741 Colonel Ledyard Highway

Ledyard, Connecticut 06339-1551

(860) 464-3203

TOWN OF LEDYARD

Town Council

council@ledyardct.org

Meeting Minutes

Chairman Kevin J.

Dombrowski

Regular Meeting

Wednesday, October 11, 2023

7:00 PM

Town Hall Council Chambers

In-Person: Council Chambers Town Hall Annex

Remote: Information noted below:

Join Zoom Meeting from your Computer, Smart Phone or Tablet:

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CALL TO ORDER

IC.hairman Dombrowski called the meeting to order at 7:00 p.m. at the Council Chambers,

Town Hall Annex Building.

Chairman Dombrowski welcomed all to the Hybrid Meeting. He 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.

II.

PLEDGE OF ALLEGIANCE

ROLL CALL

III.

Chairman Kevin Dombrowski

Councilor Bill Saums

Present:

Councilor Andra Ingalls

Councilor Gary Paul

Councilor John Marshall

Councilor Mary K. McGrattan

Councilor Whit Irwin

Councilor S. Naomi Rodriguez

Councilor Tim Ryan

Excused:

IV.

PRESENTATIONS

None.

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

MINUTES

Ms. Ginina Diaz, 1546 Route 12, Gales Ferry, noted Attention Deficit Hyperactivity

Disorder (ADHD), Anxiety, Post Traumatic Stress Disorder (PTSD), and Depression

with Mania; stating that she has spent the last twenty-plus years learning to live with

these diagnosis. She stated knowing how difficult it can be to own or share one’s mental

illness, that she would like commend Councilor Paul for his Facebook post on Monday.

She thanked him for joining the work of letting others know that they were not alone. She

stated that she would guess that not everyone believed in mental illness and that many do

not know how to deal with it. She stated that she would assure you that the physical

symptoms of mental illness that their bodies feel was very real; and she noted that a little

compassion could go a long way. She stated many often say “ Oh, just think positive”,

thinking that they were being supportive. However, she stated if it were that easy many of

us would not struggle so much. She stated that she did not believe that anyone would

volunteer to live with mental illness, commenting that she knew that she would return a

diagnosis, or two, if she could. She stated with this being said that there were

geographical factors that enabled the worsening of symptoms. She stated in looking at

our community there were a few that keep a constant worry in the hearts of some of our

residents. She stated the common ones being the lack of affordable housing, the countless

sidewalks to nowhere that grossly limit residents ability to go out and safely walk our

streets, as well as the concern and/or the discomfort in applying for social services; or for

the food pantry services, due to worrying who would end up knowing that someone

needed help. She noted that she stated the latter, as many in town were unapologetically

judging, noting that many have no compassion or desire to understand. She stated that

she sat-out the Town Council’s July meeting due to being triggered here in this very

room. She stated that she ended up being disappointed in herself because when it came

time for the meeting that her anxiety and PTSD had won. She stated that she had to push

herself to return to attending meetings, she had to do it for herself, using all of her tools

to face an environment that now makes her extremely anxious. She stated that she did not

realize how triggered how triggered she actually was until she noticed the lack of eye

contact that she could commit to, as well as how badly her voice shakes at these

meetings, compared to others. However, she stated that she continued to show up to

support others, to speak on important topics. She stated that today she stood here with the

hope of providing empathy, understanding, and courage to others, possibly starting the

desire to learn for those who do not live with mental illness, to be a little bit more aware

of what we say, and how we say it. She stated that we do not know by looking at each

other who struggles and who doesn’t. She asked that everyone educate themselves on

mental illness and how the mind works and understand what your version of support

translated to in the mind of someone who could not see that the glass was half full.

Thank you.

Chairman Dombrowski thanked Ms. Diaz for her comments.

Mr. Allen Burton, 166 Gallup Hill Road, Gales Ferry, stated the reason he was present

this evening was to talk about the property on Gallup Hill Road, where the Water Storage

Tank was torn down. He stated three-quarters of the property was wetland, and that he

would like to purchase the property from the town to leave the property as-is to remain as

open space. He stated he visited the town’s Wetland Official who provided him with a

map of the property that showed three-quarters of the parcel was wetlands. He stated he

went to see the town’s Wastewater Supervisor who told him that there was no sewer

within 300-feet, Mr. Burton stated there was no way they could get a septic system on the

property, without bringing in an engineered system. He went on to note that there was a

culvert pipe that ran through the property that comes from the pond, to the catch basin,

and that there was another pipe that shoots off of that to take the ground water from

going into the street. He stated that he was letting the Town know that he was interested

in purchasing the property, if it comes due, instead of letting it go off to be developed. He

stated that he would like to see the property to remain as wetlands, noting that he had

livestock on his property. He stated when Autum Way was built that the Building

Inspector nicely asked him to move his animals out front to keep the residents living on

Autum Way from complaining about the smell, which he did. However, he stated if they

developed the former Water Storage Tower property that he did not know what he would

do with his animals, noting that he has already moved them for the Autum Way residents.

Therefore, he stated if he could get a reasonable price that he would like to purchase the

property from the town.

Mayor Allyn, III, stated while they were waiting for the Water Storage Tank to be torn

down that he and Mr. Burton spoke, which was probably about a year ago. Mr. Burton

noted that they had to wait to take the Water Storage Tank down during the cold months

because they could not get their equipment in because the ground was too wet. Mayor

Allyn asked Mr. Burton to call his Office tomorrow (October 12, 2023) to talk about the

town’s process, to dispose of surplus property, explaining that it would involve the Town

Council and a Special Town Meeting. Mr. Burton stated that he understood that there

was a process involved and that he wanted to let the Town know that he was interested in

purchasing the parcel. He stated that he would keep the property as-is, noting that he

would maintain that side of the street so the town would not have to; and that he would

put up a fence to keep people from wandering into the wetlands. Mr. Burton thanked the

Town Council for the opportunity to address them this evening.

Chairman Dombrowski thanked Mr. Burton for his comments.

Mr. David Burton, 164 Gallup Hill Road, Gales Ferry, noted that he was also present this

evening to talk about the former Water Storage Tank property. He stated he did not know

whether the interest in building Affordable Housing on the property was unofficial or

official. However, he stated that he wanted to bring the following concerns to the town’s

attention:

1. Zoning Regulations:

Mr. Burton stated that building condominiums or apartments on the property did not fit

the Zoning Regulations. The area was zoned R-40, RM 40- single family houses, double

wide trailers, duplexes. (Not condos or apartments).

2. Wetland Maps

Mr. Burton stated according to the town’s maps the property was at least 75% wetlands.

There were several engineered septic systems, upstream and downstream, that could be

effected by any changes to the wetlands property. He questioned who would pay the bill

to fix or repair the septic systems should they fail due to the wetlands changes.

3. Long term effect if a zone change occurs

Mr. Burton stated if they made changes to the Zoning Regulations that it would open-up

other land for a possible zoneing change; and he noted as an example Mr. Lozier's

property. He stated that Mr. Lozier already had the paperwork in place for septic and

water to the property because he was going to put in the double wide trailers, which did

not occur because of density.

4. State Involvement

Mr. Burton stated once the state becomes involved with a low income or affordable

housing project, the town and it's land use committee would lose control. He noted that

the reason he knew this was because he dealt with Bill Cibes from the State Housing

Department when he started an Affordable Housing subdivision (cluster housing) at

Sablewoods Drive off of Route 117. He explained that during the time he was working

on Phase of the Affordable Housing subdivision, that he brought Phase II to the Planning

Commission. He stated about half the Commission Members did not like the Plan, noting

that one of the Planning Commission members stated that the subdivision plan looked

like the Highlands. He stated after the Planning Commission meeting that he talked to

Mr. Cibes the next day and he told him not to worry because the State worked by

different rules. He stated if the town opened up the former Water Storage Tank Property

for Affordable Housing that they could be talking about 150 - 200 housing units on that

property.

5. Schools - Taxes

Mr. Burton questioned how all of this housing would affect their schools. He stated they

have 70 housing units going up in Ledyard Center; and 150-200 housing units going up

on the Lozier property, which was a total of about 220 new housing units, noting that his

estimate was on the low side. Therefore, he stated they could potentially have 400 plus

students added to the school system. He questioned where the town was going to put all

those students, and whether they were going to have to build another school. He asked

how the town would make all this work without breaking the taxpayers’ backs. .

