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City of Norwalk, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City of Norwalk Common Council 4-24-1958. Amendments noted where applicable.]
The capital budget referred to in this chapter is defined as the specific portion of the capital projects program for which it is proposed to make expenditures during any fiscal year.
[Amended 5-13-2003]
In adopting this chapter, it is the intent of the Common Council to establish rules of procedure for orderly planning for the expenditure of funds for long-term capital improvement projects and procedures for implementation and oversight of capital projects, the cost of which is to be defrayed from the sale of bonds, notes or other certificates of indebtedness, until such time as some other procedure is incorporated into the Charter of the City.
The proposed five-year program of capital expenditures to which consideration shall be given by the agencies in whom that responsibility is vested, and in the manner prescribed by this chapter, shall constitute and be known as the "capital projects program."
All monies, other than for ordinary operating expenses, which shall be requested or expended for the acquisition of land or buildings and for the improvement, purchase, enlargement and development of properties of the City, including the construction or remodeling of schools, public buildings and structures of whatever nature, for highways, parks, sanitary sewers, sewage and garbage-disposal plants, drainage systems, rehabilitation of blighted areas and for machinery and other facilities having a usable expectancy of at least 10 years, for which the credit of the City shall be pledged by the issuance of bonds, notes or other certificates of indebtedness, shall be deemed to be capital budget items.
[Amended 11-27-1968]
On or before the first day of January in each year, the Common Council and the head of each department, board and agency shall submit to the Planning Commission and the Comptroller a detailed estimate of all capital projects, as defined in § 30-4, which, in the judgment of the Common Council and such head of department, should be undertaken within the five succeeding fiscal years. These estimates shall be known as "estimates for capital projects" and shall be in such form as the Comptroller shall prescribe. These estimates shall be public records and shall be open for inspection at all reasonable time.
[Amended 11-27-1968]
Following the receipt of estimates for capital projects and not later than February 1 in each year, the Comptroller shall report to the Board of Estimate and Taxation, the Common Council and the Planning Commission the amount of the expenditures requested and his estimate of the effect of such expenditures upon the current budget, and the bonded indebtedness for the succeeding years, together with his recommendations relative thereto.
[Amended 3-10-1959]
On or before February 15 in each year, the Planning Commission shall hold hearings on the proposed capital projects program for the ensuing five years, at which time the Mayor, heads of all departments, boards and agencies or their representatives, the Comptroller, members of the Board of Estimate and Taxation, and members of the Common Council may be heard in respect to estimates for each of these years. The Planning Commission may require the production of all pertinent data in respect to such estimates, including preliminary plans, sketches, layouts and surveys. The Comptroller shall render assistance to the Planning Commission in its consideration of the capital projects program and its preparation thereof. The Planning Commission shall thereupon prepare a capital budget for the ensuing fiscal year, which shall contain the capital project program items which, in its judgment, the City should undertake during that year.
[Amended 11-27-1968]
The capital budget shall thereupon, on or before March 5 of each year, be transmitted to the Mayor for his review and recommendations, but he may not include therein any new projects without first submitting them to the Planning Commission for its consideration. If the Planning Commission is opposed to such new projects, this fact shall be recorded by the Mayor when submitting his recommendations to the Board of Estimate and Taxation and the Common Council.
[Amended 11-27-1968]
The Mayor shall thereupon, on or before March 15 in each year, transmit the capital budget to the Board of Estimate and Taxation, which shall, after incorporating therein such recommendations as the Mayor, the Planning Commission and the Comptroller may make, forward the same to the Common Council, or before April 1 in each year, with an expression in writing of its judgment with respect to the amount of funds it is proposed to expend in such capital budget and the effect such expenditures will, in its opinion, have upon the operating expenses and credit of the City. The Board of Estimate may transfer from the capital budget to the operating budget all or such part of such capital items as it believes may feasibly be included in the operating budget for the ensuing year.
[Amended 11-27-1968]
Upon receipt of the recommendations of the Board of Estimate and Taxation, the Common Council may approve, reject or reduce any item in the capital budget by a vote of the majority of its members, present and voting, or may, by a vote of a majority of its members present and voting, reinstate therein any item which may have been previously disapproved. The Common Council shall thereupon approve the same as amended on or before the 15th day of April in each year, when it shall be certified to the Comptroller. Any item not rejected or reduced by the Common Council shall be deemed approved by it.
[Added 1-24-1961]
A. 
Upon adoption of the capital budget as set forth in § 30-10, the Comptroller shall notify the Norwalk Facilities Construction Commission and each department or agency of those items under such department's or agency's responsibility, together with the amount thereof which has been approved. The Norwalk Facilities Construction Commission and each department or agency shall, within 30 days after notification by the Comptroller, submit to the Comptroller a work program scheduling the expected progress of each capital budget item to completion. On the first of each month, the Comptroller shall submit to the Mayor, Common Council and Planning Commission, a report showing monies expended in the capital budget and the status of each capital budget item.
