and other businesses. The Mayor listed all the fine shops and restaurants in the area, commenting that this section of town is a treasure of international cuisine.
Finally, Mayor Knopp stated that tomorrow night at 7.30 pm in the community room they would be holding the first public session of discussion with the recently hired land use planner and consultant on the future development around, what they are referring to as, the Webster Super Block. Mayor Knopp said he hoped for the same excellent public participation as they had during discussion on Wall Street.
Appointment: Robert Keyes – Zoning Commission
Mayor Knopp said that he was pleased to nominate Robert Keyes to the Zoning Commission; he said that Mr. Keyes is an attorney in town and is very active in a number of civic activities. He said there have often been comments made by Commissioners on how useful it is to have an attorney on the Zoning Commission to help in the explanation of the legal aspects. He added that Mr. Keyes will fill the roll well.
** MR. KIMMEL MOVED TO APPOINT ROBERT KEYES TO THE ZONING COMMISSION TO A TERM TO EXPIRE 07/01/05
Mr. Kimmel said he supported this and that it was long overdue because in 1998 Mr. Keyes had been nominated to a position on the Board of Estimate but as he had run for public office and lost, because of a policy in place at that time, he was not allowed to be voted onto any kind of Commission. Mr. Kimmel said this kind of action really hurt Norwalk, as there were a variety of extremely competent people who were not appointed to Commissions with this policy in place. He hoped those days were long over and they would now continue to base their appointments on a wide variety of factors. He added that Mr. Keyes is an excellent lawyer and is very active in community affairs.
Mr. Bondi said he too was happy to support this appointment, as Mr. Keyes is a good friend; he said this is a good choice and it is really great to see him being appointed to the Zoning Commission.
Mayor Knopp pointed out that Mr. Keyes is being appointed because of his standing in the community not because of his political standing. He said that he has appointed people from all political parties to hold positions on boards and agencies and would continue to do so.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
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Mayor Knopp indicated that the consent calendar may be a little complicated with the adding and substituting of Items because they are anxious that all of the new technology for schools is moved along rather than waiting to the next Council meeting. Secondly, there was an emergency item added to the agenda of the Board of Estimate and Taxation last night regarding a generator; he noted that it is in the public’s best interest to move ahead with this, thereby saving money on the rental of the temporary generator.
** MR. MIKLAVE MOVED APPROVAL OF THE FOLLOWING ITEMS TO BE INCLUDED ON THE CONSENT CALENDAR.
A. NORWALK FACILITIES CONSTRUCTION COMMISSION
1a. Authorize the adjustment of Contingency Funds for the 2003 School Roof Replacement Projects as follows:
Ponus Ridge M.S. - from $87,900 to $18,000
Nathan Hale M.S. - from $62,100 to $56,000
Naramake E.S. - from $47,160 to $40,000
Kendall E.S. - from $64,800 to $61,000
Jefferson E.S. - from $26,910 to $125,000
Wolfpit E.S. - from $59,400 to $44,000
Silvermine E.S. - from $85,500 to $15,000
Roton M.S. - from $59,190 to $12,000
1b. Authorize the NFCC to issue change orders on contracts within the adjusted contingency limits.
3. Authorize the NFCC to issue Change Order #48 on the Fusco Corporation’s contract for Brookside School Replacement Project in the amount of $32,428.00 as an increase to the Guaranteed Maximum Price (GMP). Board of Education shall proceed with Special Capital Appropriation Process for the above amount and source of funding shall be from existing Board of Education surplus capital fund.
Mr. Miklave moved consent to add the following Item to the consent calendar.
B. BOARD OF ESTIMATE & TAXATION
Mr. Miklave continued with Items to be included on the consent calendar.
VII. COMMON COUNCIL COMMITTEES
Mr. Miklave moved consent to refer the next Item back to committee.
D. PLANNING COMMITTEE
1. Authorization to seek a proposal from Michael B. Gold Associates, Inc. to prepare an update of the appraised value to Public Parcel #3 based on the approved Conceptual Site Plan as presented by Maritime Place LLC and approved by the Norwalk Redevelopment Agency and the Norwalk Common Council for Parcel #3.
Mr. Miklave continued with Items to be included on the consent calendar.
Mr. Miklave moved consent to refer the following Item back to committee.
IX. MOTIONS POSTPONED TO A SPECIFIC DATE
The following items were tabled at the meeting of August 26, 2003
VII. A. LAND USE & BUILDING MANAGEMENT COMMITTEE
3. Authorize the Purchasing Department to issue Purchase Orders to BKM Total Office for 54 computer desks for the Board of Education for a total amount not to exceed $10,953.90. Acct.#09035010-5777-C0112
Mr. Kimmel asked if Item IX. VI. A. 3 was tabled to a specific date, could it be tabled again.
Mayor Knopp said if an Item is part of the consent calendar and is approved then it is no longer available for action.