Mr. Burton asked the Town Council to not just think about what was good for today, but

to also think about the repercussions of making a small zoning regulation change, and it

how it would affect the town down the road.

Chairman Dombrowski thanked Mr. Burton for his comments.

VI.

COMMITTEE COMMISSION AND BOARD REPORTS

None.

VII. COMMENTS OF TOWN COUNCILORS

Councilor Paul noted Ms. Diaz’s comments under “Residents And Property Owners” earlier

this evening, stating that October 10, 2023 was Mental Health Awareness Day. He stated it was

a day for us to recognize mental health, and that mental health does matter. He stated that he

appreciated her comments, because it was important, noting that a Healthy Community was a

Good Community.

Councilor Paul went on to state that he wanted to address a comment that was mentioned at

the Community Relations Committee’s September 20th Meeting, that the Community

Relations Committee was a very different environment than the Town Council Meetings;

noting that he wanted to take this opportunity to explain why that was. He stated that he

understands and realizes that everyone does not know how the process and the meetings

worked per-se, and that he also understood that it could be a little intimidating talking at a

public meeting. He went on to explain that during the Town Council meetings that they do

hear Residents Comments, but the reason there was not a back-and-forth discussion at that

time was because the Town Council wanted to give everyone who would like to speak, the

opportunity to do so; and because they needed to stay on task with the business listed on the

Agenda. However, he stated although the Town Council does not discuss the Resident’s

Comment during that meeting; if the Chairman believed that the Town Council could help

the Resident with the issue they presented, Meaning that it was within the Town Council’s

Authority or Jurisdiction, that the Chairman would refer the matter to one of their

Subcommittee for their review, explaining that was where they had more of a back-and-forth

discussions and where the background work was done. He went on to explain that the Town

Council’s Subcommittee Meetings were typically a less formal format, because this was

where they roll up their sleeves and do the research and deliberate on issues that have been

referred to their Subcommittees. He stated once the Subcommittees have completed their

work, they forward a recommendation to the Town Council to be included on the Business of

the Agenda to consider and to be voted on, if required. He noted as an example of this

process that later tonight the Town Council would be considering “An Ordinance

Establishing Tax Relief for Certain Modified Handicap Accessible Vehicles in the Town of

Ledyard”. He stated the new proposed Ordinance was the result of a Resident who spoke at a

Town Council meeting asking for some relief for families who had to purchase special

vehicles to transport their handicap family member. He noted after the resident spoke at the

Town Council meeting the Chairman referred the matter to the Finance Committee. The

Finance Committee researched the issue, worked with the Tax Assessor and others and

drafted the new proposed Ordinance. He stated that he wanted to bring this up because it was

important that residents understand the process, and because he understood that it can be

intimidating. He stated as a new Town Councilor that he was intimidated just sitting at the

dais. He stated that he wanted to encourage residents to attend meeting and to address the

Town Council. He stated it was their time, it was their 3-minutes, it was their town, and that

the Town Council does welcome residents to come up and share what they would like to

share.

Councilor Saums thanked Ms. Diaz for wearing the color green for Mental Health

Awareness; and he thanked her for sharing her comments this evening, noting that it means

a lot, and it helped them to understand. He stated he could relate to her comments about

standing up at a public meeting to speak. He stated before he was on the Town Council that

he attended a meetingas a resident to speak and that his voice shook too.

Chairman Dombrowski stated that recently the Town Council received a correspondence

(email dated 9/20/2023) regarding the Ledyard Youth Football League, which he had

referred to the Community Relations Committee. He stated Parks & Recreation Director

Scott Johnson, Jr. forwarded an email dated October 4, 2023 in which the Ledyard Youth

Football League stated that they reached a suitable and logical agreement; and the

Family was happy with the response. Therefore, he stated because the matter has been

resolved that he would withdraw the referral, stating that a review by the Community

Relations Committee was no longer needed. He thanked the everyone who was involved

and helped to come to a resolution that was amicable to all parties.

VIII. REVIEW AND APPROVAL OF MINUTES

MOTION to approve the following:

Public Hearing Minutes of Special 27, 2023

Regular Meeting Minutes of Special 27, 2023

Moved by Councilor Marshall, seconded by Councilor Ingalls

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

RESULT:

IX.

COMMUNICATIONS

Communications List - October 11, 2023

Chairman Dombrowski stated a Communications List has been provided on the meeting

portal for tonight’s meeting and he noted the referral listed.

REFERALS

XI.

COUNCIL SUB COMMITTEE, LIAISON REPORTS

Administration Committee

Councilor Ingalls stated the Administration Committee met earlier this evening and

addressed the following: (1) Reviewed a number of updated Job Descriptions; (2) Several

Reappointments; and (3) One New Appointment. She noted the Committee had a number of

items on tonight’s agenda.

RESULT:

Community Relations Committee

Councilor Paul stated the Community Relations Committee has not met since the last Town

Council Meeting. He noted the Committee’s next meeting was scheduled for October 18, 2023.

RESULT:

Finance Committee

Councilor Saums stated the Finance Committee met on October 4, 2023 and he noted in

addition to one the item on tonight’s Agenda the Committee also discussed the following:

(1) Financial Reports - Councilor Saums stated that Finance Director Matthew Bonin

provided the unaudited year-end reports and an updated Unassigned Fund Balance for the

FY 2022-2023. Councilor Saums noted after preparing the report, Mr. Bonin learned of

one more outstanding entry and that he had to adjust the year surplus downward by

approximately $41,000. He explained that the report showed a Board of Education

unadjusted, unaudited surplus of $217,780 and an unaudited General Government surplus

of $152,488. The Town and the Board of Education continue to do an excellent job year

after year of managing closely within the budgets approved by the voters. He stated this

year’s surplus represented about one half of one percent of the Town’s $64 million dollar

budget. The best news was that the Town did not use the $1 million that they originally

anticipated would be needed from the Mill Rate Stabilization Fund. The current

Unassigned Fund Balance stands at approximately 8% of the 2023 expenditures, which

was coming closer to the Town’s goal of setting 10% aside for Rainy Day Funds, and that

does not include the Mill Rate Stabilization Fund. He stated that the Finance Committee

thanked and congratulated the Board of Education and the General Government for their

astute management of the Town’s budget; (2) Nip Bottle Surcharge Revenues received

from Public Act No.21-58 “An Act Concerning Solid Waste Management” - Councilor

Saums stated the Finance Committee continued to work on ways to invest the Surcharge

Revenues received from the Solid Waste (nip bottles) reimbursement program, which

included discussing the highlights of a draft of Montville’s program, with some revisions

for Ledyard’s Plan to encourage non-profits organizations to adopt roads, collect nip

bottles, and trash. He stated the Ledyard Beautification Committee has also reviewed and

discussed the first draft of Ledyard’s plan and was willing to help serve as a clearinghouse

for the non-profit organizations interested in participating in the program.

RESULT:

Land Use/Planning/Public Works Committee

Councilor Paul stated the LUPPW Committee met on October 2, 2023; and in addition to the

one item they have on tonight’s Agenda the Committee also received a presentation from

Historic Commission Member Earl (Ty) Lamb, and Tri-Town Trail Association Karen

Parkinson regarding the Old Spicer Ruins on the Clark Farm Property. He stated they were

exploring the possibility of making the ruins a Registered Historic Site. He stated the

Committee would continue to discuss this matter at their November 6, 2023 meeting.

RESULT:

Economic Development Commission

Councilor Paul stated at their October 3, 2023 meeting the EDC got their first glimpse of the

new Town Marketing Video. He stated the video was comprised of the following four

segments: Welcome; Quality of Life, Business and Commerce, and Community

Organizations. He stated the EDC provided feedback regarding the video. He stated Mayor

Allyn, III, did an outstanding job.

Mayor Allyn, III, stated there was no cost to the town to make the Marketing Video thanks

to the many town businesses that provided advertisements. He stated the center of the screen

was the video and that the businesses’ advertisements were the boarder of the screen.

