Video index

1. Call Meeting to Order

7:03 p.m.

2. Roll Call

Roll call (10 Present, 0 Absent, 0 Excused)

3. Public Participation [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of the majority of the Town Council.]

4. Communications

5. Town Manager's Report [Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of the majority of the Council.]

Galligan - there was an article in the newspaper about CT Studios getting approval. Nutmeg was approved for zone change but still need site approval. Mody's and S & P 29th of February sale. Wildlife Sanctuary - had PW take look. there are ruts because heavy equipment has gone in there to help with the clean up. will have PW work with Conservation. sent letter office emergency management to come and discuss Ambulance on 19th of March - Work Session - will let Ambulance Corps know as well as Manchester. Two Storm Panel - tonight Blight Ordinance will be discussed. Hopefully have met all councils concerns.

Bazzano - reading the report from Jeff and Ray - was up there over the weekend and it does not look too bad. seems like they did a lot of clearing. entrance seems to be clean. Galligan - would like to do in-house to do irrigation at Nevers. On the other one try to see if can do in-house. will get back to the Council on that. There is brush that is invasive but there is good brush in there also. at some point would like to see what we can do to keep it low cost. Bazzano - would like clearing of the trails. Galligan - will talk to staff.

Yagaloff - CT studios the plan that they submitted was conceptual plan. Has there been any indications that they will pull permits or have building started by October? Galligan - no there are no indications they have to go back to PZC - solar farm Yagaloff - process needs to start by October. Other documents have expired, TIF expired, special tax district expired. if they don't get building started by October this will be going back to Town. Galligan - ball is in their court. this could take anywhere from 2-3 months to get everything done. Yagaloff - on the bonds - you do an outstanding job with these bonds. public knows notes were reissued at lower interest rate. Yagaloff - on the Ambulance item - staff member of board of directors. could like list of board of directors. Yagaloff - been through over the weekend. the park does not look like a bird sanctuary. anyone driving through does not see bird sanctuary. Dr. Anwar had problem with graffiti on utility structure. there is trash in the entrance of the sanctuary. please clean up trash. Galligan - we can go out there but will need police recessed 7:18 to go to ph.

called back to order at 7:21 p.m. Yagaloff - why is the request not getting done. Galligan - we cn go back in and clean it up but two days later will be a mess again. Yagaloff - there are items in the ground, diapers, debris sitting there for many months. why can't we clean the trash. Galligan - it is the conservation commission who is supposed to be in charge of that. Yagaloff - 30M budget - should be able to clean - or I will clean. Galligan - when under PW there was never a complaint. John Caldwell - we did not make the trails wider. we spread wood chips on wt areas. as far as garbage I don't think anyone get upset about someone wanting to pick up trash. I picked up some items Other garbage did not see. The commission is supposed to maintain the sanctuary, we were not supposed to go in. we can go down there once in a while and pick up trash. Yagaloff - your response about the trail was very good. appreciate that you went in and picked up some of the trash. I took photos Caldwell - they could have been there and from us doing work they could have turned up. Yagaloff - I am trying to say some of these things need to get done. I think that they should get done and they come very infrequently. I will help do some of that trash. Caldwell - Niederwerfer is area that we don't go down, mow, weed whack - the Conservation Commision takes care of that. Yagaloff - it may have fallen into a gap. Caldwell - do not tread were we should not. Lawrence Road - guys have cut some trails. we went in there - birch trees are broken over. we are going to take care of invasives. tails you can walk, they are a little rough.

Beaulieu - still have to go and do refinancing and mentioned - the finanicng that we have done has been well done and TM has managed the financing well. Studios project is back and looks smaller then what we saw previously. TIF district has expired and will be able to look at that again. What is going to back the TIF district. Galligan - hoping they would be back in the next few weeks. hopein gone way or another will get an answer. rates are low and would not mind doing financing ourselves but then again you are putting your good faith. we ar eputting pressure on them. they have a pavillion in Las Vegas for 1,000 and we may want to get out thre and show what this project is all about. there may be others who are interested in this project. Beaulieu - something that was looked at is the town financing ourselves. rate have dropped and might make sense to do something like that. Galligan - other option that you have - Dan Marsh's group could build it and - there is PSC out of Phoenix that only do municipal projects. there are other options but did not want ot upset the apple cart yet.

Havens - I knew Mr. Niederwerfer. should take the responsibility of the bird sancturary and have the Parks Department take it over and take care of it. might want to ask Conservation Commision if they want to keep the responsibility of wildlife sancturay, if they do not want town should take over. Galligan - I think we will try to partner with them.

