Public Works, Planning & Development Standing Committee of the RTM Special Meeting & Public Hearing Materials (linked)

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FIETEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
AGENDA .
PUBLIC WORKS PLANNING & DEVELOPMENT STANDING COMMITTEE of the
RTTM
PUBLIC HEARING FOLLOWED BY SPECIAL MEETING
Wednesday, September 30, 2020/6:30 P.M. - Waterford Town Hall
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Meeting ID: 317 118 0827
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Meeting ID: 317 118 0827
PUBLIC HEARING
J. Call to Order
2. Pledge of Allegiance
3. Roll Call
4, Public Hearing in regard to a proposed deletion to the Waterford Code of Ordinances,
Chapter 15.26 — Blighted Premises.
A. Open Public Hearing.
B. Close Public Hearing.
5. Adjournment ;
SPECIAL MEETING
1. Call to Order

Roll Call
Public Comment
To consider and act upon the September 16, 2020 Meeting Minutes.
Consideration and possible action on item referred to committee:
A. Waterford Code of Ordinances review of Chapters 2.20 and 2.58. (RTC 06-01-20)
B. Proposed changes to the Waterford Code of Ordinances Chapter 15.26, Blighted
Premises (RTC 08-03-20)
Adjournment

PHONE; 860-442-0553
FIETEEN ROPE FERRY ROAD
www.waterfordct.org
WATERFORD, CT 06385-2886
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PUBLIC WORKS, PLANNING, AND DEVELOPMENT COMMITTEE OF THE: RTM
PUBLIC HEARING & SPECIAL MEETING
Wednesday, September 16, 2020
6:30 P.M. - Waterford Town Hail
ZOOM Remote Access Only
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_ The September 16, 2020 Public Hearing of the Public Works, Planning, and Development
Committee of the RTM was called to order by Chairperson Michael Rocchetti at 6:35pm.
ROLL CALL
Present: Michael Rocchetti, Mike Bono, Ted Olynciw, Liam O’Leary, Miriam Furey-
Wagner
Absent: None
Also Attending: Town Clerk David Campo, Town Attorney Nicholas Kepple, Public
Works Director Gary Schneider, Planning Director Abby Piersall.
AGENDA ITEM 4
MOTION by Olynciw, seconded by Bono, to open the Public Hearing at 6:35 P.M. in
regard to a proposed amendment to the Waterford Code of Ordinances, Chapters 2.20 and
2.58 enabling the facilities manager position to be moved from the Planning Department
to the Public Works Department. :
* VOTING IN FAVOR: Unanimous
PUBLIC COMMENT received from the following: RTM Member Susan Driscoll
submitted in writing. (See Attachment)
BOF Member Bill Sheehan spoke in favor of the changes.
MOTION by Furey-Wagner, seconded by Bono, to close the Public Hearing at 6:38 P.M.
VOTING IN FAVOR: Unanimous
MOTION by Olynciw, seconded by Furey-Wagner, to close the Public Hearing portion.
VOTING IN FAVOR: Unanimous
The September 16, 2020 Special Meeting of the Public Works, Planning, and Development
Committee of the RTM was called to order by Chairperson Michael Rocchetti at 6:39 P.M..

ROLL CALL
Present: Michael Rocchetti, Mike Bono Ted Olynciw, Liam O’Leary, Miriam Furey-
Wagner
Absent: None ;
Also Attending: Town Clerk David Campo, Town Attorney Nicholas Kepple, Public
Works Director. Gary Schneider, Planning Director Abby Piersall.
PUBLIC COMMENT: Mark Dalton, Owner of 11 Darling Ln, spoke in regards to the
proposed Blight Ordinance.
AGENDA ITEM 4
MOTION by Bono, seconded by Furey-Wagner, to approve the minutes from the August
17, 2020 meeting.
VOTING IN FAVOR: Unanimous
AGENDA ITEM 6A
Discussion ensued.
MOTION by Furey- Wagner, seconded by Olynciw, to recommend the proposed changes
with the recommendations from RTM Member Susan Driscoll to the Waterford Code of
Ordinances, Chapters 2.20 and 2.58 enabling the Facilities Manager Position to be moved
from the Planning Department to the Public Works Department.