RESULT:

Ledyard Beautification Committee

Councilor Ingalls stated the Beautification Committee met on October 3, 2023 and discussed

the following: (1) Various Projects which included wreath making, paper making, and many

other projects which would involve the children in our community; (2) Roadside Clean-up

Projects - Councilor Ingalls stated as Councilor Saums reported during his Finance

Committee Report earlier this evening, the Beautification Committee was willing to discuss

helping to facilitate a Program to clean up trash and keep nip bottles from littering their

roads She stated the Finance Committee was reviewing the Town of Montville’s

program, however, she stated there was a lot of details that needed to be worked out. She

stated the idea of the Program would be to make the Surcharge Revenues the town would

be receiving from the State for the nip bottles sold in town, available to non-profit

organizations who wanted to do clean-up projects to earn some of those dollars; (3)

Committee Vacancies - Councilor Ingalls noted the Committee currently had one

vacancy and would probably have one more vacancy coming available for anyone who

may be interested in participating on the Beautification Committee.

RESULT:

Board of Education

Councilor Irwin noted that the Board of Education would be meeting on Tuesday, October

17, 2023.

RESULT:

XII. REPORT OF THE MAYOR

REPORT OF THE MAYOR:

Mayor Allyn, III, reported on the following: (1) Tri-Town Trailhead Parking Lots - Mayor

Allyn stated the Eversource Contractors completed their work and have installed two

beautiful new parking lots for folks to access the Tri-Town Trail (Preston Plains Park to

Bluff Point). He stated one parking lot was located by the Preston Plains Park and one

parking lot was behind the old Clark Farm near the red steel building. He stated the

construction of the parking lots were an impact payment to the town for when they had to

close the Tri-Town Trail for the power line upgrades; (2) Emergency Management

Performance Grant (EMP) - Mayor Allyn stated the town once again submitted their

Application for the EMP Grant. He stated this grant funding was used to pay for the

Director of Emergency Management’ salary; (3) Prescription Take Back Day October 28,

2023- Mayor Allyn stated he recorded a radio commercial for the Ledyard Prevention

Coalition for the upcoming “Take It To The Box Campaign”. He stated this would take

place in front of the Ledyard Police Department, noting that last year they took back over

60-pounds of unused prescription medications. He stated that there was a Box in Police

Department Lobby all year for folks to drop off unused medications any time. He stated it

was especially important to Take It To the Box for a community like Ledyard where they

have a lot of septic systems, noting that they do not want to be flushing these chemicals

down the toilet and into their yards; (4) Legislative Working Group - Taxation at Tribal

Reservations Meeting - Mayor Allyn stated September 19, 2023 was the Working Group’s

second meeting, noting that the next meeting was scheduled for October 17, 2023 in

Hartford. He stated that both Ledyard and Montville would be giving a presentation on

what the taxation means to the towns. He stated at the Tribal Reservations there was no

taxation on the buildings of any kind or on the land. He stated there was tax on the

business property that was on the Reservation, such as the Niki Outlet, California Pizza

Kitchen, Dunkin Donuts, etc.; (5) United Way Partner Town of the Year - Mayor Allyn

stated Ledyard was presented with the “United Way Partner of the Year Award”. He

stated the Library, Town Hall and the Rotary Club all worked with United Way this year,

noting that they had a great year, in part because of the Ledyard’s volunteers, and

willingness to help; (6) Fiscal Year 2022/2023 Year End - Mayor Allyn noted as

Councilor Saums mentioned during his Finance Committee report earlier this evening, the

Fiscal Year 2022/2023 was closed out on October 3, 2023. He stated the Town ended the

year with a 0.55% surplus, which was about one half of one percent on a $64 million

budget, noting that this was outstanding; (7) Housing Rehabilitation Program - Mayor

Allyn stated the Housing Rehabilitation Program provided no interest loans to residents

that qualified within the income limits for critical home improvements such as heating

system, septic system replacements and roof replacements. He stated a lien would be

placed on the property and once the property owner paid the funds back to the Town of

Ledyard that those funds would then become available to be loaned to another qualifying

resident. He stated Ledyard issued three more loans this week, and he noted in two-weeks

that they would have another bid opening for three more homeowners. He stated it was a

busy time of year, noting that several of the funding requests were for heating systems,

noting that they would want to get these done before the winter; (8) Eagle Scouts - Mayor

Allyn stated on Saturday October 7, 2023 and on Sunday, October 8, 2023 he presented

Proclamations to two new Eagle Scouts. He congratulated Mr. Kyle Caswell - Troop-12;

and Mr. Shawn Herren -Troop -16 for their hard work and accomplishments; (9)

School(s) Consolidation/Improvement Projects (Middle School & Gallup Hill School) -

Mayor Allyn stated today he along with Finance Director Matthew Bonin met with State

Senator Cathy Osten and all of Ledyard’s State Representatives regarding the State’s

Project Audit and their reimbursement for these School Projects. He noted the State

currently owed Ledyard $8 Million plus $2 Million in retainage. He stated because the

Town has had to continuously do Short-Term borrowing to pay the bills for the school

projects, as they were waiting for the State conduct their Project Audit and release the

Grant funding that was owed to Ledyard, that it was costing their taxpayers a fortune in

interest costs and borrowing costs. He stated Certificates of Occupancy were issued for

both the Middle School and Gallup Hill School in August 2019; however, the Town was

still waiting for the State to pay them the Grant Funding. He explained that the State has

told the Town to submit its Final Audit Paperwork and that they would pay them.

However, he stated the problem was that there were other towns that have had their

schools in the State’s Audit Process for over ten-years. He stated if Ledyard had to wait

ten-years for the $8 Million plus the $2 Million in retainage from the State that it would

cost about $4.5 Million of interest expenses that the State would leave the Town holding

the bag for. He stated Ledyard made a very clear case to their State Delegation that the

Town was due this Grant Funding now, before they have to renew their Short-Term

Borrowing (BAN’s Bond Anticipation Notes) again in May, 2024. He stated their State

Delegation will have to go the Department of Administration Services (DAS) and try to

make the case for the Town. However, he stated that Ledyard was not backing down,

because this was too important for the town and its taxpayers.

Questions to the Mayor - None.

RESULT:

XIII. OLD BUSINESS

None.

XIV. NEW BUSINESS

CONSENT CALENDAR

MOTION to approve appropriations from the receipt of sales of vehicles and equipment through

GovDeals in the total amount of $23,820.61 as follows:

*1.

$415.00 to Sawmill Donations Account #20810201-54202-24202

$13,351.00 to the Police Vehicles CNR Account #21020101-57510

$885.00 to the Public Works Light Equipment CNR Account #21040101-57314

$1,609.00 to the Board of Education Reserve Fund CNR Account #21070101-58250; and

$7,560.61 to the Board of Education Ag-Science CNR Account #21070101-58261

APPROVED AND SO DECLARED

RESULT:

MOTION to approve two tax refunds in the combined total amount of $19,287.46 with each

exceeding $2,400.00 in accordance with tax collector departmental procedures.

*2.

Good Essen - Foxwoods LLC

$5,882.69

$13,404.77

Approve the Consent Calendar

Moved by Councilor Ingalls, seconded by Councilor Irwin

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Andra Ingalls

RESULT:

MOVER:

Whit Irwin

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

Administration Committee

MOTION to adopt a proposed "An Ordinance Concerning Liability Pertaining To First

Responders Providing Emergency Assistance" as contained in the draft dated July 17, 2023.

*3.

DRAFT: 7/19/2023

Ordinance #

AN ORDINANCE

CONCERNING LIABILITY PERTAINING TO

FIRST RESPONDERS PROVIDING

EMERGENCY ASSISTANCE

Be it ordained by the Town Council of the Town of Ledyard: “An Ordinance Concerning Liability

Pertaining To First Responders Providing Emergency Assistance” is hereby enacted.

Section 1:

Authority

Pursuant to provisions of Connecticut General Statutes 52-557(b) “Good Samaritan Law”.

Section 2. Exempt from Liability

The Good Samaritan Law exempts the Town of Ledyard from liability; and its agents from liability,

including paid and volunteer firefighters, police officers, emergency medical services personnel in

providing emergency services to people in need.

This includes protection from civil liability for damages as a result of forcible entry believing

that a person inside is in need of assistance or first aide.

Section 3 . Severability.

If any section, or part of a section, of this Ordinance shall be held by a court of competent

jurisdiction to be invalid, such holding shall not be deemed to invalidate the remaining provisions

hereof.

Section 4. 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.