Delnicki - will talk to Conservation Commission about this.

6. Items for Discussion

A. Blight & Nuisance Ordinance (Attorney Kari Olson from Murtha Cullina to be present)

Attorney Kari Olson - took existing Blight Ordinance and updated it to coordinate with section - added right of entry which prohibts going into dwellings. added you can't go into blighted property without written consent from owner of property. Section 4 no changes Section 5 no changes Section 6 no changes Section 7 - then we got into enforcement. Other concern is right of appeal Section 8 - discovered that your building board code of appeals was assigned - concerned that was like that. changed that to give flexability. Section 9- did not change Section 10- give TM ability to assign enforcement officer Section 1 - special assessment committee - come up with process, procedure, appeal process. I really looked at this and looked at other towns using and found that for the most part only larger cities have implemented special assessment program. questioned whether for SW to have would be prudent. within the ordinance allow town to have special assessment committee to gather all information of what type of blight and make report to Town Council and whether they feel it is good to pursue somehting like this. First thing need to have Committee. anything can be modified as the Council see fit. Delnicki - sounds like we have met adjustments that we wanted. Keri - abondoned and vacant - your definitions existing - there are ways to build into ordinance where you make special accommodations where people can't afford to take care of properties but give them help. abaondoned and vacnt restricts the right of entry. Delnicki - big concern was abandoned and vacant. concern of protecting the taxpayer, the taxpayer not on the hook Keri - if you issue fines and collect them then they are. depnds on whether to decide to issue fines. can revise to have this only apply to vacant and abandoned properties. Delnicki - are we allowed to go into the property and make safe for the neighborhood? Keri - under this ordinance if abandoned or vacant you wil have the right of entry. currenlty the town has blighted isue going on that is not vacant or abandoned. this is all discretionary. Delnicki - our intent is not to go after individuals who can't afford to take care of property. our is for safety of neighborhoods.

Prague - disagree with what we have here. I came to SW to maintain a certain life style. if my neighbor had a fence up and it fell down I would have a problem. I believe laws have to be based on fairness. have house in town that has been foreclosed on, person left premises, bank does not own, that meets the one situation. I don't understand why we can't withhold taxes if committee of citizens say they are burdening the neighborhood. Withhold portion of taxes or put a lien on the property so when they sell the house we can collect and do not think should be limited to abandoned or vacant properties. if something declines the value of the neighborhoods they should be held accountable. Think we need to go farther with this ordinance.

Yagaloff - see you combined two ordinance with allow town to go onto property. I like it the way it is - feel more comprehensive. page 3, 4 Keri - will change Yagaloff - page 3 on top - have issue with neighboring view. have a little differnt view. Keri - can revise that. Yagaloff - someone can have pile and neighbor can look over fence and coul public right of ways, public roads, etc. should be the definition. if someone has other issues can see only from neigbhors get a lawyer. Other than that feel well done.

recess 8p.m.

McCann - there are a few things that feel should take look at within the definitions of blighted properties. need to decide what level of decay for dilapidation - the enforcement mechanism - need to make determination of residents or anyone when saying public. that is something council may want to take a look at. vacant - definition - need to look at that more with legally occupied. Keri - appreciate your concerns. McCann - did good job with appeals section. appointment of hearing officer - should see when that is done. specail assessments committee - do we specific reference to statute? Keri - think you can, not required but can.

Keri - made a good point about hearing officer. draft talks about notifying them of the hearing.

Prague - Keri sight is one of our senses and hearing is one. does smell go under blight can we do anything? Keri - you have public health code which could go under. you can also get lawyer.

Delnicki - do not want to see us over reach with this ordinance. want something reasonable and be built upon, will address issues in the town right now. Will be asking to go forward with public hearing. would like draft flushed out at public hearing. Keri - I do have idea of concerns. perhaps Counicl members who have the greatest concerns would like members to contact me. will be looking for some guidance from Council.

Yagaloff - rough overhaul of specifics and get Town Council draft and then interested Council members can give feedback. Keri - one pt of clarification - we are looking for something much more conservative. Delnicki - would ask that we stay at the level we are at presently. framework here to address issues. give it an opportuntiyt to see if works. do not support expanditing it at this time.

7. Executive Session

A. Personnel Matter (Town Manager's and Clerk of the Council's Evaluation/Salary Increase)

will do that at the end of the REgular Meeting. Adjournment Yagaloff Bazzano unanimously

Feb 21, 2012 Town Council Work Session

Full agenda
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1. Call Meeting to Order

7:03 p.m.