Mr. Kimmel said it would be better to table it (not to a specific date). He asked for Item IX. VI. A. 3 to be removed from the consent calendar.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
B. OTHER GENERAL COUNCIL BUSINESS
There was no other general council business this evening.
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Mayor Knopp asked if there were any objections if they took the agenda out of order. There were none.
VI. REPORTS: DEPARTMENTS, BOARDS AND COMMISSIONS
B. BOARD OF ESTIMATE & TAXATION
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mayor Knopp stated that at the Board of Estimate meeting last night, Chief Verda had reported that the department had decided that they would need a generator of a large capacity at an additional cost.
Ms. Bain said she was not opposed to this but asked for an account of the status of the contingency. Mayor Knopp noted that during last night’s meeting (Board of Estimate & Taxation) he had informed Chief Verda that he did not expect the contingency to be spent.
Ms. Olmstead-Sawyer joined the meeting at 8.34 pm.
** MOTION PASSED TWELVE (12) VOTES IN FAVOR, ONE ABSTENTION (MS. OLMSTEAD-SAWYER) BY VOICE VOTE.
VII. COMMON COUNCIL
D. PLANNING COMMITTEE
** MR. MIKLAVE MOVED APPROVAL OF THE ITEM.
Mayor Knopp indicated that Mr. Sheehan (Redevelopment Agency) and Mr. Gadello, the project manager were available to answer questions.
Mr. Sheehan stated that the Council is being asked to increase the GMP for the Maritime Garage to $14.1 million to cover both public and private items that are considered to be outside the contractor’s scope. Mr. Sheehan said the Maritime Garage project never had an owner’s contingency, which he said was a lesson learned going forward when dealing with a project of this magnitude.
Mr. Sheehan said at this point the city has no way of paying for such items as service amendments, graffiti measures and additional security items (out of scope items) that are necessary. He gave a detailed description of the out of scope items. He added that the project is currently on time and on budget in terms of the in-scope items.
Mayor Knopp confirmed that the Common Council and the Board of Estimate & Taxation had already approved a provision of funds for the ticketing area in the garage.
Mr. Miklave confirmed that (approximately) $121,000 is the private component and while they are technically adding that money, it is fully paid by the owner. Mr. Sheehan said that was correct.
Mr. Miklave confirmed that there would be no cost to the city taxpayer, whatsoever, as a result. Mr. Sheehan agreed.
Mr. Miklave said the GMP for the public component was $11,500 million and that was under the original budget; he asked just how much under budget was it.
Mr. Sheehan replied $2.2 million under the original budget, one year ago.
Mr. Miklave said they were, a year ago, $2.2 million under budget, now they are adding back about $239,000, so they are still over $2 million under the original budget that was put forward. Mr. Sheehan concurred with this statement.
Mr. Miklave asked what a normal owner’s contingency budget might be. Mr. Gadello replied, on a project of this scale, anywhere between 8-10%.
Mr. Miklave said, according to his calculations, on an $11 million public component, an additional $239,000 is less than a 2½% contingency. He asked if this was correct. Mr. Gadello said that was correct.
Mr. Miklave said regarding the punch list, he asked if the retaining walls were requested by Metro-North railroad. Mr. Gadello said that was correct and in order to properly shore up the embankment of the railroad they had to follow a specific design criteria. Mr. Miklave asked if they could have anticipated this in advance. Mr. Gadello said absolutely not.
Mr. Miklave said he understood that RCC, the contractor doing the citywide network had some suggestions on security. Mr. Gadello said that was correct.
Finally, regarding the lighting, Mr. Miklave asked if the emergency lighting had been installed originally would it have been $154,000 or less. Mr. Gadello said it would have cost them approximately $7,000 less if this had been in the original plan.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
6. Authorize the Norwalk Parking Authority, acting by and through its Chairman Urban Mulvehill, to execute an Amendment to the Developer Agreement between the Parking Authority and Maritime Place, LLC relating to the Construction of the Maritime Parking Garage in order to increase the amount for which Maritime Place LLC will be responsible under the Construction Management Contract for the Maritime Parking Garage Project. (To reflect the additional scope of work and costs associated with the increase in the GMP).
** MR. MIKLAVE MOVED APPROVAL OF THE ITEM.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
IX. MOTIONS POSTPONED TO A SPECIFIC DATE
The following items were tabled at the meeting of August 26, 2003
VII. A. LAND USE & BUILDING MANAGEMENT COMMITTEE
1. Authorize the Purchasing Department to issue Purchase orders to Corporate Computer Services Inc., Woburn Ma. for the supply and installation of 54 personal computers to the Board of Education for a total amount not to exceed $44,550.00 Acct. # 09035010-5777-C0112
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM
** MR. KRUMMEL MOVED TO AMEND THE ITEM BY SUBSTITUTING THE FOLLOWING LANGUAGE: TO AUTHORIZE THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS TO DELL COMPUTERS FOR THE SUPPLY AND INSTALLATION OF 54 FLAT PANEL, SMALL FORM FACTOR PERSONAL COMPUTERS TO THE BOARD OF EDUCATION AT A UNIT PRICE OF $830 FOR A TOTAL NOT TO EXCEED $44,820. ACCOUNT NO. 090350101-5777-C0112.
