COMMON COUNCIL DECEMBER 11, 2018

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COMMON COUNCIL DECEMBER 11, 2018 NORWALK, CONNECTICUT 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 Mayor Rilling called the meeting to order at 7:30 p.m. and led the Assembly in reciting the Pledge of Allegiance. Ms. King read the notice stating that the meeting was being audio recorded and videotaped with subtitles for public broadcast. She asked everyone to speak clearly, one at a time, into the microphone and said that assisted listening devices were available I. ROLL CALL Ms. King called the Roll. The following members were present: Council at Large: Mr. Gregory Burnett Mr. Nicholas Sacchinelli Mr. Michael Corsello Mr. Douglas Stern Ms. Barbara Smyth District A: Ms. Eloisa Melendez Mr. Chris Yerinides District B: Mr. Ernest Dumas Mr. Travis Simms (7:31 p.m.) District C: Mr. John Kydes Ms. Beth Siegelbaum District D: Mr. Douglas Hempstead Mr. George Tsiranides District E: Mr. John Igneri Mr. Thomas Livingston At Roll Call there were fourteen (14) members present and one (1) absent (Mr. Simms) Also present were Mayor Harry Rilling; Corporation Counsel, Mario Coppola and City Clerk, Donna King. Page 1

II. ACCEPTANCE OF MINUTES Regular Meeting: November 27, 2018 Mr. Simms joined the meeting at 7:31 p.m. ** MR. IGNERI MOVED TO ACCEPT THE MINUTES AS PRESENTED ** MOTION PASSED WITH ONE (1) ABSTENTION (MR. CORSELLO) III. PUBLIC PARTICIPATION Public participation comments are not verbatim and represent a summarization of statements unless otherwise noted. Mr. Dick Brecia spoke in support of the Chief of Economic and Community Development candidate, Jessica Casey. He said the hiring committee members were very impressed with her and feels she will do an outstanding job. Mr. John Romano expressed concerns by the Shellfish and Harbor Management Commission regarding Ms. Prosi Johnson s contract. He said that they were not consulted by her because it is not in her contract. Mr. Romano said they need someone who will advocate for the City to put safeguards in place. He added that the Water Quality Committee needs support and resources. Mr. Romano requested that the table the extension of Ms. Prosi Johnson s contract and to bring members of the Harbor Management and Shellfish Commission together for further discussions. Mr. Romano said her contract should be renewed, but not before questions are answered. IV. MAYOR A. RESIGNATIONS AND APPOINTMENTS RESIGNATIONS: APPOINTMENTS: REAPPOINTMENTS: Page 2

MAYOR S REMARKS: Mayor Rilling urged everyone to attend the Poinsettia Concert at Brien McMahon High School on December 18 th and the Candlelight Concert at Norwalk High School on December 19 th. He said that everyone will be amazed by the talented students at both high schools. Mayor Rilling said he attended an event at the St. Ann s Club where they hosted Wreaths Across America. In addition, they donated $1,000 to the cause. He thanked Wreathes Across America for honoring our Veterans. Mayor Rilling thanked Mr. Burnett, Mr. Dumas and Ms. Siegelbaum for joining him in the Ringing of the Bells for the Salvation Army at Stop and Shop on Main Avenue. Mayor Rilling announced the departure of two members. After nearly 10 years on the, Mr. Simms will now represent the 140th District in the State Legislature. Mr. Stern will serve as the Wilton/Norwalk Probate Judge. Mayor Rilling wished them both well. Mr. Livingston added these thanks to Mr. Simms and Mr. Stern. A. GENERAL COUNCIL BUSINESS: V. COUNCIL PRESIDENT Mr. Livingston announced that the next meeting, scheduled for December 25 th was cancelled. He wished everyone a Merry Christmas and a Happy Holiday. RESIGNATIONS AND APPOINTMENTS RESIGNATIONS: APPOINTMENTS: Lori Torrano, Ethics Board ** MR. HEMPSTEAD MOVED TO APPROVE THE APPOINTMENT OF MS. TORRANO TO THE ETHICS BOARD Mr. Hempstead spoke in support of the appointment and noted Ms. Torrano served 10 years on the Redevelopment Agency. Mr. Kydes echoed Mr. Hempstead s comments and added that she did an excellent job. ** MOTION PASSED UNANIMOUSLY Page 3