Adopted by the Ledyard Town Council on: _______________

__________________________

Kevin J. Dombrowski, Chairman

Approved / Disapproved on: ___________

__________________________

Fred B. Allyn, III, Mayor

Published on:

Effective Date:

_________________________

Patricia A. Riley, Town Clerk

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

Background: There has been some incidents for which the Town received a bill for damages due to

the breaching of a home in responding to an Emergency 911 Call and in concern for the wellness of

the individual and in concern that the individual could have been unconscious and laying on the

floor.

The Town decided to cite the “Good Samaritan Law” in an Ordinance to clearly state that the town

as a non-profit and their agents were exempt from liabilities.

Moved by Councilor Ingalls, seconded by Councilor Irwin

Discussion: Councilor Ingalls noted the Town Council held a Public Hearing regarding the

proposed new Ordinance titled “An Ordinance Concerning Liability Pertaining To First

Responders Providing Emergency Assistance” on September 27, 2023. She stated the

Ordinance was drafted to mirror State Statute, that protected our emergency services volunteers

and personnel from being liable for damage done when they had to breach a door to reach a

person who may be in distress.

Councilor Ingalls went on to explain that there have been some incidents where the Town

received a bill for damages related to first responders breaching the door of a home in

responding to an Emergency 911 Call. She noted an incident in which a person called

Emergency Dispatch Services on behalf of a friend who needed emergency medical help. She

stated the Emergency Services responded to the Emergency 911Call however, when they arrived

at the resident’s home their vehicle was in the driveway, but there was no response at the door,

and the house was locked. She stated the Emergency Services looked into the house and being

concerned for the wellness of the individual; they breached the door. However, she stated as it

turned out, the individual was not in the home, because the friend, who had made the 911-Call

had already come and collected the individual and took them to the Emergency Room. However,

she stated when the Emergency Services arrived at the home they did not know this, noting that

the individual could have been unconscious and laying on the floor; and she noted time was of

the essence in responding to an emergency call. She stated under these circumstances these were

Emergency Services personnel doing their job in good faith efforts to help someone.

Councilor Ingalls noted Connecticut General Statutes 52-557(b) “Good Samaritan Law” exempted

non-profits and first responders from liability in responding to and in providing emergency

assistance. She stated the new proposed Ordinance cited CGS 52-557(b) and was consistent with the

language provided in the Connecticut Good Samaritan Law. She stated by the town adopting the

proposed Ordinance that they were bringing this law to public’s attention.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Andra Ingalls

RESULT:

MOVER:

Whit Irwin

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

MOTION to adopt a proposed “An Ordinance Establishing Tax Relief for Certain Modified

Handicap Accessible Vehicles” as contained in draft dated July 31, 2023.

*4.

DRAFT: 8/23/2023

Ordinance #200 -________

AN ORDINANCE

ESTABLISHING TAX RELIEF FOR

CERTAIN MODIFIED HANDICAP ACCESSIBLE VEHICLES

IN THE TOWN OF LEDYARD

Be it ordained by the Town Council of the Town of Ledyard: “An Ordinance Establishing Tax

Relief for Certain Modified Handicap Accessible Vehicles in the Town of Ledyard” is hereby

enacted.

Section 1:

Authority

Pursuant to provisions of Chapter 203 of the Connecticut General Statutes § 12-81c

“Municipal option to exempt certain motor vehicles”.

Section 2: Purpose

Individuals who have permanent legal residence in the town defined as those who occupy that

property as their principal residence at least 183 days of each year, and who individually or jointly

own a motor vehicle for the use of a disabled person as described herein, may receive a town tax

exemption on the amount of taxes assessed on said motor vehicle provided that the requirements of

this Ordinance are met.

Section 2: Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

(a) Adaptive Control Devices: Includes, but shall not be limited to, any mechanical or electrical

devices added to a standard motor vehicle to enable an individual with mobility restrictions

to control the accelerator, foot brake, turn signals, dimmer switch, steering wheel and/or

parking brake.

(b) Motor Vehicle: A vehicle that has been altered, reconfigured or has undergone mechanical or

structural changes that permit a person with a disability to safely drive such vehicle or ride

as a passenger therein. Motor Vehicle shall include, but shall be limited to, vehicles

equipped with hand controls, hoists, lifts and other adaptive control devices.

Section 3: Eligibility

Any individual who is a resident with disabilities or parent or guardian of a person with

disabilities and owns a motor vehicle described herein shall be eligible for exemption of the

personal property taxes for one said motor vehicle.

Section 4: Exemption

The town hereby ordains, pursuant to Connecticut General Statute § 12-81c, that an exemption

from personal property taxation for the following:

(a)

Any ambulance-type motor vehicle that is used exclusively for the purpose of transporting

any medically incapacitated individual, except for any such vehicle used to transport any

such individual for profit; and

(b)

(c)

Any property owned by nonprofit ambulance company; and

Any motor vehicle owned by a person with disabilities or owned by the spouse, parent or

guardian of such person, which vehicle is equipped for purposes of adapting it use to the

disability of such person.

Section 5: Application

Applications for benefits under this program shall:

(Bae) made on forms provided by the Assessor Office of the town; and

(b )Be filed with the Asses’ssoOr ffice of the town by October 1st to obtain a tax exemption for the next

fiscal year.

(Tch)is program shall be applicable to the assessment year commencing with the grand list of October

1, 2023 and thereafter until modified or repealed.

Section 6 . Severability.

If any section, or part of a section, of this Ordinance shall be held by a court of competent

jurisdiction to be invalid, such holding shall not be deemed to invalidate the remaining provisions

hereof.

Section 7. 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.

Adopted by the Ledyard Town Council on: _______________

__________________________

Kevin J. Dombrowski, Chairman

Approved / Disapproved on: ___________

__________________________

Fred B. Allyn, III, Mayor

Published on:

Effective Date:

_________________________

Patricia A. Riley, Town Clerk

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

Background: This Ordinance was enacted in response to a resident’s appeal for relief from

personal property tax for Modified Handicap Accessible Vehicles that complied with and was

in accordance with Connecticut General Statutes § 12-81c “Municipal option to exempt certain

motor vehicles”.

Moved by Councilor Ingalls, seconded by Councilor Marshall

Discussion: Councilor Ingalls stated on September 27, 2023 Public Hearing was held regarding the

new proposed “An Ordinance Establishing Tax Relief for Certain Modified Handicap Accessible

Vehicles”. She explained that the Ordinance was drafted in response to a resident’s July 26, 2023

request asking that the Town Council consider adopting an Ordnance to provide a tax exemption for

Modified Handicapped Accessible Vans in accordance with Connecticut State Statutes 12-81c. She

stated the proposed Ordinance was not for vehicles that had a “Handicap Permit”.

Councilor Ingalls went on to state the resident who brought the available tax abatement to the Town

Council’s attention was purchasing a Modified Handicapped Accessible Van which had been

specifically fitted to accommodate the physical needs of a driver, which cost about $90,000. She

noted that Tax Assessor Adrianna Hedwall reported that the tax relief for this particular family was

about $2,000. She stated that she believed that she could speak for the whole Town Council, noting

that they were impressed by the presentation, noting that the resident did his homework and brought

them information. She stated the Town Council felt that drafting the new proposed Ordinance was

the right thing to do.

Councilor Saums stated there were very few vehicles in town that would fit this type of description,

and therefore, the cost to the taxpayers was minimal. He also noted that the cost to the revenue side

of the budget was also minimal, noting as Councilor Ingalls stated it feels like this was the right

thing to do.

Chairman Dombrowski stated a normal person would most likely not buy this type of vehicle, noting

that after they purchased a $44,000 vehicle, they would then have to extensively modify it at a cost

of about $90,000 in modifications to enable the vehicle to be lowered to allow an electric wheelchair

to be driven onto the ramp and then lifted backup so the person could get into the vehicle, along

with other modifications/upgrades. He stated these were the types of costs that most people do not

have to spend on a vehicle. He stated providing this tax relief was the right thing to do, noting that

other towns, such as Groton, Montville, New London, Stonington, North Banford, etc.currenlty

provide tax relief noting that it was allowed by State Statutes 12-81c.

Councilor Ingalls noted that it was the Dealership that informed the resident when they were

purchasing the van and making the modifications that some towns provided tax relief for

handicapped modified vehicles. She stated that she was grateful that this tax relief benefit was

brought to the Town Council’s attention.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Andra Ingalls

RESULT:

MOVER:

John Marshall

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

MOTION to adopt proposed amendments to Ordinance #300-012 (rev. 2) “An Ordinance

Concerning Blight and Public Nuisance for the Town of Ledyard” as presented in the draft dated

August 14, 2023.