Ms. Bain stated that this is a good example of the close, working relationship between the Council and the Board of Education with the input and efforts from the IT Committee. She said they have come up with a solution that works with the best interest of the schools in mind.
Mr. Miklave asked why they are using Dell and what the impact is.
Mr. Krummel said the original request (by Corporate Computers) was for what, he described as, a conventional PC with a large monitor. He said there was some concern expressed about the energy consumption of the older, more traditional model as well as the lack of space for students with a large monitor on the desk. Mr. Krummel said with the flat panel, small form factor computer there is a savings in energy consumption as well as it being much more compact.
Mayor Knopp thanked Mr. Reichenbach for his review of all of the materials.
** MOTION (INCORPORATING THE SUBSTITUTE LANGUAGE) PASSED UNANIMOUSLY.
Mr. Miklave congratulated Mr. Poruban for his help on this.
2. Authorize the Purchasing Department to issue Purchase Orders to Corporate Computer Services Inc., Woburn, Ma. for purchase of 95 personal computers (PC) build kits for the Board of Education for a total amount not to exceed $78,375.00. Acct. #09035010-5777-C0112
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM.
** MR. KRUMMEL MOVED TO AMEND THE MOTION TO CHANGE THE QUANTITY OF THE COMPUTERS FROM 95 TO 70 AND TO CHANGE THE TOTAL AMOUNT NOT TO EXCEED FROM $78,375 TO $57,400
** THE AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE.
** MOTION AS AMENDED PASSED UNANIMOUSLY BY VOICE VOTE.
Mayor Knopp said they would like to add an Item; he suggested they suspend the rules in order to add VII. E 1 under Land Use and Building Management.
** MR. MIKLAVE MOVED TO SUSPEND THE RULES TO ADD ITEM VII. E. 1. UNDER LAND USE AND BUILDING MANAGEMENT.
** MOTION PASSED UNANIMOUSLY
VII. COMMON COUNCIL COMMITTEES (Continued)
E. LAND USE AND BUILDING MANAGEMENT
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM
Ms. Bain pointed out that the ITT Committee reviewed this process.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
VI. REPORTS: DEPARTMENT, BOARDS AND COMMISSIONS (Continued)
2. Authorize the Mayor, Alex A. Knopp, to execute an amendment to Turner Construction’s contract for Construction Management services (CMa) for 2003 School Roof Replacement Projects in the amount of $18,000.00 for reimbursable expenses. Funds for these expenses to be allocated from the various roofing project accounts.
** MR. KRUMMEL MOVED APPROVAL OF THE ITEM
Mr. Miklave recused himself and left the Common Council Chambers.
** MOTION PASSED UNANIMOUSLY BY VOICE VOTE.
Mr. Miklave re-joined the meeting.
VII. COMMON COUNCIL COMMITTEES (Continued:)
C. FINANCE COMMITTEE
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mr. Kimmel said he supported the Item and requested that members of the Common Council and Board of Estimate and Taxation be provided with the cost of maintaining the back-up system should the registrar of voters deem it necessary to have such a system.
** MOTION PASSED TWELVE VOTES IN FAVOR, ONE ABSTENTION (MR. BONDI).
IX. MOTIONS POSTPONED TO A SPECIFIC DATE (Continued)
The following items were tabled at the meeting of August 26, 2003
VI. A. BOARD OF ESTIMATE & TAXATION
3. RESOLVED, that a sum not to exceed $16,119 be and the same is hereby transferred from Contingency to the Registrar's Office to pay for an overage in the temporary and part-time wage accounts. Acct #' 01-1210-5130 & 01-1220-5140
** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
Mr. Bondi recused himself and left the Common Council Chambers.
Mr. Miklave said he opposed the approval of this Item but stated that he was not opposed to tabling it because as he understood the situation, there were members of the Common Council who had questions about this Item.
Mr. Miklave asked if this is tabled to a specific date how many votes would it take. Mayor Knopp replied that it would take a majority of the quorum.
Mr. Kimmel said his concern related to the timing of what they might eventually do; he said there are three issues/solutions, one to approve it, one to go to proceedings against one of the registrar of voters and the other is what are the consequences to the city if we do nothing at all and leave a deficit in the department's account.
** MR. KIMMEL MOVED TO TABLE THE ITEM.
** MOTION PASSED TEN VOTES IN FAVOR, TWO VOTES OPPOSED (MR. MIKLAVE AND MS. RIVAS)
Mr. Bondi re-joined the meeting.
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IX. SUSPENSION OF THE RULES
There were none this evening.
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X. ADJOURNMENT
** MR. KIMMEL MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 9.05 pm.
ATTEST: __________________________________
Pam Stark, City Clerk
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