741 Colonel Ledyard Highway

Ledyard, Connecticut 06339-1551

(860) 464-3203

TOWN OF LEDYARD

Town Council

council@ledyardct.org

Meeting Minutes

Chairman S. Naomi

Rodriguez

Public Hearing - Hybrid Format

Wednesday, October 23, 2024

6:30 PM

Town Hall Council Chambers

In-Person: Council Chambers Town Hall Annex

Remote: Information noted below:

Please Join the meeting from your Computer, Smart Phone, or Tablet:

https://us06web.zoom.us/j/89570222437?

pwd=jqdKLxXWCgbGwKoRT2ZkPDpDExviq2.1

or by audio only dial: +1 646 558 8656 Meeting ID: 895 7022 2437; Passcode: 976381

CALL TO ORDER

Chairman Rodriguez called to order the Public Hearing at 6:30 p.m. regarding proposed

amendments to Ordinance #100-015 (rev.1) “An Ordinance Establishing a

Permanent Municipal Building Committee for the Town of Ledyard”.

II.

PLEDGE OF ALLEGIANCE

III.

PROCEDURE OF THE PUBLIC HEARING

Chairman Rodriguez welcomed all to the Hybrid Meeting. She stated for the

members of the Town Council and the Public who were participating via video

conference that the remote meeting information was available on the Agenda that

was posted on the Town’s Website - Granicus-Legistar Meeting Portal.

Chairman Rodriguez asked those attending remotely to put their name and address

in the “Chat” and that they would be called upon during the Public Comment

portion of tonight’s meeting.

IV.

CALL OF THE PUBLIC HEARING

The following call of the Public Hearing was read by Town Council Administrative

Assistant Roxanne M. Maher:

LEGAL NOTICE

TOWN OF LEDYARD

NOTICE OF PUBLIC HEARING

The Ledyard Town Council will conduct a Hybrid Format Public Hearing

(In-Person & Video Conference)

on Wednesday, October 23, 2024 at 6:30 p.m.

to receive comments/recommendations regarding proposed Amendments to

Ordinance #100-015 (rev.1)

“An Ordinance Establishing a Permanent Municipal Building Committee for the Town of

Ledyard”

Please join the Public Hearing in-person or remotely as follows:

In-person attendance will be at the

Council Chambers, Town Hall Annex Building

741 Colonel Ledyard Highway, Ledyard, Connecticut

Please join the video conference meeting from your computer, tablet, or smartphone at:

<https://us06web.zoom.us/j/89570222437?

pwd=jqdKLxXWCgbGwKoRT2ZkPDpDExviq2.1>

or by audio only dial: +1 646 558 8656 Meeting ID: 895 7022 2437; Passcode: 976381

At this hearing interested persons may appear and be heard and written

communications will be accepted at towncouncil@ledyardct.org

<mailto:towncouncil@ledyardct.org>.

Dated at Ledyard, Connecticut this 10th day of October, 2024.

For the Ledyard Town Council

s/s S. Naomi Rodriguez, Chairman

Please Publish on Monday, October 14, 2024

MOTION to adopt proposed Amendments to Ordinance #100-015 (rev.1) "An Ordinance

Establishing a Permanent Municipal Building Committee for the Town of Ledyard" as

presented in the draft dated September 11, 2024.

PRESENTATIONS

Chairman Rodriguez noted that Councilor Garcia-Irizarry would present the proposed

Ordinance Amendments.

Councilor Garcia-Irizarry noted that Ordinance #100-015 (rev.1) “An Ordinance

Establishing a Permanent Municipal Building Committee for the Town of Ledyard”

was being amended to provide language for the hiring of an Owners Representative

or Consulting Engineer for Projects exceeding $500,000. The intent of this provision

was to provide support and oversight of the process and to review the activities on a

daily basis, working in conjunction with the volunteer members of the Permanent

Municipal Building Committee (PMBC). She explained by having professionals

regularly on the construction site would help to ensure that timelines were followed,

and to enable problems that arise to be addressed and adjudicated in a timely fashion.

