Town of Somers

Special Town Meeting

Minutes

Monday, April 26, 2004

The Special Town Meeting of April 26, 2004 was called to order by First Selectman, David A. Pinney at approximately 7:10 p.m. with approximately 50 residents in attendance.

Item #1 to elect a moderator

A motion was made by G.VanTasel, seconded by E.Allsup and unanimously voted to elect David A. Pinney as moderator.

Item #2 to approve the following proposed new ordinances

a. ordinance authorizing a local tax relief program

A motion was made by K.Devlin, seconded by G.VanTasel. Discussion:

D.Olsen, Board of Assessors member: Stated that additional staffing may be necessary in order to review the financial information submitted by applicants – review process may be time consuming

E.Allsup, Board of Selectman: Stated that the financial sheet is a self-declaration to the accuracy of information provided which is very similar to the state program already in force. The onus of credibility, accuracy, and honesty is placed on the applicant through his/her signature on the application. E.Allsup noted that there are approximately 150 Somers’ residents who may qualify for the program.

L.Wetherall confirmed her support of the proposed program as a means of helping seniors to stay in Somers.

Vote: Unanimous

b. ordinance authorizing the collection of motor vehicle taxes in two installments

A motion was made by E.Allsup, seconded by K.Devlin. Discussion:

E.Jekot, Tax Collector: The ordinance would allow taxpayers to pay a single motor vehicle tax bill in excess of $250.00 in two installments. Multiple tax bills could not be combined to qualify. Individual tax bills will continue to be sent from the tax office, but the tax bill would have coupons similar to the real estate bills.

Vote: Unanimous

c. ordinance authorizing the collection of a fee from delinquent motor vehicle taxpayers

A motion was made by E.Jekot, seconded by K.Devlin. Discussion:

E.Jekot, Tax Collector: The fee, which shall not exceed $5.00, is a ‘cost recovery’ of the fees being charged to the town from the motor vehicle department. The fee is in addition to delinquent fees charged by the town for untimely payments.

Vote: Unanimous

At the suggestion of Town Attorney Landalina, A motion was made by E.Allsup, seconded by E.Jekot and unanimously voted that the effective date of the above ordinances be the day following publication.

Item #3 to consider and act on a recommendation to discontinue the following roads

Prior to specific discussions, Town Attorney Landalina was requested to give an overview of the rights and ramifications of the discontinuance of roadways. The residents on each side of the roadway would own to the center of the road, and individuals would still have the right to pass and re-pass over in order to travel to the next road. The 1990 State Statues were amended in 2002 by a Supreme Court ruling which included the right to include utilities, sewer and water.

E.Jekot, Hall Hill Road– Who would be responsible to maintain the roadways, the private property owners? Who would plow, clean up trash, etc., can you build a house on a discontinued road?

Atty Landalina – Police and fire personnel will have access. Applications for building permits would have to conform to current zoning and planning regulations. To his understanding, the regulations stipulate that frontage for a building permit must be on a town road.

J.Parks, Attorney – Stated that he is representing Mr. Legenza, the owner of property between Bailey Lane and Eleanor Road. He noted that there would be severe ramifications should the ‘paper’ road be discontinued and the rights of the property owner jeopardized. The property, in its current status, affords the owner a future opportunity to develop and connect the two roadways. By discontinuing the ‘paper’ road, Mr. Legenza’s property now becomes landlocked without value. Atty Parks suggested that each road should be voted upon separately, further research be conducted by the Town, or action on this particular ‘paper’ road be withdrawn.

K.Miles, Pioneer Heights – What is the criteria for a road to be accepted by the Town? Atty Landalina stated dedication and acceptance. Subdivision roadways are dedicated to the town as a roadway by deed. Therefore, whoever owes the roadway allows for the passage with implied acceptance.

B.Socha, Franklin Woods – Old Scully Road is a 30’ entry into the state forest and the blue trail. Should it be discontinued, the property owner will then have the right to restrict passage for recreational uses. Who assumes the liability should something happen to an individual?

D.Kibbe, Old Hampden Road – Old Hampden Road is a well traveled roadway between Somers and Hampden. By discontinuing the roadway, you are essentially taking away the property owners right to develop.