*5.

DRAFT: 8/14/20239/27/2023

Ordinance #300-012 (rev -2-1)

AN ORDINANCE

CONCERNING BLIGHT AND PUBLIC NUISANCE

FOR THE TOWN OF LEDYARD

Section 1. Purpose/Declaration

It is hereby found and declared that there exist in the Town of Ledyard a number of blighted

properties and that continued existence of blighted properties constitutes a continuing nuisance and

contributes to the decline of our neighborhoods. Existence of blighted properties adversely affects

the economic well-being of the Town of Ledyard.

Section 2. Authority

This Ordinance is enacted pursuant to the Connecticut General Statutes (C.G.S.), Section 7-148(c)

(7) and Section 14-150a. This Ordinance is to be enforced as a blight ordinance, pursuant to Section

7-148(c)(7)(H)(xv), and as a nuisance ordinance, pursuant to C.G.S. Section 7-148(c)(7)(E).

Section 3. Scope of Provisions

Many of the blighted properties may be rehabilitated, reconstructed, demolished, cleaned up,

groomed, maintained, returned to satisfactory condition or reused to provide decent, safe, sanitary

housing or commercial facilities. Such rehabilitation, reconstruction, demolition, cleanup or reuse

of the blighted and nuisance properties would eliminate, remedy and prevent adverse conditions.

This Ordinance shall apply to the maintenance of all properties now in existence or hereafter

constructed, maintained, or modified but shall exclude: agricultural lands as defined in Section

22-3(b) of the Connecticut General Statutes, land preserved in its natural state through conservation

easements, or areas designated as inland wetlands and watercourses.

Section 4. Definitions

For the purpose of this Ordinance, the following words, terms and phrases shall have the following

meanings, unless the context indicates otherwise:

A. Legal Occupancy - Occupancy in accordance with state building, state fire, local zoning, or all

other pertinent codes and Connecticut General Statutes.

New Owner Or New Occupant - Per PA 12-146(3)(b , "new owner" means any person or entity who

has taken title to a property, and “new occupant” means any person who has taken occupancy of

a property, within thirty days of the notice, of violation and reasonable opportunity to

remediate required by C.G.S. 7-148 ( c) (7)(h)(xv).

C. Dilapidated - Any building or structure or part thereof that would not qualify for a Certificate of

Occupancy or which is deemed an unsafe structure as defined in the Connecticut State Building

Code, or any dwelling or unit which is designated as unfit or unsafe for human habitation as

defined by the Connecticut Health Code.

D Abandoned Motor Vehicle or Marine Vessel - Any motor vehicle or marine vessel which has the

appearance that the owner has relinquished control without the intent of reclaiming it including

but not limited to, a vehicle or marine vessel with no marker plates, or one which is

unregistered, damaged, vandalized, dismantled, partially dismantled, inoperative or in such

condition as to be unusable as a motor vehicle.

Abandoned Property - Any real property on which there is a vacant structure and on which (1) real

property taxes have been delinquent for one year or more and orders have been issued by the

Fire Marshal, Building and Zoning Official or Health District and there has been no compliance

with these orders within the prescribed time given by such official or within 90 days, whichever

is longer, (2) the owner has declared in writing to the Building and Zoning Official that the

property is abandoned or (3) there has been a determination by the Zoning Official, in

accordance with this Ordinance, that the vacant structure contributes to blight.

F. Blighted Property -Any building, structure or parcel of land in or on which at least one of the

following conditions exists:

1. It is dilapidated as documented by the Building and Zoning Official.

2. It is being used for or used as storage or harbor for illegal activity as documented by the

Police Department, including criminal activities per investigations, arrest warrant

applications and actual arrest convictions.

3. It is a fire hazard as determined by the Fire Marshal or as documented by the Fire

Department.

4. The condition of the building, structure or parcel of land constitutes an unsafe structure as

defined by the Connecticut Building Code and poses a serious or immediate danger to the

safety, health or general welfare of the community as documented by the Building and

Zoning Official or by the Health District.

5. It is not being adequately maintained, as determined by the following factors:

a. missing or boarded windows or doors, collapsing or missing walls, roof or floors,

b. seriously damaged or missing siding, or the building is otherwise dilapidated,

c. a structurally faulty foundation, fire damage, or physical hazards,

d. rodent harborage and infestation, improper storage of garbage, trash, rubbish, discarded

household appliance or furniture, tires, discarded motor vehicle parts,

e. an overgrown plot of grass, customarily tended or mowed, adjacent to and/or part of a

residence, business, commercial entity, or estate, wherein the grass has not been mowed

and has grown to at least nine inches in length,

f. peeling or chipping paint exceeding thirty-three percent (33%) of the structure’s total

exposed surface area.

6. Any unregistered, abandoned or inoperable motor vehicle or marine vessel located on a

parcel of land for a period exceeding 30 days.

Exceptions:

a. Vehicles or marine vessels under cover. One unregistered motor vehicle or marine vessel being

offered for sale by the owner or tenant provided said motor vehicle or vessel does not remain on the

same property for a period exceeding 60 days

b. Motor vehicles located on a property of a business enterprise lawfully licensed by the

Town of Ledyard and Connecticut Department of Motor Vehicles.

c. Any motor vehicle, which is in operable condition specifically adapted or designated for

operation on drag strips or raceways.

d. Any inoperable or unregistered motor vehicle or marine vessel being actively restored to

operating condition provided:

i. Only two such vehicles or vessels shall be allowed at one time on the property

in question.

ii. Parts used in the restoration must be stored in the vehicle or marine vessel or in a

structure.

iii.Such motor vehicles or marine vessels shall be covered and secured with a cover or tarp,

provided the tarp is securely attached whenever work is not being done on them.

iv. The brush and growth under and around the motor vehicle(s) or marine vessel(s) shall be

controlled and mowed.

7. It creates substantial and unreasonable interference with the reasonable and lawful use and

enjoyment of other space within the neighborhood as documented by neighborhood

complaints, which complaints have been independently substantiated.

8. Its inadequate maintenance or dilapidated condition has led to the cancellation of insurance

on proximate properties.

9. Its inadequate maintenance or dilapidated condition has materially contributed to a decline

or diminution in property values on proximate properties.

10. It is adjacent to a sidewalk, for which the property’s owner, agent, tenant or responsible

person is responsible for maintaining safe conditions for the use of the public pursuant to

ordinances and regulations of the Town of Ledyard, and its sidewalk is in any way

obstructed by or littered with any substance, including trees, bushes, overgrowth, leaves,

gravel, dirt, rubbish, garbage, bulky waste or trash, which would in any way impede or

imperil public travel upon said sidewalk or render it unsafe.

11. It attracts or harbors rodents, insects, vermin or disease-carrying animals.

G. Building and Zoning Official - Building Official as defined in C.G.S., Section 29-260.

H. Citation Hearing Committee - The Mayor shall appoint one or more Citation Hearing

Officer(s), as defined in and pursuant to C.G.S., Section 7-152c to serve on the Citation

Hearing Committee.

Enforcement Officer - The Enforcement Officer(s) are those authorized by the Mayor to

take such enforcement actions and to issue citations as specified in this Ordinance.

J. Exempt Property - Any property acquired by the Town of Ledyard through foreclosure,

eminent domain, or by a deed in lieu of foreclosure would be exempt from the

provisions of this Ordinance only during the first six (6) months following the date of the

foreclosure, and any building or structure undergoing remodeling being diligently

conducted and pursued under an active building permit would only be exempt during

such remodeling period.

K. Inoperable Motor Vehicle or Marine Vessel - Any motor vehicle or marine vessel that is

incapable of performing the function for which it was designed by virtue of missing parts

or broken or severely damaged components.

L. Marine Vessel - A ship, boat or other craft used in water navigation

Motor Vehicle - Any device propelled by any power other than human power that is or

was capable for the conveyance, drawing or other transportation of person or property

and is suitable for operation on a highway. Excepted are agricultural tractors or farm

implements.

Neighborhood - An area of the Town of Ledyard comprised of premises or parcels of land any

part of which is within a radius of 800 feet of any part of another parcel or lot within the

Town of Ledyard.