In addition, the amendments provided additional clarification.

DRAFT 9/11/2024

Ordinance # 100-015 (rev.1)

AN ORDINANCE ESTABLISHING

A PERMANENT MUNICIPAL BUILDING COMMITTEE

FOR THE TOWN OF LEDYARD

Be it ordained by the Town Council of the Town of Ledyard

Section 1. Authority

Pursuant to Chapter IV, Section 7 of the Town Charter, a Permanent Municipal

Building Committee is hereby established.

Section 2. Purpose

The Permanent Municipal Building Committee shall have continued

responsibility for the execution of major select construction and maintenance projects

for the Town of Ledyard as assigned by the Town Council. The Permanent

Municipal Building Committee will oversee and supervise the design, construction,

renovation, demolition and removal of Town and Board of Education buildings that

fall within the approved budget, as well as any significant installation, renovation or

upgrade of service equipment and major systems as provided herein.

The Permanent Municipal Building Committee may have responsibility for the

execution of buildings or infrastructure projects associated with the provisions of

water and/or sewer, if deemed appropriate by the Town Council.

For projects whose total project cost is estimated to exceed $500,000, an

Owner’s Representative and/or Consulting Engineer shall be hired through a

quality-based selection process to assist the Permanent Municipal Building

Committee with management and oversight of such project(s). The Owner’s

Representative or Consulting Engineer shall not have authority to make decisions,

approvals, or otherwise act on behalf of the Permanent Building Committee unless

specifically

designated to do so by contract. The Owner’s Representative or Consulting

Engineer shall be required to have the requisite experience, knowledge,

qualifications, personnel and capacity necessary to manage such a project.

The selection of an Owner’s Representative or Consulting Engineer shall

be publicly advertised through a Request for Proposal to solicit proposals from

interested parties. The Request for Proposal shall provide a clear scope of services

that specifies the roles and responsibilities of the Owner’s Representative or

Consulting Engineer. Where possible, it shall clearly specify the level of oversight

during construction so that proposals from multiple firms can be clearly leveled

during the evaluation process.

The selection of the Owner’s Representative or Consulting Engineer shall be

awarded to the firm that provides the best value to the Town of Ledyard. The best

value is defined as the firm providing the highest quality, expertise, and knowledge

for the proposed project. This shall also include the quality of referrals from a

minimum of three references provided by the proposers. It shall also consider the

fee for the work; however, the fee shall not be the sole basis for award.

When a project involves the purchase of replacement equipment costing

more than $500,000, a waiver to bypass the solicitation of bids for the engagement

of an Owner’s Representative or Consulting Engineer may be approved by the

Town Council; as requested by the Permanent Municipal Building Committee

prior to purchase and installation of the equipment.

The Permanent Municipal Building Committee shall comply with provisions

provided in Ordinance 200-001 (rev.1) (An Ordinance for Purchasing) with regard

to the competitive bid process; and shall interview a minimum of two firms prior to

selection. Should only one firm be determined qualified to perform such work, the

Permanent Municipal Building Committee may request a waiver for such a

requirement should the firm’s proposal be reasonable for the proposed scope of

work The Permanent Municipal Building Committee shall make a written

recommendation to the Town Council for the award of such services. The

recommendation shall include a summary of proposers, a weighed ranking sheet

for the selection, and reasons why the Permanent Municipal Building Committee

is recommending such a firm. The final decision of award will lie with the Town

Council. The Town Council possesses the authority to reject the recommendation

and refer it back to the Permanent Municipal Building Committee for further

action relative to making another recommendation for the award of such services

in the best interest of the Town of Ledyard.

Where external funding sources are used to fund the project, such

requirements of the funding authority shall apply to the selection process as well.

Where conflicts occur between this ordinance and the funding authority’s

requirements, the most stringent requirement(s) shall be applicable as determined

by Mayor or their designee.

The Requests for Proposals for Owner’s Representatives or Consulting

Engineers is subject to review by the Town Director of Finance. The Director of

Finance is responsible for ensuring that all required local and state purchasing

requirements are met and that all insurance requirements are included in the

Request for Proposal.