VOTING IN FAVOR: Unanimous
AGENDA ITEM 6B
Discussion ensued.
MOTION by Furey-Wagner, seconded by Rocchetti, to hold a Public Hearing on
September 30" at 6:30 P.M. to consider removal of Chapter 15.6, Blighted Premises from
the Waterford Code of Ordinances.
VOTING IN FAVOR: Unanimous with one member unavailable. (O’Leary)
MOTION by Furey-Wagner, seconded by Olynciw to adjourn to adjourn at 7:40 P.M.
VOTING IN FAVOR: unanimous
Respectfully submitted,
Michael “Rock” Rocchetti
Chairman

Sept. 16, 2020
To: Public Works, Planning & Development Committee
Re: Public Comment on proposed ordinance changes
Due to a scheduling conflict, I am unable to attend (even by zoom) the Public Hearing on the proposed
changes to the Public Works Department Ordinances (Title 2 Administration & Personnel, Chapter 2.20)
and the Planning and Development Development Ordinances (Title 2 Administration & Personnel,
Chapter 2.580). So, 1 am submitting this document with the request that it be included in the record.
At the risk of repeating myself, I fully support the changes needed to transfer the Facilities Manager
position to the Public Works Department. This will mark the culmination of a multi-year effort to arrange
for a process of coordinated facilities management for all town and Board of Education buildings that
should result in improved efficiencies and cost savings from improvements in the area of regular
preventive maintenance, which has been a challenge for us over the years.
- That being said, I would respectfully request that as the committee makes their final review of the
proposed ordinances they consider making the following changes. In addition to a few typo corrections,
they are basically for consistency and gender neutrality so that the revised ordinances can stand the test of
time (at least for a few years, anyway) and would not be so drastic as to warrant a second public hearing.
Chptr 2.20 Public Works:
2.20.010: In the new second paragraph, first sentence—delete the extra comma after “facilities”
At the end of that sentence, please “initial cap” Jordan Park House and Nevins Cottage since
these are officially named buildings and not generic terms
2.20.020: At the end of the second sentence, please add the phrase and the RTM after “board of finance,”
since the budget must be reviewed by that body as well.
In the third sentence, please add the phrase or her after both appearances of “his”
2,20.040: in subsection D(3), please lowercase the L and E in “Light Equipment” for style consistency
In subsection D(4), change “Facility” to Facilities, lowercase the M in “Management” and add
a period at the end. All for style consistency, except the Facilities change is because more than
one facility is involved and because it will be the division overseen by our new Facilities
manager, so it just makes sense.
Chptr 2.58 Planning and Development:
2.58.020: At the end of the first sentence after “town” please restore the period that was inadvertently cut
when original ordinance language was deleted.
2.58.030: In the last sentence, please add the phrase or she after “he” (this one’s for Abby!)
Thank you for your time and consideration of these suggestions.
Susan Driscoll, RIM-4" District
205 Rope Ferry Rd, Wtfd

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Waterford, CT Cade of Ordinances
Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A. The presence in the Town of Waterford of real property which exists in blighted condition constitutes a continuing
nuisance, is detrimental to the health, safety and general welfare of the community, and adversely affects property
values, thus contributing to the decline of neighborhoods and negatively affecting the economic well-being of the town
and its residents, The abatement and/or elimination of blighted premises is necessary to protect, preserve, and promote
public health, safety and general welfare of the community. Accordingly, the ordinance codified in this chapter is adopted
pursuant to C.G.S. §§7-148(c)(7)(H)(xv), 7-1480(b) and 7-152c.
B. Public nuisance. |t is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or
possession of any premises in the Town of Waterford to maintain such premises or any public right-of-way abutting said
premises in such manner that any of the following conditions described below exist thereon, which shall be defined as
blight.
(Amend. of 4-18-17(2))
15.26.020 - Definitions.