O. Public View - Visible from any public right of way or neighboring property.

P. Sidewalk. Any public way adjacent to streets, highways and those public rights of ways

used for vehicular traffic that are used for pedestrian traffic.

Q. Under Cover Completely enclosed in a garage or other building serving the same purpose

of a garage.

R. Unregistered Motor Vehicle or Marine Vessel Any motor vehicle or marine vessel that in

its present condition is able to be registered but does not have a valid registration.

S. Vacant - A period of sixty (60) days or longer during which a building subject to this

Ordinance is not legally occupied. Vacant status in and of itself does not constitute a

blighted building.

Section 5. Designation of Blighted Property

A. The Enforcement Officer(s) shall be responsible for determining whether a property which

comes to the attention of the Town, whether through written complaint or through the

normal operations of the Town, is blighted according to the definitions in this

Ordinance.

B. The Enforcement Officer(s) shall investigate and document conditions of blight, if any, and

file a written report with the Mayor or his/her designee. The Enforcement Officer’s

report shall state whether or not the property is a blighted property within the meaning of

this Ordinance. Such report shall be kept by the Town and may be available to the

property owner upon request.

Section 6. Property Owner Notification

1. Whenever the Town of Ledyard identifies a blighted premises, written notice of the violation

shall be given to the owner and/or the occupant of the property, by posting a notice of the

violation in a conspicuous location at the blighted premises, and delivering a copy of the

notice of the violation to an owner, either by hand delivery or by mail. Said notice shall

specify that the owner or occupant has seven days, from the date notice was posted and

mailed, to remediate the blighted conditions, or the Town will take enforcement action. In

the case of an unidentified owner or one whose address is unknown, the Enforcement

Officer shall publish a notice in in a local newspaper stating the property is cited for blight

and, if applicable, whether the property has been determined to be abandoned.

The notice shall contain the following information:

a. The address of the affected property.

b. The exact nature of the violation.

c. The time allowed for corrective action shall be in accordance with CGS 7-148.

d. The penalty for continued violation of this Ordinance.

e. The availability of a hearing procedure before the Blight Appeals Committee pursuant to

CGS 7-152c; and

f. The penalty for violation of this ordinance shall be $100 for each day that a violation

continues.

2. Prior to the expiration of the seven-day period specified in subsection (A) 6-1of this section, the

property owner may request additional time for remediation. The Enforcement Officer may

determine an alternate timetable of a reasonable length of time, if warranted. Such timetable

will be in writing and must be signed by both the Enforcement Officer and the property

owner. Failure to comply with the agreed upon timetable will make the property owner

liable for retroactive fines and penalties as designated in Section 7, 8 subsections (A) and

(B).

3. After the expiration of the seven-day period specified in subsection (A) 6-1 of this section and

without the alternate timetable specified in subsection (B) above, the Town of Ledyard,

through its designated agents, may enter blighted premises during reasonable hours for the

purposes of remediating blighted conditions, provided neither the Town of Ledyard, nor its

designated agents, enter any dwelling house or structure on such property. Costs associated

with the remediation of blight may be recovered by the Town in accordance with C.G.S.

Section 49-73(b).

Section 7. Creation or Continuation of Blighted Property Prohibited

No person, firm or corporation, no owner, agent, tenant, operator, possessor of real property, and no

other person responsible for the care, maintenance and/or condition of real property, shall cause or

allow any blighted property, as defined in Section II 4 of this Ordinance, to be created or continued.

Section 8. Enforcement: Criminal Violations And Civil Penalties

A. Criminal Violations: Pursuant to C.G.S. 7-148 (c) (7) (H) (xv), any person or entity who, after

written notice and a reasonable opportunity to remediate blighted conditions as specified in

Section 6-1(A) of this Ordinance, willfully violates Section 4 7 of this Ordinance, may be

fined by the State of Connecticut not more than two hundred and fifty dollars ($250.00) for

each day for which it can be shown, based upon an actual inspection of the property on each

such day, the blighted conditions continued to exist after written notice to the owner or

occupant, as provided in Section 6-1 (A). This section is designated as a violation pursuant

to C.G.S. 53a-27.

1. No person or entity shall be found guilty of a violation pursuant to Section 7 8(A) and a civil

penalty pursuant to Section 7 8(B) of this Ordinance for the same occurrence.

2. Any person who is a new owner or occupant shall, upon request, be granted a thirty-day

extension of the notice and opportunity to remediate, provided pursuant to Section 6-1 (A),

prior to imposition of a fine; if the blight is remediated during said extension, the case shall

be dismissed.

B. Civil Penalties: Any person or entity who fails to comply with Section 4 7 of this ordinance,

and, thereafter, fails to remediate the blighted conditions within five days of the notice

provided pursuant to Section 6-1 (A) may be assessed a civil penalty for each building,

structure or parcel of land in violation of this Ordinance. The amount of the civil penalty

shall be one hundred dollars ($100.00) per day. Each day a building, structure or parcel of

land remains in violation of this Ordinance shall constitute grounds for the assessment of a

separate civil penalty. The issuing officer shall deliver written notice of the civil penalty,

either by hand delivery or by mail, to the owner or occupant responsible for the blighted

premises. Said notice will include the nature of the violation and the penalty being assessed.

1. Penalties assessed pursuant to subsection (B) of this section shall be enforceable by citation

pursuant to C.G.S. Section 7-152c.

2. Persons or entities assessed a penalty pursuant to subsection (B) of this section shall remit

fines for said violation within ten (10) days of the mailing of notice thereof. The fine

imposed shall be payable to the Town of Ledyard. Uncontested payments received pursuant

to this subsection shall be inadmissible in any proceeding, civil or criminal, to establish the

conduct of the person or entity making the payment.

Section 9. Civil Penalty Citation Hearing Procedure

A. Notification of right to hearing. At the time that the civil penalty is assessed, the property owner

shall be notified in writing of the availability of a hearing before the Citation Hearing

Officer to contest the determination of blight and/or the assessed penalty. Specifically, the

property owner will be notified:

1. that the owner may request a hearing to contest the determination of blight and/or

the assessed penalty,

2. that the owner must provide a written request for such a hearing within ten days of the

date of notification,

3. that if the property owner does not demand such a hearing, an assessment and judgment

shall be entered against the property owner

4. that the judgment may be issued without further notice.

B. Rights of the Respondent

1. Admission of Liability. If the property owner who is sent notice pursuant to subsection

(A) above wishes to admit liability for any alleged violation, the owner may, without

requesting a hearing, pay the full amount of the fines, penalties, costs or fees

admitted to in person or by mail in accordance with Section 7 8 (A) (2) above and

remediate the blighted property. Payment shall be inadmissible in any proceeding,

civil or criminal, to establish the conduct of the property owner making the payment.

2. Constructive Admission of Liability. Any person or entity who fails to deliver or mail

written demand for a hearing within ten days of the date of the first notice provided

for in subsection A above shall be deemed to have admitted liability, and the

Citation Hearing Board Blight Enforcement Officer shall certify the property

owner’s failure to respond to the Citation Hearing Board. The Citation Hearing

Board shall thereupon enter and assess the fines, penalties, costs or fees provided for

in this ordinance including per diem penalties retroactive to the original date of

expected remediation as specified in Section 6-1 (A) and shall follow the procedures

set forth in Section 8 9 (C) of this ordinance.

3. Right to Hearing. Any person or entity who requests a hearing shall be given written

notice of the date, time and place for the hearing. The hearing shall be held not less

than fifteen days, nor more than thirty days, from the date of the mailing of notice,

provided, the Citation Hearing Board may grant, upon good cause shown, any

reasonable request by any interested party for continuance.

Formal Hearing Procedure. The Citation Hearing Officer shall preside over a hearing which

shall be held in the manner outlined in Connecticut General Statutes, Section 7-152c. The

Citation Hearing Officer shall render the decision in writing and file it within five days with

the Enforcement Officer, the Mayor, and send it by certified mail, return receipt requested,

to the property owner or other responsible person and to all parties in the proceedings. The

Citation Hearing Officer may decide one of the following:

1. Dismissal. If the Citation Hearing Officer determines that the respondent is not

liable, the Citation Hearing Officer shall dismiss the matter, and enter the

determination in writing.