From time to time, the Permanent Municipal Building Committee may be asked

to undertake certain studies or projects by the Town Council. In case of multiple

projects, the Town Council may form a separate building committee for a particular

project.

Section 3. Membership

The Permanent Municipal Building Committee shall consist of the following

members appointed by the Town Council:

Regular Members: Five (5). These members, to the extent possible, shall include

those with experience in finance, engineering, architecture, project management, or

the building trades. They shall be appointed by the Town Council for a term of three

(3) years.

Temporary Members: For each municipal project, up to two (2) temporary

members who are a member or representative of the Proposing Body shall be

appointed by the Town Council.

For Board of Education projects, at least one of their two temporary members

shall be the a Board of Education Chairman or their designee member. Board of

Education Temporary Members shall be appointed by the Town Council.

Temporary Members shall serve for the term of the project they have been

appointed for.

Temporary members shall have the right to vote on the activities of the

Permanent Municipal Building Committee only with respect to the particular project

for which such members were appointed.

Ex-Officio Members: The Town Finance Director, Public Works Director, Board

of Education Business Manager and/or his designee, Board of Education Director of

Facilities and Grounds, Town Engineering Technician, Town Planner and the

Permanent Municipal Building Committee’s Town Council Liaison shall be

non-voting ex-officio members.

Quorum: A quorum shall consist of a majority of Regular voting members.

Section 4. Terms of appointment

Regular members shall be appointed by the Town Council for a term of three (3)

years. Members shall commence to serve their terms immediately upon appointment

and shall serve until their successor has qualified or they have been reappointed or

removed by the Town Council.

Any vacancy in the Permanent Municipal Building Committee other than by

expiration of term shall be filled for the unexpired portion of the term by the Town

Council. The Town Council may remove members for cause and fill the vacancy per

Chapter IV, Section 6 of the Town Charter.

Cause for removal shall include, but is not limited to, unexcused absence

from three (3) consecutive regular meetings and any intervening duly called special

meeting.

Any member of the Permanent Municipal Building Committee who is absent

from three (3) consecutive regular meetings and any intervening duly called special

meetings shall be considered to have resigned from the Permanent Municipal

Building Committee. The vacancy shall be filled as herein before provided.

Additionally, the Permanent Municipal Building Committee may vote to waive the

requirements of this section in each case where illness or other extenuating

circumstances make it impossible for a member to meet the attendance requirements

of this action.

It shall be the responsibility of the Chairman of the Permanent Municipal

Building Committee to notify the Town Council when a member has not properly

performed his duties.

Annually, the regular members of the Permanent Municipal Building Committee

shall elect a Chairman, Vice Chairman and Secretary. Any vacancy in any such

office shall be filled by the Permanent Municipal Building Committee from its

regular membership.

Section 5. Powers and Duties

The Permanent Municipal Building Committee is authorized to develop design

plans and drawings for municipal building projects directed by the Town Council,

primarily in accordance with the Town’s Capital Improvements Projects List.

The Permanent Municipal Building Committee is authorized to recommend to

the Mayor to retain the services of architects and/or engineers for the purpose of

planning, designing, building and administrating major capital projects. The

process shall utilize a quality-based selection similar to that outlined in Section 2

for the Owner’s Representative or Consulting Engineer. Such selection shall be

based on experience, knowledge, capacity and expertise as well as the fee for

performing such work.

The Permanent Municipal Building Committee is authorized to interview

architects and/or engineers for the purpose of planning, designing, building and

completing municipal building projects, and based on said interviews and cost

estimates, to hire suitable candidates. When an Owner’s Representative is required

for the project, the Permanent Building Committee shall provide a

recommendation for the hiring of an Owner’s Representative prior to selecting the

architect and/or engineer, so that the Owner’s Representative may assist with the

development of the Request for Proposal, the selection process, project control

budgets, project schedules, contracts and other material necessary to properly

solicit comprehensive proposals by interested firms.

