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CameraInstallationTimeline

TheStateofCT.in2014initiatedaSchoolSecurityGrantprograminpartduetotheeventsatSandy
HookSchool.NumeroustownsinCT.submittedrequestsandwereabletohavesecurityupgrades
performedattheirlocalschools.
ItsalsorelevanttonotethatinMarchof2014MayorOBrienwantedtochangethemakeupoftheHS
BuildingCommitteeandthreatenedtosuetheCityCouncilovertheappointments.CityCouncilwanted
tomaintainthecommitteeappointeesthatwereestablishedatthebeginningoftheprojecttoensure
stability.ThemayorfeltthisviolatedCityCharterandremoved2appointeesandadded5ofhis
choosing.Thelawsuitnevermaterialized.SeeNewHavenRegisterarticlesd.03/18/2014&03/25/2014.
InNov.of2014itwasannouncedthatWestHavenwouldreceivegrantmoniestoupgradethesecurity
camerasatWestHavenHighSchool.Theamountofthegrantwas$162,477.00andrequiredthecityto
pay$48,149.16inmatchingfunds.Thisbroughtthetotalavailablefundsto$210,625.25.
TheoriginaltimeframefortheworktobestartedinQ1of2015.Andthescopewasfor80newindoor
camerasand18outdoorcameraswithmountingequipmenttoreplacetheexistinglegacyVHSsystem.
FastforwardtoJune13of2016.TheCityCouncilwasnotifiedthattheeligibilitytimeframetousethe
grantawardmoneywasgettingclosetoitsexpirationdate.AsaresulttheFinanceCommitteeand
FinanceDirectorpresentedamotiontotheCityCounciltoallowforabidwaiverduetotheupcoming
expirationdate.Abidwaiverwasapprovedandawardedtoacontractor(HiTechElectricom)thathad
placedabidinSeptemberof2014costingthefullgrantamount$210,625.25.Withatotalequipment
costof$180,392.00
OnJune20,,2016theStateofCT.DeptofEmergencyServicesandPublicProtectionsentamemoranda
tomultiplemunicipalities,WestHavenincluded,andadvisedthattheGovernorhadextendedtheJune
30,2016completiondeadlineby12months.Thecitywasencouragedtosubmitarequestforthe
extensionofitsSchoolSecurityGrantProgramaward.ItisunknownwhethertheCityCouncilwas
providedwiththisinformationbeforeoraftertheywereaskedtoapprovetheemergencybidwaiver.
ItshouldbenotedthatwhentheStateofCT.awardsagrantitprovidesalistingofcontractorswhocan
bidtodotheworkthatisbeingfundedbythegrant.
InAugustof2014therewasabidplacedonthegrantbyanothercontractor(IntegratedTechnical
Systems)withatotalequipmentcostof$129,522.00(Adifferenceof$50,000or33%lessthanthebid
thecouncilawardedthewaiverto)
HiTechmadeacommitmentinwritingthatthecameraswouldbeinstalledbyJune30thpriortosigning
acontractwiththecity.ThecameraswereinstalledinJuneof2016.
InordertobereimbursedthegrantmoneyfromtheStateofCT.thecityisrequiredtoprovidethe
contract,invoices,inspectionreport,andotherrelateddocuments.
Uponreadyingthedocumentsforthestatereimbursement,itwasdiscoveredthataninspectionofthe
camerainstallationwasnevercompleted.Nopermitswereeverpulledforthework.
InNovember2016inordertofulfilltheinspectionrequirement,theCT.DepartmentofPublicHeath
dispatchedoneofitsenvironmentalinspectioncontractors(DunnEnvironmentalInspections)tothe
highschooltoperformareviewandproductareportofitsfindings.
Keepinmindthatschoolhadbeeninsessionforover4monthspriortotheinspectionbeingcompleted.
ThefinalreportwasissuedinFebruary2017.Thereportisapproximately15pagesbelowandcanbe
reviewedhere.
Highlightsare:

AnAsbestosProjectDesigneroranAsbestosManagementPlannerasrequirebytheStateofCT.
andEPAregulationsDIDNOTreviewtheproject.
Brokenpipefittingsinsomeaccesspointsusedduringinstallation.
Untrainedandunlicensedpersonsdisturbedasbestosmaterialsduringthecamerainstallation
withoutcontainmentorengineeringcontrolstopreventfiberrelease.
Asbestoscoatedwallsweredrilledinto,thusdisruptingtheasbestos.
Asbestosfellontoatrophycabinet.
Cityinvoicedfor108camerasbutuponinspectiononly96werefound
32,000linearfeetofnetworkcableweresupposedtobeusedforcamerainstallationhowever;
older,existingwireswereusedinmostareasandonly500linearfeetcanbeaccountedfor.
Comparingthe$129,522.00materialsbidwiththe$180,392.00materialsbid,theLOWERbid
containednewergenerationequipment.
Therewereatleast47locationswheretheoldcameraswerestillinplace,alongwiththeolder
wiresandnetworkboxes,andnolessthan18newcameralocations.Itisbelievedthereare
between18and49newcameralocationsonahighschoolthecityplannedtodemolish.
Newcablesinstalledwerepulledthroughareasinwhichtherewasvisibleasbestos.E.g.walls
andceilings.

Dunn
20 Robart Street Environmental Office: (203) 389-8457
P.O. Box 26365 Inspections, Inc. E-Mail: Rich@DunnENV.com
West Haven, CT 06516 www.DunnENV.com

AsbestosMoldRadon
February 24, 2017

Laschone Garrison
Environmental Sanitarian II
Connecticut Department of Public Health
410 Capital Avenue
PO Box 340308, MS #51 Air
Hartford, CT 06134-0308

Phone: (860) 509-7367


E-Mail: laschone.garrison@ct.gov

RE: West Haven High School Camera Installation

Dear Ms. Garrison:

Dunn Environmental Inspections Inc. (DEI) was asked to attend a meeting on November 8, 2016 at the West
Haven High School. Also in attendance was Michael McGrath, Joseph Bonaldo, and Christopher Everone. At
the beginning of this meeting we were all informed by Ms. Garrison that this was an investigation into the
installation of a High School Security Camera System.

DEI was charged with inspecting 108 security cameras with the respect to the potential release of asbestos
materials that may have been disturbed during the installation. In addition to the 108 security cameras 32,000
feet of network cable was reported to have been pulled in support of the camera installation. DEI was only able
to locate 96 cameras, with the following breakdown:

Small Camera Axis Dome Camera Axis 4-Way Camera Axis


Invoiced - M3006-V Invoiced - Q6042-E Invoiced - P5542
Installed - M3046-V Installed - P5624-E Installed - P3707-PE

Invoiced 80 18 10
Found 72 17 7
Please note that cameras invoiced are older or non-existent models, and the cameras installed are the current
Axis models.
At the end of this report is a list of the security cameras found by location to the nearest room number.

DEI believes that most of the new cameras were connected through the pre-existing wires used for the old
camera system. Additionally, none of the network boxes discovered (Interlogix POC252-1CX-1P) matched the
invoiced (Axis T8123) network boxes. DEI questions if the old network boxes were used. Project

Dunn Environmental Inspections, Inc.


specifications, operations manuals, and invoices from the original camera installation project, or dated purchase
receipts could answer this question.

This installation took place in June of 2016. The project was not reviewed by an Asbestos Project Designer or
an Asbestos Management Planner as required by Connecticut and EPA regulations. Additionally, asbestos
materials were disturbed by untrained and unlicensed persons during this camera installation project without
containment or engineering controls to prevent fiber release.

1. There is a newly broken 8 fitting resting on the 2 x 4 suspended ceiling panel in front of the second-
floor elevator door, near room #E-206. This broken fitting was in the Path of Renovations, and has been
moved over to the next panel (Photo #1) from where it fell.

2. There is a group of older broken pipe fittings resting on top of the ceiling near room G-28, also in the
Path of Renovations.