For the purpose of this chapter, the following terms and phrases shall -have the meanings set forth in this section, unless a different
meaning is clearly indicated by the context:
A. Blighted premises: Any house, building or structure or land in which at least one the following conditions exists, A
blighted premises is presumed to be a public nuisance:
1, It has been determined by the town's blight enforcement officer that a condition exists that poses a serious or
immediate threat to the health, safety or general welfare of the community.
2. The property is in a state of disrepair or is becoming dilapidated, "State of disrepair" or “becoming
dilapidated" shall mean in a physically deteriorating conditian causing unsafe or unsanitary conditions or a
nuisance to the general public as evidenced by one or more of the following conditions:
a.
b.
Missing, broken, or boarded-up windows or doors;
Collapsing or missing exterior features Including but not limited to, walls, roofs, stairs, porches, railings,
hatches, chimneys or floors;
Structurally faulty foundation;
Unrepaired fire or water damage;
Lacks facilities necessary for habitation;
Vacant structure(s) open and not secured against entry;
Rodent harborage and/or infestation;
Parking lots in excess of ten parking spaces in a state of disrepair or abandonment, evidenced, for
example, by cracks, potholes, overgrowth of vegetation within the surface, pavement, or macadam, or
within medians and buffers;
Shrubs, hedges, grass, plants, weeds or any other vegetation that has been left to grow in an unkempt
manner that is covering or blocking means of egress or access to any building or that are blocking,
interfering with or otherwise obstructing any sightline, road sign, or emergency access to or at the
property, when viewed from any property line;
Whether any building or dwelling on the premises is occupied or not, no grass or weeds shall be
permitted by any owner or occupant to reach a height greater than two feet over twenty percent of the
property;
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k. The overall condition of the property structure and/or grounds causes an adverse impact on neighboring pr
the cancellation of insurance on the property; and/or
|. Unlicensed/inoperable vehicle(s) which violate existing town zoning regulations.
m. Dumpsters placed on private property for the purpose of disposal of any solid or liquid waste for a
period of more than sixty days from the date of the dumpster's delivery and which has not been placed
in association with a site plan approved in accordance with the Waterford Zoning Regulations or a
construction project with an active building permit.
n. Rubbish, broken glass, trash, refuse, debris, stumps, roots, or boats and machinery in a state of disrepair
that cannot be used for its original purpose.
0. Debris: Material which is incapable of immediately performing the function for which it was designed
including, but not limited to: abandoned, discarded or unused objects; junk comprised of equipment
such as automobiles, boats, and recreation vehicles which are unregistered and missing parts, not
complete in appearance and in an obvious state of disrepair, parts of automobiles, furniture, appliances,
cans, boxes, scrap metal, tires, batteries, containers, and garbage which is in the public view.
p. Decay: A wasting or wearing away; a gradual decline in strength, soundness or quality; to become
decomposed or rotten, except a contained compost pile.
q. Mechanical equipment: Any apparatus designed to operate by an internal combustion engine, or
designed to be towed by any apparatus propelled by an internal combustion engine; to also include
electric and pneumatic equipment.
r. Natural field state: Areas where grass, weeds, and brush exist in their natural, un-landscaped state.
s, Naturally wooded state: Areas where trees, brush and plants exist in their natural, un-landscaped state.
t. Person: Any man, woman, corporation, or other legal entity capable of owning real property.
u. Premises: A platted lot or part thereof or un-platted lot or parcel or land or plot of land, either occupied
or unoccupied by any dwelling or non-dwelling structure and includes such building, accessory structure
or other structure thereon, or any part thereof. The terms "premises," where the context requires, shail
be deemed to include any buildings, dwelling, parcels of land or structures contained within the scope of
this chapter.
v. Public view: Visible fram any public right-of-way or neighboring property, a grade level.
w. Structure: Any building, dwelling, fence, swimming pool, or similarly constructed object.
3. The fire marshal has determined that a building or structure is a fire hazard.
Citation hearing officer: A person appointed by the first selectman as an officer, as defined in, and pursuant to
C.G.S. § 7-152¢, to serve as the citation hearing board. Such officer shall not be an individual who issues citations
and shall not otherwise be an employee of the town. The blight citation hearing officer shall serve for a term of two
years, unless otherwise removed for cause by the first selectman.
