741 Colonel Ledyard Highway

Ledyard, CT 06339

TOWN OF LEDYARD

Administration Committee

Meeting Minutes

http://www.ledyardct.org

Chairman Kevin J.

Dombrowski

Special Meeting

Wednesday, August 23, 2023

6:30 PM

Town Hall Annex- Hybrid Format

In -Person; Council Chambers-Town Hall Annex Building

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

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Or by Audio Only: Telephone: +1 646 558 8656; Meeting ID: 860 2738 3667; Passcode:

614415

CALL TO ORDER

the Meeting was called to order by Councilor Ingalls at 6:30 p.m.

at the Council Chambers Town Hall Annex Building.

Councilor Ingalls welcomed all to the Hybrid Meeting. She stated for the Town Council

Administration Committee and members of 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.

ROLL CALL

Councilor Andra Ingalls

Councilor Mary K. McGrattan

Councilor Whit Irwin

Present:

In addition, the following were present:

Kevin Dombrowski, Town Council Chairman

Bill Saums, Town Councilor

S. Naomi Rodriguez, Town Councilor

Eric Treaster, Resident

Adrianne Saums, Resident

Roxanne Maher, Administrative Assistant

III.

IV.

RESIDENTS & PROPERTY OWNERS COMMENTS

None.

PRESENTATIONS / INFORMATIONAL ITEMS

None.

APPROVAL OF MINUTES

MOTION to approve the Administration Committee Special Meeting Minutes of July 26,

2023.

Moved by Councilor McGrattan, seconded by Councilor Irwin

VOTE: 3 - 0 Approved and so declared

APPROVED AND SO DECLARED

Mary K. McGrattan

RESULT:

MOVER:

Whit Irwin

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

VI.

BUSINESS OF THE MEETING

MOTION to adopt a “Town of Ledyard Policy Regarding Access and Key Control, and Key

Distribution Form” as presented in the draft dated August 8, 2023.

DRAFT: 8/8/2023

TOWN OF LEDYARD

POLICY REGARDING

ACCESS AND KEY CONTROL

1. PURPOSE

To ensure the safety and security of all employees, visitors, buildings, and equipment

of the Town of Ledyard.

2. ACCESS AUTHORIZATION AND KEY ASSIGNMENT

Each Administrator shall determine which doors their employees have access to and

authorize the issuance of keys accordingly.

Upon termination, employees will be required to return all issued keys to the Human

Resources Department as well as any other Town issued equipment.

Only the Director of Public Works, or designee, may issue and duplicate keys. A

Key Distribution Form will be generated for each key, and all employees must

personally sign for each key they are issued.

3. TEMPORARY STAFF & VOLUNTEERS

Temporary staff with assignments lasting 20 or fewer weeks will be issued a key

only at the discretion of the Director of Public Works, or designee. Volunteers,

student teachers, interns, contractors, and other similar guests will not be issued

keys. Access to secured areas may be provided by an Administrator only. Special

circumstances only will be addressed on a case-by-case basis.

4. KEY CONTROL

Employees shall keep keys in their possession and ensure that they are appropriately

secured when not in their possession. Employees shall only use their keys to access

authorized areas for the purpose of conducting Town business, performing their

duties, or as otherwise authorized by their Administrator.

Employees shall not loan their keys to others or unlock doors for unauthorized

persons. Any person who attempts to duplicate a Town-issued key by means outside

of the DPW, or uses a key to access an area for purposes not authorized by the

Administrator, may be disciplined up to and including termination and/or reported to

the appropriate law enforcement authorities.

All employees must turn in their keys to the Human Resources Department upon

separation.

5. LOST/STOLEN/MISSING/NON-RELINQUISHED/ EXTRA KEY EXPENSE

RESPONSIBILITY

Keys that are lost, stolen, missing, not relinquished from exiting employees, or

otherwise unaccounted for shall be reported to the Director of Public Works

immediately. Employees are responsible for the expense of replacing missing keys at

the then current cost of the key. The replacement fee is non-refundable, even if the

old key is located.

Adopted by the Ledyard Town Council on: ________

___________________________

Kevin J. Dombrowski, Chairman

Moved by Councilor Irwin, seconded by Councilor McGrattan

Discussion: Administrative Assistant Roxanne Maher explained Administrator of

Human Resources Marisa Rodriguez has submitted the proposed “Town of Ledyard

Policy Regarding Access and Key Control, and Key Distribution Form” to become

part of town’s procedures for the on-boarding of new employees and exiting

employees who were leaving the town’s employment. She stated the proposed Policy

would also provide a method to account for keys that have been provided to

employees and for the safety and security of all employees, visitors, buildings, and

equipment of the Town of Ledyard.

The Administration Committee reviewed the proposed Town of Ledyard Policy

Regarding Access and Key Control, and Key Distribution Form” and agreed that it

was a good practice to implement.