E.Jekot, Hall Hill Road – Is against the discontinuance of the roadways stated. It will not benefit the property owners, and should the property owners be denied the ability to develop, they will stop paying their taxes.

K.Devlin, Board of Selectmen – The Board of Selectmen is acting upon the recommendation of the Planning Commission in an attempt to limit the town’s liability for cost containment. She does agree that Atty Parks has a reasonable request to vote on each roadway individually.

D.Underhill, Jobs Hill Road –Believes that the Town should have been required to notify each owner of property on the roads listed letting them know of the Town’s intentions. He stated that property owners would be losing potential building lots, which is a very serious issue.

D.Pinney, First Selectman – Although not required, a serious attempt was made to contact or notify in writing all property owners and abutters. He also noted that the Planning Commission had reviewed and recommended the discontinuance of the roadways listed.

S.Milliken, Rosehaven Rd – By discontinuing these roads, the property owners are assessed with more taxes and unwanted liabilities with easements.

J.Wysocki, Eaglebrook Dr – He is in agreement with the majority of people in attendance. Questioned the Board of Selectmen as to what prompted this issue and whether or not they were the ones who had requested a road review.

R.Morton, Old Hampden Rd – Questioned why the Town of Hampden, MA was not notified since Old Hampden Road is utilized as a connector between Somers and Hampden, MA. He felt that it would be more dangerous to block the road at the Somers/Hampden line and did not want to take on the liability should anything happen.

B.Tyler, Beverly Dr – Has a study been done, and what was the basis of the study? He suggested that the Town should borrow money and improve the roads. There appears to be no justification for the discontinuance of these named roadways because there has been no serious research done on the ramification to property owners. Is not in favor of discontinuing the roads.

D.Underhill, Jobs Hill Rd – The Town of Ellington has made road improvements to Green Rd by widening, grading and clearing trees. The Town apparently stated a regulation regarding the ability of fire and police vehicles having access.

K.Miles, Pioneer Heights – Stated that Green Road had already been abandoned by the Town in approximately 1965 and a legal opinion by then town Atty Mack in 1976 that he did not consider Green Road a town road.

M.Provencher, Michele Dr – Stated that the owners of property along the proposed discontinued roads would probably be successful in a request for the Town to improve these roads.

Atty Landalina – The roads, in their current state, present a liability to the Town. The Town could be brought to court by the property owners in order to have the Town improve these roads and to bring them up to meet certain conditions.

A.Reinhold, Old Hampden Rd –Presented a listing of reasons why he objected to the discontinuance of Old Hampden Road which included: Loss of access, maintenance of road falls on property owners, loss of CL&P provided utility service, and mortgage limitations.

A motion was made, seconded and unanimously approved to vote on each road individually.

Bailey Lane and Eleanor Road – Unanimous vote not to discontinue

Cooke Road – Unanimous vote not to discontinue

Cooley Road – Yes to discontinue 11 votes and No to discontinue 13 votes – Motion to discontinue defeated

Ford Road – Unanimous vote to discontinue

Green Road – Simple majority vote not to discontinue – 2 opposed

King Road Extension – Unanimous vote to discontinue

Old Hampden Road – Simple majority vote not to discontinue – 1 opposed

Starr Road – Unanimous vote to discontinue

Upper Old Scully Road – Unanimous vote not to discontinue

Item #4 confirmation of appointments to various boards and commissions

A motion was made by K.Devlin, seconded by E.Allsup and unanimously voted to confirm the appointments of the individuals indicated in one motion rather than individually.

A motion was made by K.Devlin, seconded by E.Allsup and unanimously voted to confirm the appointments as presented.

Item #5 to approve a transfer of over $20,000

A motion was made by H.Broer, seconded by E.Allsup and unanimously voted to approve the transfer of monies as noted in the legal notice.

Item #6 to consider and act on the acceptance of Bittersweet Hill Road as a Town Road

A motion was made by E.Allsup, seconded by K.Devlin and unanimously voted to accept Bittersweet Hill Road as a Town Road.

A motion was made by K.Devlin, seconded by E.Allsup and unanimously voted to adjourn the Special Town Meeting of Monday, April 26, 2004 at approximately 9:06 p.m.

Respectfully submitted

Ann Marie Logan

Town Clerk

Town of Somers