3. Block wall with an asbestos coating was in the Path of Renovations and penetrated at the stairwell E-3
lowest level. A drill hole goes through the asbestos coating (photo #2) on the block wall above the
ceiling grid.

4. Custodians state that during this installation a small worker would enter the (confined) space above the
first-floor front entrance lobby ceiling by going through a hole in the plaster (photo #3) ceiling. All new
cables were pulled through the space above the central lobby ceiling, then down behind the awards
display case, and into the wiring spaces of the security desk. This above ceiling space has friable
asbestos spray-on fireproofing. There is evidence of the spray-on fireproofing being recently disturbed.
Photos #4 through #10 show the space above the entrance lobby, and behind the awards display case.
Asbestos debris can be seen in several locations. These cables were most likely pulled in groups of
three or four because the camera cables that travel through this space come from different directions or
wings, some cables come into this space via conduit from other floors. Each cable, or group of cables
were pulled 60 to 100 through this space depending on which direction/wing the cables came from.

There are conflicting accounts of how much new cabling has been pulled. The invoice provided shows 32,500
feet of CAT-5E cable. However, in conversation with Richard Shea of Hi-Tech Electricom, Mr. Shea stated that
he connected only to the older existing wires.

There are at least 47 locations where the old camera is still in place, along with the associated wires and network
boxes which were utilized by the contractor. There are no less than 18 new camera locations. Some of the new
camera locations can be found in most stairwells, the hallway adjacent to the womens weight room, the
auditorium, and the school store. The contractor has stated that in many locations that he could piggyback into
the existing system. Therefore, there are between 18 and 49 new camera locations. Any new cables were pulled
through the asbestos contaminated confined space above the central lobby ceiling, then down behind the awards
display case, and into the wiring spaces inside the security desk.

Because of the number of known new camera locations, and because of visible evidence of newly disturbed
asbestos above the ceiling, DEI believes that some new wire was pulled through this above ceiling space.
Additionally, custodians state that during this installation a small worker would enter the (confined) ceiling

Dunn Environmental Inspections, Inc. Page 2 of 14 02/24/2017


space above the front entrance security desk. The worker would enter the space above the lobby ceiling by
going through a small hole (photo #3) in the plaster ceiling.

As stated before, there is visible asbestos debris on top of the plaster ceiling, on top of the display case, and
behind the display case. Photos #11 and #12 show the space behind the removable panel at the rear of awards
display case. Asbestos debris can be seen in several locations.

Photo #13 shows the Interlogix network boxes found during this inspection. No other boxes were found.
However, not every camera connection above the dropped ceiling was checked.

A NESHAP level inspection by Hygenics of Stamford declares the 1 x 1 ceiling tiles, with associated glue daubs
and ceiling plaster throughout this building to be negative for asbestos. Additionally, the ceiling plaster in the G-
Wing hall was also declared negative for asbestos. One confirmation sample was taken from each of these
materials. These confirmation samples also tested negative for asbestos by PLM.

If you have any questions, please call (203) 389-8457.

Yours;

__________________________________________________
Richard Dunn
Dunn Environmental Inspections, LLC
CT Asbestos Building Inspector/Management Planner License #000260
CT Asbestos Project Designer License #000240

cc: Neil Cavallaro

Pipe fitting in the Path of Renovations

Photo #1 Broken pipe fitting moved here

Dunn Environmental Inspections, Inc. Page 3 of 14 02/24/2017


Photo #2 Lower level E-3 Stairwell camera install

Asbestos coated cinder block wall penetrated

Photo #3

Confined space entry here, ceiling tiles are 1 square foot each

Dunn Environmental Inspections, Inc. Page 4 of 14 02/24/2017


Space above ceiling with spray-on asbestos fire proofing

Photo #4

Dunn Environmental Inspections, Inc. Page 5 of 14 02/24/2017


Asbestos debris on top of plaster ceiling deck

Photo #5

Photo #6

Typical above ceiling conditions

Dunn Environmental Inspections, Inc. Page 6 of 14 02/24/2017


Photo #7

Cable path above ceiling

Asbestos debris on top of trophy display, this


debris has a layer of dust on top suggesting that it
is older

Photo #8

Dunn Environmental Inspections, Inc. Page 7 of 14 02/24/2017


Photo #9 New asbestos debris on top of trophy display

Wires going down behind


trophy display

Sample #16120-1 taken


from inside 
display case. W

Asbestos on top 

of Display Case

Front lobby Security


Desk, servers here, and
under desktop.