2. Roll Call

Roll call (10 Present, 0 Absent, 0 Excused)

3. Public Participation [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of the majority of the Town Council.]

4. Communications

5. Town Manager's Report [Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of the majority of the Council.]

Galligan - there was an article in the newspaper about CT Studios getting approval. Nutmeg was approved for zone change but still need site approval. Mody's and S & P 29th of February sale. Wildlife Sanctuary - had PW take look. there are ruts because heavy equipment has gone in there to help with the clean up. will have PW work with Conservation. sent letter office emergency management to come and discuss Ambulance on 19th of March - Work Session - will let Ambulance Corps know as well as Manchester. Two Storm Panel - tonight Blight Ordinance will be discussed. Hopefully have met all councils concerns.

Bazzano - reading the report from Jeff and Ray - was up there over the weekend and it does not look too bad. seems like they did a lot of clearing. entrance seems to be clean. Galligan - would like to do in-house to do irrigation at Nevers. On the other one try to see if can do in-house. will get back to the Council on that. There is brush that is invasive but there is good brush in there also. at some point would like to see what we can do to keep it low cost. Bazzano - would like clearing of the trails. Galligan - will talk to staff.

Yagaloff - CT studios the plan that they submitted was conceptual plan. Has there been any indications that they will pull permits or have building started by October? Galligan - no there are no indications they have to go back to PZC - solar farm Yagaloff - process needs to start by October. Other documents have expired, TIF expired, special tax district expired. if they don't get building started by October this will be going back to Town. Galligan - ball is in their court. this could take anywhere from 2-3 months to get everything done. Yagaloff - on the bonds - you do an outstanding job with these bonds. public knows notes were reissued at lower interest rate. Yagaloff - on the Ambulance item - staff member of board of directors. could like list of board of directors. Yagaloff - been through over the weekend. the park does not look like a bird sanctuary. anyone driving through does not see bird sanctuary. Dr. Anwar had problem with graffiti on utility structure. there is trash in the entrance of the sanctuary. please clean up trash. Galligan - we can go out there but will need police recessed 7:18 to go to ph.

called back to order at 7:21 p.m. Yagaloff - why is the request not getting done. Galligan - we cn go back in and clean it up but two days later will be a mess again. Yagaloff - there are items in the ground, diapers, debris sitting there for many months. why can't we clean the trash. Galligan - it is the conservation commission who is supposed to be in charge of that. Yagaloff - 30M budget - should be able to clean - or I will clean. Galligan - when under PW there was never a complaint. John Caldwell - we did not make the trails wider. we spread wood chips on wt areas. as far as garbage I don't think anyone get upset about someone wanting to pick up trash. I picked up some items Other garbage did not see. The commission is supposed to maintain the sanctuary, we were not supposed to go in. we can go down there once in a while and pick up trash. Yagaloff - your response about the trail was very good. appreciate that you went in and picked up some of the trash. I took photos Caldwell - they could have been there and from us doing work they could have turned up. Yagaloff - I am trying to say some of these things need to get done. I think that they should get done and they come very infrequently. I will help do some of that trash. Caldwell - Niederwerfer is area that we don't go down, mow, weed whack - the Conservation Commision takes care of that. Yagaloff - it may have fallen into a gap. Caldwell - do not tread were we should not. Lawrence Road - guys have cut some trails. we went in there - birch trees are broken over. we are going to take care of invasives. tails you can walk, they are a little rough.

Beaulieu - still have to go and do refinancing and mentioned - the finanicng that we have done has been well done and TM has managed the financing well. Studios project is back and looks smaller then what we saw previously. TIF district has expired and will be able to look at that again. What is going to back the TIF district. Galligan - hoping they would be back in the next few weeks. hopein gone way or another will get an answer. rates are low and would not mind doing financing ourselves but then again you are putting your good faith. we ar eputting pressure on them. they have a pavillion in Las Vegas for 1,000 and we may want to get out thre and show what this project is all about. there may be others who are interested in this project. Beaulieu - something that was looked at is the town financing ourselves. rate have dropped and might make sense to do something like that. Galligan - other option that you have - Dan Marsh's group could build it and - there is PSC out of Phoenix that only do municipal projects. there are other options but did not want ot upset the apple cart yet.

Havens - I knew Mr. Niederwerfer. should take the responsibility of the bird sancturary and have the Parks Department take it over and take care of it. might want to ask Conservation Commision if they want to keep the responsibility of wildlife sancturay, if they do not want town should take over. Galligan - I think we will try to partner with them.