The Permanent Municipal Building Committee is authorized to develop

schedules and cost estimates budgets for municipal building projects. However,

when an Owner’s Representative is required, the Owner’s Representative shall be

responsible for drafting such schedules and budgets; and shall be approved by the

Permanent Municipal Building Committee. The Owner’s Representative shall also

be responsible for developing a project cash flow projection for review by the Town

Director of Finance, as approved by the Permanent Municipal Building

Committee.

The Permanent Municipal Building Committee is authorized to recommend to

the Mayor the execution of municipal building project contracts as may be approved

by the Town Council.

The Permanent Municipal Building Committee shall have authority over all

change order requests. The Permanent Municipal Building Committee shall also

coordinate all applications for grants and other financial assistance documents except

for school construction grants through the Department of Education. Such grant

applications are the responsibility of the Superintendent of Schools and the Board

of Education. The Permanent Municipal Building Committee shall submit change

orders and grants/financial assistance documentation to the appropriate authority in a

timely manner and with timely notification to the Town Council. The Town Council

is the authority to modify or change the scope of the project.

The Permanent Municipal Building Committee shall at least quarterly report its

activity to the Town Council and to the Proposing Body, if applicable; and shall

submit a final report upon completion of each project. The Permanent Municipal

Building Committee is also authorized to conduct periodic reviews and audits of the

physical condition of all municipal and school buildings and grounds, including

service equipment and major systems and make recommendations to the Town

Council for inclusion into the Town’s Capital Improvements Projects List and should

work with the Mayor’s Office and the appropriate boards and commissions and

agencies.

It is understood that the agencies assigned responsibility for specific buildings,

grounds, capital, and facilities shall assess, prioritize, seek funding and actively

support administration of projects assigned to the Permanent Municipal Building

Committee.

The Permanent Municipal Building Committee shall, with assistance from the

Proposing Body ensure that projects are completed, including the close-out of

required reports, in a timely manner.

Section 6. Spending Funds

The Permanent Municipal Building Committee may expend such funds as the

Town Council, or if required the Town Meeting, may appropriate to carry out its

duties as described herein. There shall be no intermingling of funding between

projects.

Section 7. Definitions:

For the purpose of this Ordinance, the following definitions shall apply:

1) “Major maintenance” shall include capital building/improvement projects and

projects that are capital in nature; that is, having a useful life of five or more years.

“Major maintenance” shall not include routine maintenance and upkeep of a building

or other structures, or its service equipment, which is performed on a regular basis.

“Service equipment and major systems” shall include boilers, elevators,

generators, HVAC systems, septic systems, fire alarms, electrical service including

wiring and fixtures, major plumbing service, building skin (roofs, gutters, masonry,

windows, exterior paint, floor covering, etc.) It shall not include information system

technology (computers and computer systems).

3).

“Proposing Body” means the Town of Ledyard appointed or elected board or

commission sponsoring or requesting a construction or major maintenance project or

for a project initiated by the Permanent Building Committee itself, the board or

commission whose facility would be the recipient thereof.

Section 7. Severability

If any provision of this Ordinance shall be held invalid by a court having

competent jurisdiction, such invalidity shall not affect any of the other provisions of

this Ordinance that can be given effect without the invalid provision and for this

purpose the provisions of the Ordinance are hereby declared severable.

Section 8. Effective Date

In accordance with the Town Charter this ordinance shall become

effective on the twenty-first (21st) day after such publication following its final

passage.

Amended, Adopted and Renumbered by the Ledyard Town Council on: __________

____________________

S. Naomi Rodriguez, Chairman

Approved/Disapproved on:________

__________________________

Fred B. Allyn, III, Mayor

Published on:

Effective Date:

_________________________

Patricia A. Riley, Town Clerk

********************************************************************

****

Revisions: Ordinance #119 “An Ordinance Establishing a Permanent Municipal

Building Committee for the Town of Ledyard” Adopted March 26, 2008; Ordinance

#138 “An Ordinance Amending an Ordinance Establishing a Permanent Municipal

Building Committee for the Town of Ledyard: Adopted June 24, 2015; Effective:

July 31, 2015; Ordinance renumbered from Ordinance #138 to Ordinance

#100-015 as part of the Town Council’s 2017-2019 Ordinance Update Initiative;

September 25, 2019.