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Whit Irwin

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

MOTION to adopt the following amendment to the Employee Handbook approved on April 26,

2023:

Page 17: Special Storm & Emergency Procedures (Paragraph 5):

“When the Town is closed, all employees designated as essential personnel are to report to work

as scheduled, or in the case of an early closing, the Department Head or Supervisor may require

essential personnel to stay. Essential personnel are defined as:

Dispatch

Highway/Public Works/Maintenance

Police

Fire”.

Moved by Councilor McGrattan, seconded by Councilor Irwin

Discussion: Administrative Assistant Roxanne Maher noted the Town Council approved

an updated Employee Handbook at their April 26, 2023 meeting. She stated recently it

was discovered that “Dispatch” inadvertently left off of the list of “Essential Personnel”

on page 17 of the Employee Handbook. Therefore, she stated this was an administrative

action to simply add “Dispatch” as noted above.

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Mary K. McGrattan

RESULT:

MOVER:

Whit Irwin

SECONDER:

MOTION to appoint Ms. Jennifer Bingham (D) 26 West Drive, Gales Ferry, to the Ledyard

Beautification Committee to complete a three (3) year term ending October 26, 2026 filling a

vacancy left by Ms. Maugle.

Moved by Councilor Irwin, seconded by Councilor McGrattan

Discussion: Councilor Ingalls stated Ms. Bingham has expressed an interest to serve on

the Beautification Committee; and that her appointment has been endorsed by the

Democratic Town Committee. She noted Ms. Bingham graduated Cum Laude with a

Bachelor of Science degree in Health Education; she was an active member in the

community serving as a Girl Scout Leader and on the PTO. She Ms. Bingham

Appointment Application and background information was attached to tonight’s agenda

on the Meeting Portal. \

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Whit Irwin

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

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.

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)

Samaritan Law”.

“Good

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

concern for the wellness of the individual and concern that the individual could have

been unconscious and laying on the floor.

In accordance with the “Good Samaritan Law” the town decided to adopt an Ordinance

to clearly state that the town as a non-profit and their agents were exempt from liabilities.

Moved by Councilor McGrattan, seconded by Councilor Irwin

Discussion: Councilor Ingalls stated at the Finance Committee’s July 19, 2023 Mayor

Allyn, III, mentioned that there have been some incidents where the Town received a bill

for damages related to a first responder breaching the door of a home in responding to an

Emergency 911 Call. She explained there was an incident in which the Police

Department responded to an emergency call for a drug overdose. She stated when the

Police arrived at the resident’s home their vehicle was in the driveway, and the house

was locked. She stated the Police 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 a friend had already come and took the

individual to the emergency room. However, she stated when the Police arrived at the

home they did not know this, noting that the individual could have been unconscious and

laying on the floor.

Councilor Ingalls went on to explain because the town does not have a mechanism for

this type of repair the proposed “An Ordinance Concerning Liability Pertaining To First

Responders Providing Emergency Assistance” has been drafted, in which the

Connecticut General Statutes 52-557(b) “Good Samaritan Law” has been cited. She

stated CGS 52-557(b) exempted non-profits and first responders from liability in

responding and providing emergency assistance.

Administrative Assistant Roxanne Maher noted that Police Chief John Rich attended the

Community Relations Committee’s August 16, 2023 meeting at which they also

reviewed the proposed Ordinance. She stated Chief Rich explained that a Police Officer

could not enter a home without their Supervisor authorizing the entry. She stated Chief

Rich stated that the Police Department’s protocol, required the Police Officer to do their

due diligence around the area first and to obtain authorization from the Supervisor to

enter the residence. She stated Chief Rich explained that during an emergency situation

that time was of the essence.

The Administration Committee noted that the proposed “An Ordinance Concerning

Liability Pertaining To First Responders Providing Emergency Assistance” was well

written noting that that it was consistent with the language provided in the Connecticut

Good Samaritan Law.

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Mary K. McGrattan

RESULT:

MOVER:

Whit Irwin

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

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

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

DRAFT: 7/31/2023 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:

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

(b) Be filed each year with the Assessor’s Office of the town between by October 1st and

November to obtain a tax exemption for the next fiscal year.

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: _________

Frer

_________________________

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 Irwin, seconded by Councilor McGrattan

Discussion: Councilor Ingalls stated the proposed “An Ordinance Establishing Tax Relief

for Certain Modified Handicap Accessible Vehicles” 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 Handicapped Accessible Vans in accordance

with Connecticut State Statutes 12-81c.

Councilor Ingalls stated the resident who brought the available tax abatement to the

Town Council’s attention was purchasing a Modified Handicapped Accessible Van

which cost about $90,000. She noted that Tax Assessor Adrianna Hedwall reported that

the loss of tax revenue would be about $2,000. Councilor Ingalls stated a tax loss of

$2,000 was not significant for the Town but would be a significant savings for a family.

Therefore, she stated providing a tax abatement for Modified Handicapped Accessible

Vehicles was a good idea.