[Amended 5-13-2003]
B. 
Funds set aside for a capital budget item shall be deemed to have been allotted for that purpose only. No such allotment shall lapse until the purpose for which it was made is accomplished and completion thereof accepted by the Common Council as herein provided: such allotment is terminated or abandoned, or two fiscal years elapse without any expenditure from or encumbrance of such allotment except where such capital budget item is delayed by litigation or by action of state or federal agencies. The Comptroller shall certify to the Mayor, Common Council and Planning Commission in his monthly report any such automatic abandonment. Any capital budget item may be terminated or abandoned, provided the Mayor shall give written notice to the Planning Commission of the reason for termination or abandonment, whereupon the Planning Commission shall within 30 days after the receipt of such notice, forward its recommendations to the Common Council which shall hold a public hearing thereon. In the event of approval by the Planning Commission of the Mayor's request, a majority of the Council is required for concurrence; in the event of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval by recorded vote of not less than 2/3 of its entire membership.
C. 
Any and all unencumbered funds that constitute a surplus of funds allocated for capital budget items that have been completed, terminated or abandoned shall revert to a capital budget surplus account which shall be used to reduce the net capital budget for the succeeding year, except when such surplus funds are used to finance additional obligations as provided for in § 30-11.1.
No obligations of the City shall be authorized or expenditures made in any fiscal year for or on account of the capital budget unless such obligations or expenditures shall have been included in the capital budget as finally approved for that fiscal year, except as hereafter provided. Additional obligations may be authorized and expenditures made; provided that such obligations or expenditures shall be recommended in writing by the Mayor to the Planning Commission, which shall, within 10 days after receipt thereof, forward the same to the Common Council with its recommendations relative thereto. The Common Council may thereupon, by a majority of its members present and voting, approve, reduce or reject all or any part thereof.
[Added 1-24-1961]
Requests for additional obligations to the capital budget shall not be approved unless the request is made necessary by unforeseeable or emergency conditions. Any such request shall be accompanied by a statement from the Comptroller setting forth, first, the necessity for using capital budget funds rather than financing through operating budget and, second, his recommendations as to the most feasible and economical measures to finance such obligations either from overall surplus from any previous bond issue for capital budgets or from the issuance of notes, each of which shall be designated "bond anticipation notes" and which may be renewed from time to time through utilization of funds from capital budget items that have been terminated, abandoned or lapsed. However, all such notes of any fiscal year and any renewals thereof shall be paid from the proceeds of the next regular capital improvements bond issue.
[Amended 11-27-1968]
On or before the first day of May in each year, the Comptroller shall transmit to the Common Council and the Board of Estimate and Taxation his recommendations in respect to the most feasible and economical measures to finance the capital budget for the ensuing fiscal year. These bodies, at an appropriate time, shall adopt such resolutions as may give force and effect to the financing of such capital budget in accordance with the provisions of the Charter of the City relating thereto.
The Planning Commission and the Common Council shall each, in its discretion, hold such public hearings on the capital projects program and the capital budget as either or both of them may deem necessary to ascertain the opinion of the public on the matters under consideration. The Chairman of any such hearings shall permit such public participation in such proceedings as may, in his judgment, be necessary to impart to the Board holding such hearing information of value to it in appraising the opinion of the public in relation thereto. Nothing contained herein, expressed or implied, shall be construed as limiting the free expression of the public in relating to any subject pertinent to such hearing, to restrain such public participation as may unreasonably retard the deliberations thereof, or which may not be germane to the subject under deliberation.
[Added 1-24-1961]
All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
[Added 5-13-2003]
There is established a Norwalk Facilities Construction Commission (NFCC) charged with the implementation and oversight of capital building projects.
[Added 5-13-2003]
A. 
Members of the NFCC shall be appointed by the Mayor with the approval of the Common Council.
B. 
The NFCC shall consist of 11 members, as follows:
(1) 
The Mayor or his designee shall serve as chairman of the NFCC;
(2) 
Two members of the Common Council, one of whom shall be the Chairman of the Land Use and Building Management Committee of the Common Council and the other who shall be affiliated with a nonmajority political party or, if there is no such party represented on the Council, the second member may be any other Council member recommended by the Council;
(3) 
One member shall be the chairperson of the Board of Education's Permanent Education Specifications Committee or such other member of the Board as may be recommended by the Board of Education;
(4) 
One member shall be recommended by the Parent Teacher Organization Council of Norwalk;
(5) 
One member shall be the Chairman of the Board of Estimate and Taxation or such other member as may be recommended by the Board;
(6) 
One member shall be the Superintendent of Schools or his designee from the Central Office Staff of the Board of Education responsible for facility construction; and
(7) 
Four public members shall be electors of the City of Norwalk who shall have experience with building projects, such as construction trades, general contracting, construction management, architecture, engineering, public parking facilities and finance. No more than three of the five members who include the four public members and the one PTO Council representative shall be affiliated with the same political party.