2. Finding of Liability: Assessment. If the Citation Hearing Officer determines that the

respondent is liable for the violation, the Citation Hearing Officer shall enter and

assess the fines, penalties, costs or fees against the respondent, as provided by the

Section 7 8 (A) including per diem penalties retroactive to the expected date of

remediation as set forth in Section 5 (A) 6-1.

D. Notice of Assessment; Effect.

1. Assessments must be paid to the Town of Ledyard within 10 days of receipt of the

Citation Hearing Officer’s determination.

2. Not less than thirty days, but not more than twelve months, after the mailing, as set forth

in subsection (D) (1) above, the Citation Hearing Officer shall file a certified copy of

the notice of assessment with the clerk of a Superior Court designated by the Chief

Court Administrator (as of the date of adoption hereof, the New London

judicial district civil courthouse), together with the appropriate entry fee. The

certified copy of the notice of assessment shall constitute a record of assessment.

Within the twelve-month period, assessments against the same person may be

accrued and filed as one record of assessment.

a. Entry of judgment. The court clerk shall enter judgment in the amount of the record

of assessment, and court costs, allowed by the General Statutes, in favor of the

Town pursuant to C.G.S. 7152(c).

b. Effect of judgment; levy of execution permitted. Notwithstanding any provision of

the General Statutes, the Citation Hearing Officer's assessment, when so entered

as a judgment, shall have effect of a civil monetary judgment, and a levy of

execution on the judgment may issue without further notice, to the respondent.

E. A decision of the Citation Hearing Officer may be appealed to Superior Court in accordance

with the provisions of C.G.S., Section 7-152c(g).

Section 10. Failure to Respond to Citation

A. If the property owner, agent, tenant or responsible person fails to respond to the citation of blight

or is unwilling or unable to rehabilitate, demolish, groom, or maintain the blighted property

according to the provisions of this Ordinance, the Town may:

1. Take the necessary steps to acquire blighted properties, which have been certified by the

Building and Zoning Official to be abandoned pursuant to the Urban Homestead Act of the

Connecticut General Statutes.

2. Take the necessary steps to acquire and rehabilitate the blighted premises in accordance with the

Town of Ledyard Plan of Conservation and Development.

3. Take the necessary steps to acquire blighted properties using other state or federal means as they

may be available.

Section 11. Removal of Abandoned, Inoperable or Unregistered Motor Vehicles

For all properties declared blighted properties within the meaning of this Ordinance as a result of the

presence of an abandoned, inoperable or unregistered motor vehicle, which blighted condition has

remained in effect for thirty (30) days or which motor vehicle has remained abandoned, inoperable

or unregistered on site for thirty (30) days after:

1. Notice by hand delivery or by certified mail, return receipt requested, to the last known address

of the owner of the property on which such motor vehicle remains, or the owner of the

abandoned motor vehicle, if different from the owner of the property requesting the removal of

such motor vehicle; and

2. Notice in a newspaper having a general circulation in the Town of Ledyard.

The Chief of Police may provide for the removal and storage of said motor vehicle or parts

thereof. The costs of the removal and storage of said motor vehicle or parts thereof and the costs

of notices shall be borne by the owner of the property from which the motor vehicle or parts

thereof are removed or, if the owner of the property is not the owner of the abandoned motor

vehicle, by the owner of the abandoned motor vehicle.

Any motor vehicle that is removed pursuant to this Ordinance may not be returned to the same

property unless it has been made operable and has been registered.

If the costs of the removal and storage of the motor vehicle remain unpaid for a period of thirty

(30) days, the Chief of Police may order the motor vehicle or parts thereof sold at public auction

and no such public auction shall occur without being sent, certified mail, return receipt

requested, to the owner of the property involved or, if the owner of the property is different from

the owner of the motor vehicle, the motor vehicle is to be auctioned and the proceeds of the

auction applied to the cost of removal and storage. Notice of the auction shall be published in a

newspaper having circulation in the Town of Ledyard at least ten (10) days prior to said auction

date. The proceeds of such sale will be used by the Chief of Police to defray the costs of

removal, storage and notice. If there should be any money left over after the payment of said

costs, the excess proceeds shall be turned over to the owner of the property involved, or if the

owner of the property is different from the owner of the abandoned motor vehicle, or if neither

property is known, said funds shall be deposited in the General Fund of the municipality.

Any person aggrieved by a notice requesting the removal of a motor vehicle or by the removal of

same may, within 15 days of receipt of notice, appeal said ruling to the Citation Hearing Officer.

Said appeal shall be heard and appeals may be taken from any such hearing in accordance with

the procedures as set forth in the C.G.S., Section 7152c.

Section 12. Collection of Fines Imposed and Costs Incurred

A. All fines imposed for violation of this Ordinance shall be payable to the Town of Ledyard and

deposited in the General Fund.

B. Upon petition of the property owner, the Town Council may waive and release the penalties and

liens (excluding motor vehicle violations) if:

1. The Town of Ledyard acquires the property; or At the time of the sale of the blighted property,

in the Town Council’s opinion, the buyer has the financial ability and intention and has

indicated in writing to the Town Council his, her,

1. or its intent to immediately rehabilitate the blighted property. Failure to rehabilitate the blighted

property, within the agreed upon timeframe will result in reinstatement of the previous

penalties and liens as well as accrual of additional penalties and liens from the date of the

waiver.

C. Pursuant to C.G.S., Section 7-148aa, any unpaid fine imposed pursuant to this Ordinance shall

constitute a lien upon the real estate against which the fine was imposed from the date of

such fine. In addition, pursuant to C.G.S. 49-73, any expenses incurred by the Town

pursuant to this Ordinance shall be subject to a lien. Said lien may be foreclosed upon and

enforced in the same manner as property tax liens. The Town of Ledyard Tax Collector is

hereby empowered to place a lien on the land records in the manner as specified by

Connecticut General Statutes provided a copy of said lien is mailed by first class mail to the

owner as set forth on the most recent tax assessment list.

Section 13.

Municipal Abatement

In any action to enforce this Ordinance or to enforce any violation hereof, including the failure to

pay a fine or penalty, the Town of Ledyard may recover its costs, any and all fines provided for

herein, equitable and legal relief, along with any reasonable attorney fees and its witness fees and

such other relief as permitted by law.

Section 14.

Administrative Responsibility

The Enforcement Officer(s) may prescribe administrative procedures necessary for the purpose of

effectuating this Ordinance, which procedure shall be approved by the Town Council.

Section 15.

Severability

If any section, or part of a section, of this Ordinance shall be held by a court of competent

jurisdiction to be invalid, such holding shall not be deemed to invalidate the remaining provisions

hereof.

Section 16. Violation

A violation of this Ordinance is a public nuisance.

Section 17.

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 by the Ledyard Town Council on: ___________

______________________________

Kevin J. Dombrowski, Chairman

Approved / Disapproved on: _________

______________________________

Fred Allyn, III, Mayor

Published on:

Effective Date:

______________________________

Patricia A. Riley, Town Clerk

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

Revision: Ordinance #130 “Town of Ledyard Blight Ordinance” Adopted March 12, 2013;

Ordinance #300-012 “Town of Ledyard Blight Ordinance” Renumbered September 25, 2019;

Ordinance #300-012 (rev.1) “Town of Ledyard Blight Ordinance” Amended and Adopted October

23, 2019.

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

Ordinance #130 “Town of Ledyard Blight Ordinance” to Ordinance #300-012. No changes were

made to the Ordinance (Town Council September 25, 2019 meeting). to Ordinance #300-012

(rev.1).

No changes were made to the Ordinance (Town Council September 25, 2019 meeting).

2013: Ordinance #130 “Town of Ledyard Blight Ordinance” was adopted after several years of work

and debate. The intent of the Ordinance is to protect property values by providing the town with

another tool to deal with problem properties in town, such as foreclosed properties/bank owned

properties that have not been maintained for years. The Ordinance provides the town with a tool to

request the bank mow the grass, trim the hedges, etc., because the neighbors are affected by the

unmaintained property. The Ordinance also enabled the Town to request certain commercial and

industrial properties be cleaned up and be maintained. The intent of the Ordinance is not intended to

cause conflict between neighbors.

2019: The “An Ordinance Concerning Blight and Public Nuisance for the Town of Ledyard” was a

complete rewrite of the Town of “Ledyard Blight Ordinance”, to more clearly define the intent.