Photo #10

Cable w pulled from different directions above the plaster ceiling space, over the block wall, down
behind the display case, back through the block wall into the security desk. As shown in orange.
The block wall was disturbed when the original camera system was put in place during the nineties.

Dunn Environmental Inspections, Inc. Page 8 of 14 02/24/2017


Photo #11

Asbestos Debris

Asbestos Sample # 16120-1 tested positive for asbestos at 70% Chrysotile.


This debris fell out while removing the access panel.

More Asbestos Debris Behind These Wires

Photo #12

Dunn Environmental Inspections, Inc. Page 9 of 14 02/24/2017


No Axis network boxes were found, only these Interlogix units
Photo #13

Dunn Environmental Inspections, Inc. Page 10 of 14 02/24/2017


OrderID: 241605072

Dunn Environmental Inspections, Inc. Page 1 Of 1 Page 11 of 14 02/24/2017


EMSL Order: 241605072
EMSL Analytical, Inc. Customer ID: DUNN62
29 North Plains Highway, Unit # 4 Wallingford, CT 06492
Customer PO: 02056B
Tel/Fax: (203) 284-5948 / (203) 284-5978
http://www.EMSL.com / wallingfordlab@emsl.com
Project ID:

Attention: Richard Dunn Phone: (203) 530-7979


Dunn Environmental Inspections, Inc. Fax: (203) 389-2007
PO Box 26365 Received Date: 12/14/2016 11:00 AM
20 Robart Street Analysis Date: 12/14/2016
West Haven, CT 06516 Collected Date:
Project: 16120/1 MCDONOUGH PLAZA

Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type

16120-1 SPRAY ON FIRE White 30% Non-fibrous (Other) 70% Chrysotile


PROOFING DEBRIS Fibrous
241605072-0001 NEAR SECURITY Homogeneous
DESK - BEHIND
DISPLAY CASE
16120-2 1X1 CEILING TILE White 80% Min. Wool 20% Non-fibrous (Other) None Detected
Fibrous
241605072-0002 Homogeneous
16120-3-Plaster PLASTER Brown 20% Quartz None Detected
W/BROWN GLUE Non-Fibrous 80% Non-fibrous (Other)
241605072-0003 DAUBS Homogeneous
16120-3-Glue PLASTER Brown 100% Non-fibrous (Other) None Detected
W/BROWN GLUE Non-Fibrous
241605072-0003A DAUBS Homogeneous

Confirmation
samples for other
suspect materials

Analyst(s)
Lauren Brennan (4) Lauren Brennan, Asbestos Lab Manager
or Other Approved Signatory

EMSL maintains liability limited to cost of analysis . This report relates only to the samples reported and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no
responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim
product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government . Non-friable organically bound materials present a problem matrix and therefore EMSL
recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy, precision and uncertainty data available upon request. Unless
requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Reporting limit is 1%

Samples analyzed by EMSL Analytical, Inc. Wallingford, CT NVLAP Lab Code 200700-0,

Initial report from: 12/15/2016 12:46:50

ASB_PLM_0008 - 1.71 Printed: 12/15/2016 12:46 PM Page 1 of 1

Dunn Environmental Inspections, Inc. Page 12 of 14 02/24/2017


OrderID: 241700404

Dunn Environmental Inspections, Inc. Page 1 Of 1 Page 13 of 14 02/24/2017


EMSL Order: 241700404
EMSL Analytical, Inc. Customer ID: DUNN62
29 North Plains Highway, Unit # 4 Wallingford, CT 06492
Customer PO:
Tel/Fax: (203) 284-5948 / (203) 284-5978
http://www.EMSL.com / wallingfordlab@emsl.com
Project ID:

Attention: Richard Dunn Phone: (203) 530-7979


Dunn Environmental Inspections, Inc. Fax: (203) 389-2007
PO Box 26365 Received Date: 02/01/2017 12:10 PM
20 Robart Street Analysis Date: 02/02/2017
West Haven, CT 06516 Collected Date: 12/21/2017
Project: 17014/1 MCDONOUGH PLAZA WEST HAVEN, CT

Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type

17014-1-Base Coat Ceiling plaster near Gray 15% Quartz None Detected
room G-9 Non-Fibrous 85% Non-fibrous (Other)
241700404-0001 Homogeneous
17014-1-Skim Coat Ceiling plaster near White 100% Non-fibrous (Other) None Detected
room G-9 Non-Fibrous
241700404-0001A Homogeneous

Confirmation
samples for other
suspect materials

Analyst(s)
Almedina Hodzic (2) Lauren Brennan, Asbestos Lab Manager
or Other Approved Signatory

EMSL maintains liability limited to cost of analysis . This report relates only to the samples reported and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no
responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim
product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government . Non-friable organically bound materials present a problem matrix and therefore EMSL
recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy, precision and uncertainty data available upon request. Unless
requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Reporting limit is 1%

Samples analyzed by EMSL Analytical, Inc. Wallingford, CT NVLAP Lab Code 200700-0,

Initial report from: 02/02/2017 10:10:36

ASB_PLM_0008 - 1.71 Printed: 2/2/2017 10:10 AM Page 1 of 1

Dunn Environmental Inspections, Inc. Page 14 of 14 02/24/2017


4/5/2017 WHHStoreceivesecuritycameraupgradethroughgrantWes...

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WestHavenBoardofEducation News ArchivedNews 201415News Winter201415WHHStoreceive


securitycameraupgradethroughgrant

WHHStoreceivesecuritycameraupgradethroughgrant
NAVIGATION
WHHStoreceivesecuritycameraupgradethroughgrant
Postedon11/24/2014

WEST HAVEN, Nov. 18, 2014 The school district will soon
upgrade West Haven High Schools security camera system
through a state grant as it completes a districtwide initiative that
hasbroughtnewcamerasystemstoitsotherschools.

Thegrantof$162,477.09ispartofthestatesSchoolSecurity
GrantProgramandrequires$48,149.16inmatchingfundsfromthe
city,whichprovidesatotalof$210,625.25forthework.Thecity
andschooldistrictcollaboratedinapplyingforthestatefundingin
anefforttoimproveschoolsafety.

Wereverythankfulthatthestatewillbeassistinguswiththisfinalcameraupgrade.Schoolsecurityis
ofutmostconcern,andthisprojectwillenhancesafetyatWestHavenHighSchoolandmakeiteasier
fortheschoolsadministratorstokeepaneyeondifferentareasofthebuilding,Superintendentof
SchoolsNeilC.Cavallarosaid.

TheworkisexpectedtostartinJanuaryorFebruary,accordingtoDirectorofFacilitiesJosephFalzone.
Around80newindoorcamerasand18outdoorcameraswillbeinstalledatWHHStoreplacethecurrent
system,whichstillusesVHStapes.Thegrantfundingwillcovernotonlythenewcameras,butalso
mountingequipment,hardware,wires,harddrives,programlicensingandotherrelatedexpenses.

As we confront the challenges in a post9/11 society, it is critically important that we do everything in


our power to protect our children, Mayor Edward M. OBrien said. This state grant funding will
strengthen West Haven High Schools comprehensive security strategy by providing a new hightech
camerasystemtohelpsafeguardourstudents.