REAPPOINTMENTS: B. CONSENT CALENDAR: Mr. Stern said it was a privilege to serve on this. He said that over the last year, he learned so much form every single person and that everyone here earned his respect and affection. ** MR. STERN MOVED THE FOLLOWING CONSENT CALENDAR: CORPORATION COUNSEL VI.A.1 HEALTH, WELFARE AND PUBLIC SAFETY VII.B.2a, VII.B.2b, VII.B.3a, VII.B.3b PUBLIC WORKS VII.C.1, VII.C.2, VII.C.4, VII.C.5, VII.C.6, VII.C.7, VII.C.8, VII.C.9, VII.C.10, VII.C.11 LAND USE AND BUILDING MANAGEMENT VII.E.1a, VII.E.1b VI. REPORTS: DEPARTMENTS, BOARDS AND COMMISSIONS A. CORPORATION COUNSEL 1. AUTHORIZATION FOR DISCUSSION: NANCIE ROTH NATALE V. CITY OF NORWALK EXECUTIVE SESSION VII. COMMON COUNCIL COMMITTEES B. HEALTH, WELFARE AND PUBLIC SAFETY COMMITTEE 2A. AUTHORIZE THE MAYOR, HARRY A. RILLING, TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE STATE OF CONNECTICUT FOR THE LEAD POISONING PREVENTION PROGRAM FOR THE PERIOD NOVEMBER 5, 2018 THROUGH SEPTEMBER 29, 2019. Page 4

2B. AUTHORIZE THE MAYOR, HARRY A. RILLING, TO EXECUTE ANY AND ALL AGREEMENTS, DOCUMENTS, INSTRUMENTS OR AMENDMENTS AS MAY BE NECESSARY TO IMPLEMENT THE LEAD POISONING PREVENTION PROGRAM FOR THE PERIOD NOVEMBER 5, 2018 THROUGH SEPTEMBER 29, 2019. 3A. AUTHORIZE THE MAYOR, HARRY W. RILLING TO EXECUTE ANY AND ALL AGREEMENTS, DOCUMENTS, INSTRUMENTS AND AMENDMENTS NECESSARY TO REQUEST AND ACCEPT GRANT FUNDS UNDER THE OFFICE OF POLICY AND MANAGEMENT 2019 JAG LOCAL VIOLENT CRIME PREVENTION PROGRAM IN THE AMOUNT OF $12,988.64. 3B. AUTHORIZE THE POLICE CHIEF, THOMAS KULHAWIK, TO EXECUTE ANY AND ALL AGREEMENTS, DOCUMENTS, INSTRUMENTS, AND AMENDMENTS THERETO AS MAY BE NECESSARY TO IMPLEMENT ALL PROGRAMS THROUGH THE STATE OF CONNECTICUT OFFICE OF POLICY AND MANAGEMENT 2019 JAG LOCAL VIOLENT CRIME PREVENTION PROGRAM, PURSUANT TO SUCH GRANT FUNDING. C. PUBLIC WORKS COMMITTEE 1. APPROVE THE FOURTH TAXING DISTRICT PROPERTY EXTENSIONS THROUGH SEPTEMBER 30, 2018 AS PER THE LIST DATED OCTOBER 24, 2018. 2. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE A 2ND AMENDMENT WITH THE NORWALK TRANSIT DISTRICT FOR DESIGN PLANS BY STANTEC, INC. FOR STATE PROJECT 102-350 NORWALK RIVER VALLEY TRAIL PHASE 2 FOR AN AMOUNT NOT TO EXCEED $9,800 (SCOPE OF SERVICES DATED NOVEMBER 14, 2018 ATTACHED). ACCOUNT NO. 09 16 4021 5777 C0407 4. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NORWALK AND FREEMAN COMPANIES, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE INSPECTION AND EVALUATION OF CITY- OWNED BRIDGES 20 FEET OR LESS IN LENGTH, FOR A SUM NOT TO EXCEED $251,200.00. ACCOUNT NO. Page 5 09 06 4021 5777 C0315