2023: Minor edits were made to correct Section references and in Section 9 B(2) correct from

“….and the Citation Hearing Board” to “…… Blight Enforcement Officer” .

Moved by Councilor Ingalls, seconded by Councilor McGrattan

Discussion: Councilor Ingalls stated in reviewing Ordinance #300-012 (rev.1) “Town of Ledyard

Blight Ordinance” it was noticed that a few of the section references that pointed to other areas of

the Ordinance were pointing to the incorrect sections; and therefore, needed to be updated. She

stated this was an administrative action, noting that there were no substantive changes made to the

Ordinance.

VOTE:

7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Andra Ingalls

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

MOTION to adopt Ordinance #500-005 (rev. 1) An Ordinance Rescinding “An Ordinance

Establishing a Nursing Service Board “ as contained in the draft dated July 31, 2023.

*6.

DRAFT: 7/31/2023

Ordinance #500-005 (rev. 1)

AN ORDINANCE RESCINDING

"AN ORDINANCE ESTABLISHING A NURSING BOARD

FOR THE TOWN OF LEDYARD”

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

Section 1: Statement

The Ordinance # 500-005 entitled "An Ordinance Establishing a Nursing Service Board”

amended and adopted by the Town Council on September 25, 2019 is hereby rescinded.

A d o p t e d

b y

t h e

L e d y a r d

T o w n

__________________________

Kevin J. Dombrowski, Chairman

Approved/Disapproved on ____________________ ________________________

Fred B. Allyn, III, Mayor

C o u n c i l

o n

: _ _ _ _ _ _ _ _ _

Published on:

__________________________

Patricia A. Riley, Town Clerk

Effective Date:

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

Revisions: Ordinance #76 “Ordinance Establishing a Public Health Nursing Service Board of the

Town of Ledyard” Adopted December 11, 1980; #76 “Ordinance Amending an Ordinance

Establishing a Public Health Nursing Service Board of the Town of Ledyard” Amended and

Adopted June 8, 1983; Ordinance #76 Amended and Adopted August 11, 1999; Ordinance #76

Amended and Adopted August 11, 2004; Ordinance #117 Ordinance Amending an Ordinance

Establishing a Public Health Nursing Service Board of the Town of Ledyard” Adopted: February

27, 2008;

Effective: March 21, 2008. Amended, Adopted and Renumbered by the Town Council on:

September 25, 2019.

History:

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

Ordinance #117 to Ordinance #500-005.

2019: Section 2 added language regarding member attendance relative to being considered resigned;

Section 7 “Severability: language updated for consistency with town ordinances. Added Section 8

“Effective Date” to be consistent with town ordinances. Removed Section 8 “Cancellation of

Previous Ordinances” - Per Town Attorney the “Revisions” and “History” paragraph indicates that

the previous ordinance has been updated and replaced.

2023: The Fiscal Year 2023/2024 Budget did not provide funding to support the Ledyard Visiting

Nurses Association (LVNA). During the past decade the Ledyard Visiting Nurses Association

(LVNA) was not sustaining their operational costs, as large healthcare organizations began to

dominate the home healthcare market. This shortfall in LVNA revenues had fallen to the taxpayers,

with the hope that this revenue slide would reverse itself, to no avail. On June 30, 2023, after 75

years of service to our community the Ledyard Visiting Nurses Association (LVNA) closed its

doors.

Moved by Councilor Ingalls, seconded by Councilor Irwin

Discussion: Councilor Ingalls stated the Fiscal Year 2023/2024 Budget did not provide funding

to support the Ledyard Visiting Nurses Association (LVNA). She explained the proposed “An

Ordinance Rescinding “An Ordinance Establishing a Nursing Service Board” was an

administrative action to cancel the Ordinance that established the Nursing Board.

Councilor Saums thanked the Ledyard Visiting Nursing Association for all the fine work they

did for the Town of Ledyard. He stated unfortunately it became financially unviable, noted that it

was sad to see them go, noting that they were a great organization and provided great service.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Andra Ingalls

RESULT:

MOVER:

Whit Irwin

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

Finance Committee

MOTION to authorize overspending Account #10110209-55245 (Insurance Deductible) through

June 30, 2024.

Moved by Councilor Saums, seconded by Councilor Ingalls

Discussion: Councilor Saums stated to-date the town has received four insurance deductibles,

which was unusual. He stated Connecticut Interlocal Risk Management Agency (CIRMA) was

the town’s insurance provider.

Mayor Allyn, III, explained a typical deductible was about $1,500; however, he stated for some

situations, their insurance provider required a higher deductible for cases that may be a little

more involved.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Bill Saums

RESULT:

MOVER:

Andra Ingalls

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

Land Use/Planning/Public Works Committee

MOTION to extend Archery Hunting on Certain Town Owned Lands and Certain Open Space

Properties for one-year in accordance with provisions in Ordinance#100-018 (rev. 1) "An

Ordinance Providing Archery Hunting on Certain Town Owned Lands and Certain Open Space

Properties".

Moved by Councilor Paul, seconded by Councilor Marhsall

Discussion: Councilor Paul stated Ordinance#100-018 (rev. 1) provided for Archery Hunting on

Certain Town Owned Lands and Certain Open Space Properties. He stated in accordance with

Section 4. “Annual Expiration” the Ordinance would expire annually at the end of the calendar

year, unless a vote of the Town Council was taken to approve to extend it for one year. He stated

that this was simply an Administrative Action.

Councilor Ingalls questioned whether there was a status report on how well the program was

going. Councilor Saums stated the Archery Hunting Program was going great noting that

everyone followed the Rules of the program. He stated there were two properties that were being

used for archery hunting which were: (1) Clark Farm located on Route 117 on the north end of

town; and (2) Founders Preserve (Paint Mill) Property located between Colonel Ledyard

Highway and Pumpkin Hill Road on the south end of town (both properties were about 100

acres). He explained that this program was a Lottery System in which six people would win a

lottery for each property to bow hunt for a total of twelve people. He stated when they began the

program in 2018 that they had about sixteen applicants for the lottery, however, he stated that

number has declined over the years, noting that this year they only received about six applicants.

He stated the hunters who have been selected through the lottery were great, noting that they

have volunteered to post markers when they were hunting on the properties for both the abutting

property owners and to let people know that hunting could be taking place on the property. He

stated some of the same people return every year, noting that he was one of them. He stated the

reason the Ordinance included a sunset clause and required the Town Council to act to renew it

each year was in case the Program did not go well the town would discontinue the Archery

Hunting on these properties. He concluded by explaining that that although the town no longer

owned the Founders Preserve (Special Town Meeting October 28, 2020) that as part of the

property transfer to Avalonia Land Conservancy that they have agreed to allow the Archery

Hunting Program to continue on the open space property.

Mayor Allyn, III, stated last year between September 1st and December 31st they had 129 dee

strikes with cars in Ledyard. He stated this was the time of year that the deer move around and

that they were already seeing deer strikes again this year. He stated the deer population was not

struggling.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Gary Paul

RESULT:

MOVER:

John Marshall

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

General Business

MOTION to set a Hybrid (In-Person & Video Conference) Public Hearing date on December 13,

2023 at 6:30 p.m. to be held in the Council Chambers, 741 Colonel Ledyard Highway, to

discuss and receive comments regarding the Fiscal Year 2020 Community Development Block

Grant program.

Moved by Councilor Irwin, seconded by Councilor Marshall

Discussion: Mayor Allyn, III, explained as part of the Community Development Block Grant

program that a second Public Hearing was required to report on the status of the project. He

noted this grant funding was for the renovation work to the Kings Corner Senior Citizens

Housing Facility. He stated after talking with the Housing Development Team, LLC, who was

the contractor, that were not available to attend the original date that had been proposed

(November 8, 2023), noting that they would be available to attend the Public Hearing on

December 13, 2023.

VOTE: 7 - 0 Approved and so declared

APPROVED AND SO DECLARED

Whit Irwin

RESULT:

MOVER:

John Marshall

SECONDER:

Dombrowski, Saums, Ingalls, Paul, Marshall, McGrattan, and Irwin

Rodriguez, and Ryan

AYE:

EXCUSED:

Discuss Work Session Items as time permits.

None.

10.

XV. ADJOURNMENT

Councilor Marshall moved to adjourn, seconded by Councilor Paul

VOTE: 7 - 0 Approved and so declared. The meeting adjourned at 7:41 p.m.