Councilor Ingalls explained that the Finance Committee reviewed the proposed

Ordinance at their August 16, 2023 meeting and agreed that it was well written.

However, she stated in response to a question regarding the limited one-month

Application Period, Councilor Saums followed-up with Tax Assessor Adrianna Hedwall

and learned that residents could apply anytime during the year, but to receive the tax

exemption for the next tax cycle year that Applications must be submitted no later than

October 1st. She noted that Ms. Hedwall also explained that the resident would not be

required to annually reapply.

Councilor Ingalls continued by noting that Councilor Saums also learned from Parks,

Recreation & Senior Citizens Director Scott Johnson, Jr., that residents who own a

specialized van for transporting family members to medical appointments could receive

mileage reimbursement through a program with the Eastern CT Transportation

Consortium (Dial-a-ride); and that the residents should contact Mr. Johnson to register

for the Program.

The Administration Committee reviewed proposed “An Ordinance Establishing Tax

Relief for Certain Modified Handicap Accessible Vehicles” and agreed to delete the

following language from Section 5 (b) as noted below as a ”Friendly Amendment”:

Section 5: Application

(b )Be filed each year with the Assessor’s Office of the town

between by October 1st and November to obtain a tax

exemption for the next fiscal year.

Councilor Ingalls stated the daft the Committee would be voting on this evening would

be dated August 23, 2023.

VOTE:

3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Whit Irwin

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

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.

DRAFT: 8/14/2023

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.

B. 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.

D. 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.

I. 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

M. 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.

N. 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).

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.

Penalties assessed pursuant to subsection (B) of this section shall be enforceable

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

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 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:

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

2. 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, 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: _________

Published on:

______________________________

Fred Allyn, III, Mayor

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.

Moved by Councilor McGrattan, seconded by Councilor Irwin

Discussion: Administrative Assistant Roxanne Maher noted that Mayor Allyn, III

recently appointed Mr. Eric Treaster to serve as the Blight Enforcement Officer. She

stated in reviewing Ordinance #300-012 (rev.1) “Town of Ledyard Blight Ordinance”

Mr. Treaster noted with the 2019 revisions to the Ordinance that it appeared that a few of

the section references that pointed to other areas of the Ordinance were overlooked and

not updated, and therefore, they were pointing to the incorrect sections. She stated the

the proposed amendments were editorial corrections and not substantive changes to the

Ordinance.

Councilor Ingalls noted that Mr. Treaster was present this evening and she asked if he

would like to provide any comments. Mr. Treaster stated he was in attendance in case the

Administration Committee had any questions, noting that he had no comments.

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Mary K. McGrattan

RESULT:

MOVER:

Whit Irwin

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

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.

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.

Adopted

__________________________

Kevin J. Dombrowski, Chairman

the

Ledyard

Town

Council

:___________

Approved/Disapproved on ________

________________________

Fred B. Allyn, III, Mayor

__________________________

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 Irwin, seconded by Councilor McGrattan

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.

VOTE: 3 - 0 Approved and so declared

RECOMMENDED FOR APPROVAL

Whit Irwin

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

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

September 27, 2023 at 6:00 p.m. to be held in the Council Chambers, 741 Colonel Ledyard

Highway, to receive comments and recommendations regarding the following:

(1) An Ordinance Concerning Liability Pertaining To First Responders Providing

Emergency Assistance as contained in the draft dated July 31, 2023.

(2) An Ordinance Establishing Tax Relief for Certain Modified Handicap Accessible

Vehicles in the Town of Ledyard as contained in the draft dated July 31, 2023.

(3) Ordinance #500-005 (rev. 1) An Ordinance Rescinding “An Ordinance Establishing a

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

(4) 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.

Moved by Councilor Irwin, seconded by Councilor McGrattan

Discussion: Councilor Ingalls stated in accordance with Chapter II; Section 5 of the

Town Charter a Public Hearing was required before the adoption of an Ordinance.

She stated the four Ordinances the Administration Committee reviewed this evening

would all be presented at a Public Hearing which would be scheduled for September

27, 2023.

VOTE: 3 - 0 Approved and so declared

A motion was made by Councilor Irwin, seconded by Councilor McGrattan, that this be

Recommended for Approval to the Town Council, due back on 9/13/2023. The motion

carried by the following vote:

RECOMMENDED FOR APPROVAL

Whit Irwin

RESULT:

MOVER:

Mary K. McGrattan

SECONDER:

Ingalls, McGrattan and Irwin

AYE:

VII. ADJOURNMENT

Councilor Ingalls moved the meeting be adjourned, seconded by Councilor Irwin

VOTE: 3 - 0 Approved and so declared, the meeting was adjourned at 6:47 p.m.

Respectfully submitted,

Andra Ingalls

Committee Chairman

DISCLAIMER: Although we try to be timely and accurate these are not official records

of the Town.