History:

The Twenty-fourth Town Council (2017- 2019) Ordinance Update Initiative:

Renumbered Ordinance #138 to Ordinance #100-015.

2015: Removed the project threshold of $25,000 requiring all capital

building/improvement projects and projects that are capital in nature; that is, having a

useful life of five or more years be assigned to the Permanent Municipal Building

Committee.

2019: Title - Removed “Ordinance Amending” - Per Town Attorney not required.

Section 4 added language regarding members attendance relative to

resignation/replacement. Removed Section 9 “Cancellation” - Per Town Attorney the

“Cancellation Section” was not needed. The “Revisions” and “History” paragraph

indicates that the previous ordinance has been updated and replaced. Added new

Section 9 “Effective Date” to be consistent with Town Ordinance format.

2024: Section 2 “Purpose” Paragraph 1 replaced the word major with “select” and

Added Paragraphs 2 - 6.

Section 3: “Membership” Added: “…..Chairman or their designee. Also, the

following language was added for clarification: Board of Education Temporary

Members shall be appointed by the Town Council”

“Public Works Director, Board of Education Director of Facilities and Grounds.

Section 5 “Powers and Duties”:

Paragraph 2- The following language was replaced: The Permanent Municipal

Building Committee is authorized to interview architects and/or engineers for the

purpose of planning, designing, building and completing municipal building projects,

and based on said interviews and cost estimates, to hire suitable candidates. “ When

an Owner’s Representative is required for the project, the Permanent Building

Committee shall provide a recommendation for the hiring of an Owner’s

Representative prior to selecting the architect and/or engineer so that the Owner’s

Representative may assist with the development of the Request for Proposal, the

selection process, project control budgets, project schedules, contracts and other

material necessary to properly solicit comprehensive proposals by interested

firms”.

Paragraph 3: Replaced: cost estimates with “budgets” Also added: “However, when

an Owner’s Representative is required, the Owner’s Representative shall be

responsible for drafting such schedules and budgets. The Owner’s Representative

shall also be responsible for developing a project cash flow projection for review by

the Town Director of Finance

NEW Paragraph 4

Paragraph 5 Added the following language: except for school construction grants

through the Department of Education. Such grant applications are the

responsibility of the Superintendent of Schools and the Board of Education.

VI.

RESIDENT & PROPERTY OWNERS (COMMENTS LIMITED TO THREE (3)

MINUTES

Mr. Douglas Kelley, 40 Pinelock Drive, Gales Ferry, Member of the Historic District

Commission, noted that he recently learned about the Permanent Municipal Building

Committee during his work to oversee the Nathan Lester House Museum. He stated the

Historic District Commission oversees a number of Capital Improvement Projects; and

he questioned whether the Historic District Commission could partner with the

Permanent Municipal Building Committee to help manage their projects and to reach

their goals.

Councilor Dombrowski addressed Mr. Kelley’s question, explaining if the Historic

District Commission was doing a capital project and felt that they could use some help

that the process would be for the Historic District Commission to appeal to the Town

Council to request that their project be assigned to the Permanent Municipal Building.

Mr. Kelley questioned whether the Permanent Municipal Building Committee would

assist with the construction of a new building. Councilor Dombrowski stated that they

would.

VII. ADJOURNMENT

Chairman Rodriguez noted that no one was signed up in the Zoom “Chat”. She stated

hearing no further public comment, that the Public Hearing was adjourned at 6:36 p.m.

Chairman Rodriguez stated that the proposed Ordinance Amendments would move to

the Town Council’s November 13, 2024 meeting.

________________________________

Transcribed by Roxanne M. Maher

Administrative Assistant to the Town Council

I, S. Naomi Rodriguez, Chairman of the Ledyard Town Council,

hereby certify that the above and foregoing is a true and correct

copy of the minutes of the Public Hearing held on October 23, 2024.

Attest:________________________________________