09 09 4021 5777 C0315 09 14 4021 5777 C0315 5. ACKNOWLEDGE THE RECEIPT OF THE APPLICATION FOR THE ABANDONMENT/DISCONTINUANCE OF A PORTION OF STEVENS STREET BEGINNING AT THE EASTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 340 WEST AVENUE (TAX LOT 1-8-15-0) AND HEADING WEST TO THE WESTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 350 WEST AVENUE (TAX LOT 1-8-39-0) AS DEPICTED ON A MAP PREPARED BY RYAN AND FAULDS LAND SURVEYORS, A REDNISS & MEAD COMPANY ENTITLED PROPERTY SURVEY ABANDONMENT MAP OF A PORTION OF STEVENS STREET, NORWALK, CONNECTICUT, DATED OCTOBER 4, 2018, AT A SCALE OF 1 = 20 ON FILE IN THE DEPARTMENT OF PUBLIC WORKS INDICATING SAID PORTION OF STEVENS STREET TO BE ABANDONED AND INCORPORATED INTO THE EXISTING CITY PROPERTIES LOCATED AT 340 WEST AVENUE AND 350 WEST AVENUE. 6. SCHEDULE A PUBLIC HEARING OF NECESSITY FOR THE ABANDONMENT/DISCONTINUANCE OF A PORTION OF STEVENS STREET BEGINNING AT THE EASTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 340 WEST AVENUE (TAX LOT 1-8-15-0) AND HEADING WEST TO THE WESTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 350 WEST AVENUE (TAX LOT 1-8-39-0) AS DEPICTED ON A MAP PREPARED BY RYAN AND FAULDS LAND SURVEYORS, A REDNISS & MEAD COMPANY ENTITLED PROPERTY SURVEY ABANDONMENT MAP OF A PORTION OF STEVENS STREET, NORWALK, CONNECTICUT, DATED OCTOBER 4, 2018, AT A SCALE OF 1 = 20 ON FILE IN THE DEPARTMENT OF PUBLIC WORKS INDICATING SAID PORTION OF STEVENS STREET TO BE ABANDONED AND INCORPORATED INTO THE EXISTING CITY PROPERTIES LOCATED AT 340 WEST AVENUE AND 350 WEST AVENUE. THE PUBLIC HEARING OF NECESSITY SHALL BE CONDUCTED IN ORDER TO HEAR ALL PARTIES INTERESTED IN COMMENTING ON THE NECESSITY OF THE PROPOSED ABANDONMENT AND TO TAKE SUCH ACTION ON SAID APPLICATION FOR ABANDONMENT THAT THE COMMITTEE MAY DEEM ADVISABLE. THE PUBLIC HEARING IS SCHEDULED FOR THE JANUARY 2019 PUBLIC WORKS COMMITTEE MEETING (DATE TO BE DETERMINED AND ADVERTISED) AT 7:00 P.M. IN ROOM 225, 2ND FLOOR IN NORWALK CITY HALL, 125 EAST AVENUE, NORWALK, CT. Page 6

7. REFER THE ABANDONMENT/DISCONTINUANCE OF A PORTION OF STEVENS STREET BEGINNING AT THE EASTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 340 WEST AVENUE (TAX LOT 1-8-15-0) AND HEADING WEST TO THE WESTERLY BOUNDARY OF THE CITY PROPERTY LOCATED AT 350 WEST AVENUE (TAX LOT 1-8-39-0) AS DEPICTED ON A MAP PREPARED BY RYAN AND FAULDS LAND SURVEYORS, A REDNISS & MEAD COMPANY ENTITLED PROPERTY SURVEY ABANDONMENT MAP OF A PORTION OF STEVENS STREET, NORWALK, CONNECTICUT, DATED OCTOBER 4, 2018, AT A SCALE OF 1 = 20 ON FILE IN THE DEPARTMENT OF PUBLIC WORKS INDICATING SAID PORTION OF STEVENS STREET TO BE ABANDONED AND INCORPORATED INTO THE EXISTING CITY PROPERTIES LOCATED AT 340 WEST AVENUE AND 350 WEST AVENUE TO THE PLANNING COMMISSION FOR A CGS 8-24 REVIEW. 8. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AMENDMENT TO THE VANASSE HANGEN BRUSTLIN, INC. (VHB) CONTRACT TO PROVIDE PLANT AND FIELD TESTING, CORING, ASSET MANAGEMENT RESURVEY, AND ADMINISTRATIVE REPORTING FOR PROJECT PM2018-1 PAVEMENT MANAGEMENT PROGRAM, FOR A SUM NOT TO EXCEED $60,000.00. ACCOUNT NO. 09 18 4021 5777 C0021 9. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NORWALK AND AECOM, FOR ON-CALL ENGINEERING AND INFRASTRUCTURE INSPECTIONS ON AN AS-NEEDED BASIS IN AN AMOUNT NOT TO EXCEED $20,000.00. ACCOUNT NO. 100002365 ACCOUNT NO. 09 14 4021 5777 C0315 ACCOUNT NO. 09 16 4021 5777 C0232 10. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AGREEMENT WITH TIGHE & BOND FOR LOCKWOOD MATTHEWS MANSION WATER MAIN REPLACEMENT AND FIRE SERVICE IN ACCORDANCE WITH THE PROPOSAL DATED NOVEMBER 21, 2018 IN THE AMOUNT NOT TO EXCEED $15,500. ACCOUNT NO. 09 17 6310 5777 C0132 (HISTORICAL COMMISSION) 01 40 30 5258 Page 7

11. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NORWALK AND CONSTRUCTION SOLUTIONS GROUP, LLC (CGS), FOR OWNER S REPRESENTATIVE SERVICES RELATED TO THE FUNCTIONAL REPLACEMENT OF THE MARITIME AQUARIUM PROJECT IN AN AMOUNT NOT TO EXCEED $135,000.00. ACCOUNT NO. 100% STATE FUNDED PER ADMINISTRATIVE SETTLEMENT AGREEMENT E. LAND USE AND BUILDING MANAGEMENT COMMITTEE 1A. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AGREEMENT WITH A-PREFERRED CONSTRUCTION, LLC FOR PHASE I OF THE BEN FRANKLIN CENTER ROOF REPLACEMENT PROJECT FOR A TOTAL NOT TO EXCEED $186,550.00. FUNDS ARE AVAILABLE FROM ACCOUNT #09197100 5777 C0295 AND #09197100 5777 C0476 1B. AUTHORIZE THE OFFICE OF BUILDING MANAGEMENT TO ISSUE CHANGE ORDERS ON THE CONTRACT FOR A TOTAL NOT TO EXCEED $18,655.00 ** MOTION PASSED UNANIMOUSLY VII. COMMON COUNCIL COMMITTEES A. RECREATION, PARKS AND CULTURAL AFFAIRS COMMITTEE ** MR. CORSELLO MOVED THE FOLLOWING ITEM: 1. APPROVE THE 2019 2020 DEPARTMENT OF RECREATION AND PARKS FACILITY USAGE AND PARK FEES. Mr. Corsello explained that the staff reviewed the fees and found they were outdated. A public hearing was held. As a result, they are requesting very modest increases for intown residents and increases for out of town residents. The parks are in very good condition and these rates help keep the parks accessible to residents. Mr. Kydes said the parks are in excellent condition and all the credit goes to the staff and their leadership. With all the improvements, there are complaints about non-residents creating over-crowding at the beach. They will now pay higher premiums to use the beach and parks. Page 8

** MOTION PASSED UNANIMOUSLY B. HEALTH, WELFARE AND PUBLIC SAFETY COMMITTEE ** MR. SACCHINELLI MOVED TO APPROVE THE FOLLOWING ITEM: 1. APPROVE THE HEALTH DEPARTMENT FEE SCHEDULE AS SET BY THE DIRECTOR OF HEALTH WITH THE CONCURRENCE OF THE BOARD OF HEALTH AT THEIR NOVEMBER 28, 2018 MEETING. Ms. D Amore described the new charges to take effect on January 1, 2019. The fees will be based on the class of the food establishment. The adjusted fees will reflect the new classification. ** MOTION PASSED UNANIMOUSLY C. PUBLIC WORKS ** MR. IGNERI MOVED TO APPROVE THE FOLLOWING ITEM: 3. AUTHORIZE THE MAYOR, HARRY W. RILLING, TO EXECUTE AN AMENDMENT TO EXTEND THE EXISTING AGREEMENT WITH SUSAN PROSI JOHNSON, DATED DECEMBER 15, 2017, FOR THE PROVISION OF CONSULTANT SERVICES FOR WALK BRIDGE PROGRAM MANAGEMENT FOR A PERIOD OF ONE (1) YEAR THROUGH DECEMBER 14, 2019 WITH THE OPTION OF TWO ONE YEAR RENEWALS WHEREBY EACH ONE YEAR RENEWAL SHALL BE SUBJECT TO BUDGET AVAILABILITY AND ADDITIONAL APPROVAL BY THE COMMON COUNCIL. ACCOUNT NO. 01 40 30 5258 Mr. Igneri spoke in support of the item and said Mr. Prosi Johnson works tirelessly to help the City get a better handle on the construction of the Walk Bridge. She works to keep the Mayor, Public Works and the staff informed; there is a lot of work to be done. Mr. Hempstead said this item should go back to committee because there are some deficiencies in the contract. There is no requirement for periodic reports in the contract. He asked who is the City, as referred to in the contract. Mr. Coppola said she takes direction from Public Works. Ms. L. King said Ms. Prosi Johnson reports to her. She noted that Ms. Prosi Johnson responds to each request for updates and said that she will ensure there will be quarterly updates. Page 9