WHHSisthefinalschoolintheWestHavenPublicSchoolDistricttoreceivefundingfromtheSchool
SecurityGrantProgramforanewcamerasystem,astheotherbuildingsreceivedmoneyfromprevious
roundsofthestatesschoolsafetygrantprogramlastyear.Whileschoolresourceofficersareeither
stationedatorvisitdistrictschoolsthroughouttheschooldayandduringafterschoolevents,andall
havebuzzersystemsattheirdoors,theupdatedcamerasystemsallowthedistricttocontinue
strengtheningsafetyefforts.

TheformerAnnaV.MolloyElementarySchoolalsoreceivedstategrantfundingandnewcamera
equipmentbecauseitaccommodatesWestHavenCommunityHouseclassroomsforyoungchildren,
someBoardofEducationservices,andamockapartmentforspecialeducationstudentstovisitand
useforlifeskillsclasses.

ThoughthereisaplannedconstructionofanewWHHSbuilding,theschoolwillreceivethecameras
now,sincethecompletionofconstructionisstillyearsaway.CityGrantsWriterEileenM.Krugelnoted
thatthecameraequipmentcanalsobeusedinthenewhighschoolwhenitisbuilt.

Contact:CommunicationsDirectorSusanMisur,2039374300X7114susan.misur@whschools.org

http://www.whschools.org/cms/One.aspx?portalId=2295985&pageId=4464597 1/2
4/5/2017 WHHStoreceivesecuritycameraupgradethroughgrantWes...

P.O.Box26010,WestHaven,CT06516|
Phone:2039374300|FaxforCentralOfficedocumentsonly:2039374318
EspaolgradoK8:2034791495,grado912:2034793327
WebsitebySchoolMessengerPresence.2017WestCorporation.Allrightsreserved.

http://www.whschools.org/cms/One.aspx?portalId=2295985&pageId=4464597 2/2
West Haven plans to sue itself, at
taxpayers expense

vmWilliams New Haven Register Ed O'Brien addresses the New Haven Register editorial
board October 14, 2013.

By Mark Zaretsky, New Haven Register


POSTED: 03/18/14, 8:11 PM EDT | UPDATED: ON 03/19/2014
30 COMMENTS

WEST HAVEN >> Mayor Ed OBrien plans to sue the City Council over last weeks 7-5
vote to make appointments to the West Haven High School Building Committee good
for the life of the project, he said Tuesday.
The move would escalate a tug-of-war between executive and legislative branches that
could require outside lawyers on both sides, both funded by taxpayers.
OBrien confirmed Tuesday afternoon that he is talking to outside law firms and said the
lawsuit, which he hopes to file within a week, is necessary because the councils action
usurped the power of the mayor.
No attorneys have yet been hired, he said.