Dilapidated: Any building or structure or part thereof which is deemed an uninhabitable or unsafe structure as
defined in the Connecticut State Building Code, or any dwelling or unit which is determined to be unfit for human
habitation as defined by the Connecticut Health Code.
Blight enforcement officer: A person or persons authorized by the first selectman to take such enforcement actions
and to issue citations are as specified in this chapter, who shall not be the blight citation hearing officer.
Registrant: Any person who has commenced an action to foreclose a mortgage on residential property and has
registered such property with the town clerk,
Naturalized areas; Contiguous areas of vegetation that come from natural regeneration and/or Intentional plantings
with native plant material. These areas are an approach to landscaping as a means of promoting bio-diversity,
reducing water use, and reducing maintenance costs.
Town: The Town of Waterford.
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H. Town official The officer or officers, who are authorized by this chapter to exercise the powers prescribed herein, inch
selectman, director of public works, fire marshall, fire services administrator or designated agents, and any police offic
(Amend, of 4-18-17(2))
15.26.030 - Exemptions.
The following properties and/or portions of properties shall be exempt from this chapter:
A. Land dedicated as public open space or parks;
B. Vegetation preserved in its natural state through conservation easements or conservation restrictions;
C. Maintained gardens, flower beds, and/or xeriscape landscaping as part of a landscape design, or naturalized areas
as defined in Subsection 15.26.020.F herein, provided they do not cover or block means of egress or access to any
building or block, interfere with or otherwise obstruct any sightline, road sign, or emergency access to or at the
property or promote rodent harborage and/or infestation;
D. Any building or structure undergoing remodeling being diligently conducted pursuant to an active building permit,
provided that said exemption is applicable only during such remodeling period;
E, Any blighted premises for which a land use application is pending for a period of ninety days from the date of
submission of the application to the town.
(Amend, of 4-18-17(2))
45.26.040 - Special consideration.
Special consideration may be given to individuals who are disabled, elderly, or low income in the town's effort to correct housing
blight. If an individual home owner cannot maintain a reasonable level of upkeep of owner-occupied residence because the individual is
disabled, elderly, or low income, and no capable individual resides in the residence, the town may give said individual home owner a
reasonable amount of time to correct the problem, the duration of which shall be in the discretion of the blight enforcement officer. If
needed, assistance in finding solutions will be offered by the town.
A. Capable individual shall mean a person who can. be reasonably expected to perform maintenance and yard work
around a property or premises. This shall include children above sixteen years of age, without physical or mental
disability as defined herein.
B. Disabled individual shall mean, in the case of an owner occupied residence, an individual who has a disability
meeting the definitions for the mental or physical disability meeting the definitions for mental or physical disability
as defined under the Americans with Disabilities Act of 1990 and does not have a household member capable of
providing the necessary maintenance.
C.. Elderly individual shail mean an individual over the age of sixty-five, who does not have a household member
capable of providing necessary property maintenance.
D. Low income individual shall mean, in the case of an owner occupied residence, an individual, or where more than
one person resides in the premises, a family unit, that has an income below the highest level of "qualifying income"
established by C.G,S. § 12-170d(a)(3).
(Amend, of 4-18-17(2)}
15.26.050 - Creation or maintenance of a blighted property prohibited.
No owner, agent, tenant and/or person responsible for the care, maintenance, and/or condition of real property, shall cause or
allow any blighted property, as defined in Section 15.26.020, to be created, maintained or continued.
(Amend. of 4-18-17(2))
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15.26.060 - Receipt of complaints and notice of violation.
A. The blight enforcement officer shall investigate any written, signed complaint and determine whether a violation of this
chapter exists.
B. The blight enforcement officer shall give written notice of a violation of this chapter to the owner and occupant of and
may give written notice to their agent(s), and/or any other person responsible for the blighted premises. The notice shall
be hand delivered or mailed by both certified mail, return receipt requested and first class mail to the address of the
owner on file with the Waterford Tax Collector, or any of the persons identified in Section 15.26.040 herein to the last
known address of the person to whom it is directed, and a copy mailed by first class mail to any lienhalder's current or
last known address pursuant to C.G.S. § 7-1 48gg. If the notice is mailed to only one of the responsible parties, that shall
in no way be, or be construed as, a release of any other party. If there is more than one responsible party identified in
the notice, the responsibility for complying with the notice shall be joint and several.