Ms. L. King said Ms. Prosi Johnson is very valuable due to all the information coming in. She has been to over 160 meetings and is an invaluable resource to the City. Mayor Rilling added that Ms. L. King meets with Ms. Prosi Johnson on a weekly basis. Ms. Prosi Johnson said the staff is very gracious in meeting with her. She gave an overview of her responsibilities and her involvement in various projects related to the Walk Bridge. Mr. Hempstead asked about the lack of specifics for deliverables in the contract. He said he would like to see quarterly reports and meetings with the commissions impacted by the Walk Bridge project. He added that he would like to send this item back to committee. Mr. Livingston said he spoke with Ms. Prosi Johnson and she agreed to make a presentation to the full. He said this contract has been in place for a year and it is working. If not, it can be terminated in 30 days. Ms. Prosi Johnson said she responded to correspondence and noted that water quality is critical to the community and the shellfish industry. She said she tries to attend meetings such as the State of the Harbor meeting. She has also spoken with the Conservation official to be sure she is apprised of what is going on. Ms. Prosi Johnson said she encourages Eversource to follow regulatory requirements regarding the Shellfish and Harbor Management Commissions. Ms. Prosi Johnson reviewed steps she has taken to become more educated and informed. Mr. Igneri asked Mr. Hempstead if he as agreeable to changing item two in the contract to read - will provide quarterly written reports to the Public Works department Mr. Coppola revised that to read - will provide quarterly written reports to the Public Works Committee and other reports as requested by the from time to time related to the Walk Bridge. Mayor Rilling said if any members have any questions that come from their constituents, they can direct them to Ms. L. King. The quarterly report would be best provided to the Public Works Committee and they can share that report with the rest of the. That report would be a synapsis of what took place over the quarter. Mr. Coppola will provide appropriate language for the amendment to the contract. ** MR. IGNERI MOVED TO AMEND THE CONTRACT TO REVISE ITEM THREE IN THE CONTRACT WITH LANGUAGE PROVIDED BY MR. COPPOLA ** MOTION PASSED UNANIMOUSLY Page 10

** MR. HEMPSTEAD MOVED TO AMEND THE CONTRACT RENEWAL SUBJECT TO BUDGET AVAILABILITY AND COMMON COUNCIL APPROVAL FOR TWO (1) ONE (1) YEAR EXTENSIONS ** MOTION PASSED WITH ONE (1) VOTE IN OPPOSITION (MR. CORSELLO) ** MOTION AS AMENDED PASSED UNANIMOUSLY D. PERSONNEL COMMITTEE ** MS. SMYTH MOVED TO APPROVE THE FOLLOWING ITEM: 1. APPROVAL OF AND VOTE ON CHIEF OF ECONOMIC AND COMMUNITY DEVELOPMENT CANDIDATE, JESSICA CASEY. Ms. Smyth reported that the hiring committee was extremely impressed by Ms. Casey s resume. She seems to have great vision and will bring grants to the City. Mr. Livingston said he had the opportunity to meet with Ms. Casey and said Norwalk would be fortunate to have her. He highly recommended her for this position. Mr. Hempstead said this item should have been discussed in committee. He asked about the salary. Mr. Burney said Ms. Casey was offered an annual salary of $155,000 and she accepted. Mr. Hempstead said no opinions were asked for and this was rushed to the floor. The first he heard of this was last week. He said he would oppose this item because it should have gone to committee. Mayor Rilling explained that the process has been the same for several years. Mayor Rilling invited Ms. Casey to come forward to answer any questions from the members of the. Ms. Casey gave an overview of her thoughts on the position. She said she was very appreciative of this opportunity and gave an overview of her current position. She said she is passionate about what she does. She knows that different departments will report to this position and this role will help everyone go in the same direction. ** MOTION PASSED WITH THREE (3) VOTES IN OPPOSITION (MR. DUMAS; MR. HEMPSTEAD AND MR. SIMMS) Page 11

Mr. Simms said he wanted to address the. He said that it has been a tremendous and humbling experience to serve on the. Mr. Simms said he looks forward to continuing to serve the residents. Mayor Rilling wished everyone a Merry Christmas and a Happy Holiday season and a Happy New Year. VIII. RESOLUTIONS FROM COMMON COUNCIL IX. MOTIONS POSTPONED TO A SPECIFIC DATE X. SUSPENSION OF RULES XI. ADJOURNMENT ** MR. IGNERI MOVED TO ADJOURN ** MOTION PASSED UNANIMOUSLY There was no further business and the meeting was unanimously adjourned at 8:47 p.m. ATTEST: Donna King, City Clerk Page 12