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OBrien released a copy of a letter that he sent to Council Chairman Nick Pascale, dated
Monday, which essentially puts Pascale on notice that the suit is coming.
In the letter, which Pascale said he has yet to receive, OBrien concluded that the seven
council members in the majority, by voting in favor of the resolution, have directly
violated our Charter and I do not consider this resolution to be valid and enforceable.
I intend to take the appropriate legal (action) to ensure the passage of this resolution is
stricken from the record, OBrien wrote, citing the state Municipal Powers Act and
Chapter II, Sec. 3 of the charter as his authority.
He said Tuesday the resolution circumvents the Office of the Mayors power.
A majority of the 13 City Council members, including Pascale, supported former Mayor
John Picard in the last election.
The council passed the resolution, which Pascale submitted, last week after OBrien
removed two building committee members who were appointed by Picard and replaced
them with five of his own appointees.
OBrien reiterated Tuesday that 10 of the 15 building committee members are still
Picards appointees.
Its very sad, said Pascale, who had acknowledged at the March 10 meeting that the
issue could result in a court battle. I tried to avoid this exact thing and even asked the
mayor to sit down and talk to me this week.
The City Council is in favor of putting on the mayors recommendations but we were
trying to protect the project from knowledgeable people being thrown off without just
cause or due process, he said. A resolution made sense so that the taxpayers wouldnt
have to pay for a court fight. Now the interesting part is if the mayor gets his picks, then
what is this really about?
I dont think the council wants control, Pascale said. They just want a project that
isnt stalled by politics.
Corporation Counsel Vin Amendola, whose office normally would represent the city in
any lawsuits, declined to comment, referring questions to the mayor.
Amendola said before the vote at the council meeting last week, however, that his office
would be conflicted out if the matter ever went to court, and outside attorneys would
have to be retained for both sides, at taxpayer expense.
Amendola also advised the council before it approved the resolution that passing it
would usurp the power of the executive branch and violate the City Charter.
Its almost as if youre taking this resolution and trying to revise the Charter,
Amendola said at the time. Several council members said they disagreed with that
assessment prior to the vote.
First official mention of a lawsuit since then came in comments that Board of Education
member James Morrissey made to the school board Monday night.
Morrisey, a former City Council member who backed OBrien in last years Democratic
primary and election, was chosen Thursday to be the new Democratic town chairman,
after forces allied with the mayor and Morrissey won a March 4 town committee
primary.
He raised the issue Monday in the context of criticizing the councils passage of the
resolution and the possibility that politics and a legal battle between the mayor and the
council might slow progress on a new school.
But I support the mayor bringing the lawsuit, Morrissey said Tuesday. I dont think
the council has the authority to implement the resolution.
Those who voted for the resolution said that it was necessary under the circumstances.
They expressed frustration at the action contemplated by the mayor.
I guess Im surprised that theyre going forward with a lawsuit when we didnt even get
a written opinion from the corporation counsel, said council Finance Committee
Chairwoman Nancy Rossi, D-7.
She called that unfortunate, and said, I would hope that before it goes to court they
would send an invitation to sit down and discuss it.
Rossi questioned whether the resolution violated the charter, pointing out that the
charter references boards appointed by council.
Im very disappointed that its going this way, she said. But I think its more about
power at this point than taking care of the taxpayers.
Rossi also said that before a Board of Ed member spoke about it at a public meeting,
common courtesy would have been to talk about it with the (council.) After all, were the
ones being sued, arent we?
How did a Board of Ed member hear about it before the City Council? she asked.
The action taken by the City Council was to ensure that the high school project
continues on schedule and that there are checks and balances in place, said
Councilman Mike Last, D-9. The resolution approved better defines the roles and
responsibilities of the building committee.
This is not a $20K playground project. This is a $130 million project in which the
taxpayers of West Haven will be responsible for 25 percent, or $32.5 million, Last said.
This project needs stability and building committees such as this are typically
appointed by the legislative body for the duration of the project.
Have questions, feedback or ideas about our news coverage? Connect directly with the
editors of the New Haven Register at AskTheRegister.com.
West Haven Mayor Ed OBrien says
council must rescind resolution or
go to court

Ed
OBrien addresses the New Haven Register editorial board during his mayoras campaign in October
2013.V.M. Williams New Haven Register