Delnicki - will talk to Conservation Commission about this.

6. Items for Discussion

A. Blight & Nuisance Ordinance (Attorney Kari Olson from Murtha Cullina to be present)

Attorney Kari Olson - took existing Blight Ordinance and updated it to coordinate with section - added right of entry which prohibts going into dwellings. added you can't go into blighted property without written consent from owner of property. Section 4 no changes Section 5 no changes Section 6 no changes Section 7 - then we got into enforcement. Other concern is right of appeal Section 8 - discovered that your building board code of appeals was assigned - concerned that was like that. changed that to give flexability. Section 9- did not change Section 10- give TM ability to assign enforcement officer Section 1 - special assessment committee - come up with process, procedure, appeal process. I really looked at this and looked at other towns using and found that for the most part only larger cities have implemented special assessment program. questioned whether for SW to have would be prudent. within the ordinance allow town to have special assessment committee to gather all information of what type of blight and make report to Town Council and whether they feel it is good to pursue somehting like this. First thing need to have Committee. anything can be modified as the Council see fit. Delnicki - sounds like we have met adjustments that we wanted. Keri - abondoned and vacant - your definitions existing - there are ways to build into ordinance where you make special accommodations where people can't afford to take care of properties but give them help. abaondoned and vacnt restricts the right of entry. Delnicki - big concern was abandoned and vacant. concern of protecting the taxpayer, the taxpayer not on the hook Keri - if you issue fines and collect them then they are. depnds on whether to decide to issue fines. can revise to have this only apply to vacant and abandoned properties. Delnicki - are we allowed to go into the property and make safe for the neighborhood? Keri - under this ordinance if abandoned or vacant you wil have the right of entry. currenlty the town has blighted isue going on that is not vacant or abandoned. this is all discretionary. Delnicki - our intent is not to go after individuals who can't afford to take care of property. our is for safety of neighborhoods.

Prague - disagree with what we have here. I came to SW to maintain a certain life style. if my neighbor had a fence up and it fell down I would have a problem. I believe laws have to be based on fairness. have house in town that has been foreclosed on, person left premises, bank does not own, that meets the one situation. I don't understand why we can't withhold taxes if committee of citizens say they are burdening the neighborhood. Withhold portion of taxes or put a lien on the property so when they sell the house we can collect and do not think should be limited to abandoned or vacant properties. if something declines the value of the neighborhoods they should be held accountable. Think we need to go farther with this ordinance.

Yagaloff - see you combined two ordinance with allow town to go onto property. I like it the way it is - feel more comprehensive. page 3, 4 Keri - will change Yagaloff - page 3 on top - have issue with neighboring view. have a little differnt view. Keri - can revise that. Yagaloff - someone can have pile and neighbor can look over fence and coul public right of ways, public roads, etc. should be the definition. if someone has other issues can see only from neigbhors get a lawyer. Other than that feel well done.

recess 8p.m.

McCann - there are a few things that feel should take look at within the definitions of blighted properties. need to decide what level of decay for dilapidation - the enforcement mechanism - need to make determination of residents or anyone when saying public. that is something council may want to take a look at. vacant - definition - need to look at that more with legally occupied. Keri - appreciate your concerns. McCann - did good job with appeals section. appointment of hearing officer - should see when that is done. specail assessments committee - do we specific reference to statute? Keri - think you can, not required but can.

Keri - made a good point about hearing officer. draft talks about notifying them of the hearing.

Prague - Keri sight is one of our senses and hearing is one. does smell go under blight can we do anything? Keri - you have public health code which could go under. you can also get lawyer.

Delnicki - do not want to see us over reach with this ordinance. want something reasonable and be built upon, will address issues in the town right now. Will be asking to go forward with public hearing. would like draft flushed out at public hearing. Keri - I do have idea of concerns. perhaps Counicl members who have the greatest concerns would like members to contact me. will be looking for some guidance from Council.

Yagaloff - rough overhaul of specifics and get Town Council draft and then interested Council members can give feedback. Keri - one pt of clarification - we are looking for something much more conservative. Delnicki - would ask that we stay at the level we are at presently. framework here to address issues. give it an opportuntiyt to see if works. do not support expanditing it at this time.

7. Executive Session

A. Personnel Matter (Town Manager's and Clerk of the Council's Evaluation/Salary Increase)

will do that at the end of the REgular Meeting. Adjournment Yagaloff Bazzano unanimously

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