Voters approve motions

#MiddleburyCT #SpecialTownMeeting #Police #TaxAbatement

Each of the five motions on the September 11 special town meeting agenda was unanimously approved by those present. The five motions were:

1. To vote to approve the tax incentive program application of Lake Quassapaug Amusement Park, Inc. for participation in Middlebury’s Tax Incentive Program (purchase of new Wave Swinger);
2. To vote to approve the tax incentive program application of Middlebury Edge, LLC for participation in the Middlebury’s Tax Incentive Program (16,000 sf bldg. 1625 Straits Turnpike);
3. To vote to approve the sale of MBL 1-00-48 Lake Shore Drive to James K. Zanavich, Jr. for the appraised value of $2,650.00, owned by the Town of Middlebury;
4. To vote to approve the sale of MBL 1-00-96 Lake Shore Drive to James Harlamon for the appraised value of $ 1,100.00, owned by the Town of Middlebury;
5. To vote to transfer $246,716.00 from the Undesignated Fund Balance to Reserve Account 30.40.20.6092 for Police Accreditation – Juvenile Room/Holding Area.

Motion 5 elicited the most discussion preceding the vote. The transfer of funds became necessary when the approved estimated amount for the project, $350,000, proved much less than the amount submitted by bidders. All bids were more than $550,000.

Middlebury Police Chief Patrick Deely explained the state’s 2020 Law Enforcement Accreditation Law, noting that all police departments must become accredited, and his contract with the Town states he will bring the Middlebury Police Department up to accreditation standards. He said following the letter of the law will always be his priority.

He said Middlebury is fortunate to have the needed space in an existing building and said not adhering to the requirements would negatively affect the town’s ability to obtain insurance. Responding to a question from Michael McCormack, he said the Police Department has Tier 1 accreditation and will lose that if it does not create a Juvenile Holding Area.

Selectman Jennifer Mahr asked how often juveniles and adults are held at the same time. Deely responded “what ifs” are not part of following the law and said one instance can result in a multi-million-dollar liability claim. He said he wasn’t willing to take chances the facility would not be needed; he will do exactly what he is obligated to do under the law.

Mahr responded, in part, “If you are telling us that you are asking us to make this choice for the one time when we might have an adult and a youth at the same time, the hundreds of thousands of dollars it would cost is a lot like saying the chief says we have to act like big city departments. I just don’t necessarily agree with that.”

Deely said, “If you want to make that choice, it is up to you … I’m going to get a juvenile cell block because that is what the law tells me I have to do.” Deely confirmed the insurance company said its rates would go up if the police department was not accredited.

Susan Striker questioned the cost of the renovations, noting her cost for a recent home renovation. First Selectman Edward B. St. John went through a detailed explanation of the entire process, which started with the new state law in 2021. He said because the project has to meet state and federal standards, its cost can’t be compared to a residential project. He said all bids on the project would expire September 20 and he was sure the cost would be higher if it went out to bid again.

Further questions on costs and potential situations such as having two juveniles at the same time were asked. Mahr said it was difficult for her to understand why you could have the room and make adjustments but you couldn’t make adjustments if you did not have a room. Deely said the difference is, if he is asked during litigation if the department is accredited, he can answer “Yes.”

Dawn Adonelli expressed five things she felt needed to be said:

1. The project is good and she is proud knowing the town has an accredited department.
2. Youth laws are very strict.
3. The bids will expire September 20.
4. Being accredited will make Middlebury much stronger.
5. She had a tour of the room and feels the plan is almost a Godsend since the room has most of what is needed (away from adult prisoners, outside door, plumbing, etc.) She said to question the project is to look a gift horse in the mouth.

All present favored the motion and it passed.

For Motions 1 and 2, former Economic Development Commission chair Terry McAuliffe explained the history, process and goals of the Middlebury Tax Incentive (Abatement) program. The program, created in an effort to attract, retain and expand business in Middlebury, allows tax abatements for up to five years depending on the value of the project.

If the assessor values each of these projects as estimated below, the Wave Swinger would have abatements for the first three years of 35%, 25% and 15%, respectively. The higher value Middlebury Edge building would qualify for four years of abatements at 35%, 30%, 25%, and 20%, respectively. The assessor’s actual value will determine the number of abatement years.

For Motion 1, the Wave Swinger ride at Quassy Amusement Parks, McAuliffe said it would cost Quassy $700,000. At a 70% rate, this yields an assessed value of $490,000, which, at the current mil rate, would cost Quassy $16,000 a year in taxes. For the first few years, the abatement would lessen Quassy’s tax burden.

For Item 2, which is for the new building to the left of Middlebury Edge at 1625 Straits Turnpike, the cost is about $2.5 million, yielding an assessed value of $1.75 million and resulting in annual taxes of $57,000 or more. Owner Middlebury Edge LLC will likely have tax abatements for the first four years.

John Pollard asked for actual tax figures with and without the abatement, but McAuliffe did not have those figures with him. He said they were available on the EDC website.

Diana Anton asked about the exact location of the new Middlebury Edge building, and McAuliffe described it for her.

Motions 1 and 2, each voted on separately, were unanimously approved by voice vote.
Town attorney Dana D’Angelo provided background information on Motions 3 and 4, sale of town property. She explained the Lake Shore Drive area has .1 acre T-lots, some owned by the Town. Over the years, the Town has sold the lots to abutting owners because the lots are in a residential zone, are land-locked and have no potential for development.

Moderator Bill Stowell, who years ago purchased T-lots with his Navy bonus, explained the lots measure 20 feet by 50 feet and were originally giveaways for a Bridgeport newspaper subscription. Paul Bowler noted the sales make the purchasers’ lots bigger and they thus generate more tax dollars. Town-owned property is not taxed.

These two motions, also voted on individually, each passed unanimously.

The town clerk’s minutes show the meeting lasted just over an hour and 78 people attended, 76 electors and two property owners.