By Mark Zaretsky, New Haven Register


POSTED: 03/19/14, 8:12 PM EDT | UPDATED: ON 03/19/2014
3 COMMENTS

WEST HAVEN >> Mayor Ed OBrien said Wednesday, one day after revealing plans to
sue the City Council over who has the right to appoint members to the West Haven High
School Building Committee, that his door remains open, but the council must rescind a
resolution it passed last week.
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The thing is, right now its a violation of the charter, OBrien said of last weeks 7-5
council vote to make appointments to the Building Committee good for the life of the
project. The resolution has to be rescinded. Now, its not even about the appointees. Its
about that resolution has to be rescinded.
If the matter goes to court, taxpayers will have to foot the bill for private attorneys on
both sides because the citys staff attorneys will be conflicted and therefore
disqualified from getting involved.
Asked whether there have been any efforts to mediate the issue, OBrien said no.
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They all know that they can call me, he said, asking, Why is it just a problem now?
Former mayors Rich Borer, Clem Evangeliste appointed building committees, as did
OBriens predecessor, Mayor John Picard, he said. He asked why the council never
made a fuss then.
Under its most recent design, the new and renovated high school would be a $130
million project.
The current conflict, which OBrien advanced by revealing plans to sue the City Council,
a majority of members of which are allies of Picard, is not good for the city, he said.
Its the last thing I want to do, to involve the city in litigation.
Council Chairman Nick Pascale, D-1, who on Wednesday released a proposed list of
committee members that was only different by one member from OBriens, said he
never wanted to keep OBrien from making appointments but had a problem with him
kicking people off the committee.
He said he had invited the mayor twice to sit down and try to work the matter out.
Almost 5 years ago we committed to a new high school for the children of West Haven.
We secured funding at the max reimbursement rate and waited for debt to drop off the
books to have a minimal impact on the taxpayer, Pascale said. The mayors first order
of business was to remove members that put years of time and effort into planning and
groundwork.
I dont understand why the mayor will not allow the committee to just do the job they
were tasked with, he said. A building committee is supposed to serve for the life of the
project.
Under Pascales proposed new committee, He has his representation and the project
now has the stability it needs to move forward, he said. There is no reason to spend
taxpayer money on a lawsuit to move the project ahead; the council resolution already
does that very thing.
I dont believe Mayor OBrien wants to talk this through. I think he is just looking for
absolute control, Pascale said. If that isnt the case, I believe with all his resources he
would have contacted us instead of giving the entire city a black eye with this lawsuit.
The council passed the resolution March 10 in response to OBrien throwing some
members appointed by Picard off the committee and replacing them with his own
appointees. It states that committee members are appointed for the life of the project.
OBrien said a comprehensive legal opinion regarding appointments to the West
Haven High School Building Committee that Corporation Counsel Vin Amendola
presented to the City Council last week clearly contradicts what three council members
alleged Wednesday in a New Haven Register article earlier this week.
Amendolas opinion is supported by a similar opinion nearly five years ago by former
Corporation Counsel Peter C. Barrett, who served under former Mayor John Picard,
OBrien said.
In the Register story, as in the resolution the council passed, council members asserted
that the City Council, not the mayor, has the power to appoint people to the school
building committee,.
OBrien, who was City Council chairman prior to becoming mayor, said that both
Amendolas opinion and Barretts memo, dated June 22, 2009, say otherwise.
Barrett, who served as corporation counsel throughout Picards eight years in office,
wrote in his opinion, With respect to establishing a building committee, the council
clearly does not have authority to pass a resolution to that effect.
In fact, he wrote, action by a municipalitys legislative body is required by state
regulations as prescribed by the State Board of Education, but this regulation only
requires a resolution establishing a building committee. It does not specifically
empower the council to appoint its members.
Amendola, in his opinion, pointed out Chapter 3, Section 3 of the City Charter, which
says: The Mayor shall appoint all department heads, commissions, non-classified
personnel and other officers and employees of the City, except as otherwise specifically
provided by this Charter, and except employees in the offices of elected officers or
boards and officers and boards appointed by the Council.
Barretts memo states, Though the Mayors appointment power does not extend to
officers and boards appointed by the Council, such appointment powers of the Council
are rather limited as set forth in the Charter: to appoint a Clerk of the Council, to
designate an auditor, to appoint and investigatory committee, or to elect a successor to
a vacant seat.
Both Amendola and Barrett cited the Planning and Zoning Commission, the Board of
Police Commissioners and the Economic Development Commission as examples of
mayoral appointments approved by the council.
In his memo, however, Barrett stated that while the Council establishes the school
building committee, the Mayor appoints its members.
That is consistent with past school building projects (for example, in 2001) in which the
former mayor made committee appointments, including the WHHS Front Panel
Replacement Building Committee, Thompson Elementary School Handicap Access
Elevator Building Committee, Anna V. Molloy Elementary Building Committee, Edith F.
Mackrille Elementary Modular Replacement and School Addition Building Committee,
he wrote.
The original Picard-appointed building committee has 15 members with various
professional backgrounds. Of Picards selections, 10 will remain, OBrien said. He said
he only wants to handpick five of his own members to serve on the committee.
I dont think Im asking for too much, he said.

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