[Added 5-13-2003]
A. 
The representative of the Parent Teacher Organization Council and two of the four public members shall be appointed for initial terms ending January 1, 2007, and two of said public members shall be appointed for initial terms ending January 1, 2006. Thereafter, the terms for these members of the Commission shall be for four years and the Mayor shall appoint, with the approval of the Common Council, each year, successors to those members whose terms expire on the succeeding January 1.
B. 
The terms of the Mayor, Common Council members, Board of Education member and Board of Estimate and Taxation member, as voting ex officio members, shall be coterminous with the terms of their office.
[Added 5-13-2003]
A. 
The NFCC shall develop a facilities construction program to implement facility policy decisions adopted by the Common Council and, as may be appropriate, by the Board of Education and Parking Authority.
B. 
The NFCC shall provide project management and oversight of those capital public building projects in Norwalk in excess of $250,000 or as designated by the Common Council including oversight of project planning and design, recommending selection of architect and construction manager or general contractor, project execution planning, status tracking for schedule and budget, reporting, project completion and closeout. Capital public building projects do not include public infrastructure improvements such as roads, bridges and drainage which shall continue to be the responsibility of the Department of Public Works.
C. 
The NFCC may establish performance standards and specifications that ensure quality construction. The NFCC shall be responsible for full life cycle cost analysis. The NFCC may establish clear performance goals and standards for architects, construction managers and other professionals providing services in connection with NFCC projects.
D. 
The NFCC shall submit any matter requiring approval by the Common Council directly to the Council agenda as if it were a committee of the Council. The Mayor shall designate one of such Common Council members to propose motions to the Common Council as authorized by the Commission.
[Added 5-13-2003]
A. 
The Mayor shall establish and appoint a Building Advisory Committee for each project and shall designate the chairman of each such committee. Each Building Advisory Committee shall advise the NFCC on user needs related to the function and the design of the project and the construction implementation schedule. Each Building Advisory Committee shall remain in existence until the completion of the construction project.
B. 
The membership of each such Building Advisory Committee for a City project shall consist of the following:
(1) 
One member of the Common Council representing the district in which the City project is located or an at-large member if the project involves more than one district;
(2) 
One member of the City Department that will occupy or use the building; and
(3) 
At least three members of the public knowledgeable about the purpose of the building or having construction experience.
C. 
The membership of each such Building Advisory Committee for an individual school building project shall consist of the following:
(1) 
One member of the Common Council representing the district in which the school project is located;
(2) 
One member of the Norwalk Board of Education recommended by the Chairman of the Board of Education;
(3) 
Two members such as the principal or principal's designee of said school and from the faculty or staff of said school as recommended by the Superintendent of Schools; and
(4) 
Three members recommended by the Parent Teacher Organization Council of said school and approved by the Board of Education.
D. 
The Mayor shall designate a representative from the NFCC for each such Building Advisory Committee.
E. 
The Ad Hoc Advisory or Building Advisory Committees currently in existence for Brookside Elementary School, West Rocks Middle School, Brien McMahon High School, the School Roofs Project, the Norwalk Police Station and the Oak Hills Park Restaurant shall continue to serve as and shall be designated as Building Advisory Committees pursuant to this section for their respective capital building projects.
[Added 5-13-2003]
A. 
The NFCC may request through the Mayor the assistance of public officials or City employees in matters such as purchasing, legal, security, public works, building and public safety in carrying out its duties.
B. 
The NFCC after a competitive proposal process shall recommend a construction program management firm to the Mayor and Common Council to be responsible for the day-to-day implementation and oversight of the facilities construction program and staffing for the NFCC.
C. 
The NFCC shall have a separate line item in the City operating budget and, if needed, in the City capital budget, and may submit requests for capital funds through the City's capital budget process.
D. 
Norwalk Facilities Construction Commission Operations.
(1) 
The NFCC shall meet at least monthly and at such other times as it deems necessary.
(2) 
The NFCC shall provide a standardized monthly report to the Mayor and Common Council regarding the status of all ongoing capital building projects, and shall provide a monthly report to the Board of Education on the status of all school building projects. Such reports shall be public documents.
(3) 
The NFCC shall develop polices and practices for facility planning, facility management and utility conservation to control operating costs.
[Added 5-13-2003]
A. 
The NFCC is hereby designated and shall serve as the Norwalk School Building Committee and shall have all such power and authority as may be necessary to properly perform and discharge its responsibilities and obligations pursuant to the Connecticut General Statutes.
B. 
The NFCC shall commence service as the Norwalk School Building Committee as of August 1, 2003.
[Added 5-13-2003]
This chapter shall take effect pursuant to § 1-193 of the Charter of the City of Norwalk.