C. Such notice shall state the violation and demand its abatement within a reasonable time to be determined by the blight
enforcement officer based on the nature and extent of the violation. if the violation is not corrected within the time
provided in the written notice, the blight enforcement officer may issue an enforcement citation and/or take other
enforcement action as specified herein.
D. If the owner, agent, occupant and/or person responsible for the blighted premises cannot be ascertained or does not
accept delivery of the written notice, the notice shall be published once in a daily or weekly newspaper having a
substantial circulation in the town and shall be posted on the premises. The natice shall include the name of the jast
known owner of the real property upon which violation has been found and the address of the real property.
—. Any person who Is a new owner of a blighted property shall, upon request, be granted a thirty-date extension of the
notice and opportunity to remediate provided pursuant to Subsection 15.26.060.8. For the purposes of this subsection,
"new owner" shall mean any person or entity who has taken title to a property within thirty days of the notice.
(Amend. of 4-18-17(2))
15.26.070 - Penalty for violation.
Violations of this chapter shail be punishable by a civil penalty of fifty dollars for each day a violation continues. Each day after due
notice of the violation has been served shall constitute a separate offense.
(Amend. of 4-18-17(2))
15.26.080 - Enforcement citation.
A. Acitation hearing procedure pursuant to C.G.S. § 7-152c is hereby established far the purposes of this section. The first
selectman shall appoint a citation hearing officer for the town in accordance with Subsection 15.26.020.B of this chapter.
B. Ifa violation remains unabated after the time allowed for abatement contained in the notice of violation issued per
Section 15,26,060 hereinabove has expired, the blight enforcement officer may issue a citation to any owner, agent,
tenant, or person or entity in control of the property for the violation in accordance with this section. The citation shall
state the date by which the uncontested payment of fines, penalties, costs or fees shall be made.
C, Any person(s) or entity issued a citation pursuant to this section shall be entitled to a hearing to contest the citation
pursuant to the provisions of C.G.S, § 7-152c(e).
D. At any time within twelve months from the expiration of the final period for the uncontested payment of fines, penalties,
costs or fees set by a citation issued pursuant to this section, the town shall send notice to the person(s) or entity cited to
inform them:
1. Of the allegations against the person or persons and the amount of fines, penalties, costs or fees due;
2. That the person(s) or entity may contest lability before a citation hearing officer by delivering in person or by mail
written natice within ten days of the date the duly delivered notice;
3. That if the person(s) or entity does not demand such a hearing, an assessment and judgment shall be entered
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against the person(s) or entity; and
4. That such judgment may issue without further notice.
For purposes of this Section 15.26.0890, notice shail be presumed to have been properly sent if such notice was mailed to
such person/entity's last known address on file with the tax collector. If the person/entity to whom notice is issued is a
registrant, the town may deliver the notice in accordance with C.G.S. § 7-148ii, provided nothing in this section shall
preclude the town from providing notice in another manner permitted by applicable law.
E. If the person/entity to whom natice is sent pursuant to this section wishes to admit liability the person/entity may,
without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to
a designated town official. :
F, Any person who does not deliver or mail written demand for a hearing within ten days of the date of the first notice
provided by in Subsection B of this section shall be deemed to have admitted liability, and the designated town official
shall certify such person/entity's failure to respond to the hearing officer. The hearing officer shall thereupon enter and
assess the fine, penalties, costs or fees provided for by this section and shall follow the procedures for obtaining a
judgment from the Superior Court set forth in C.G.S. § 7-152c(f),
G. Apersan/entity who makes a timely request for a hearing shall be given written notice of the date, time and place of the
hearing. The hearing shail be held at a time and conducted in the manner provided by C.G.S. § 7-152c(e).
1, The hearing officer shall announce the decision at the end of the hearing. If the officer determines that the
person/entity is not liable, the matter shall be dismissed and the officer shall enter that determination in writing
accordingly. If the officer determines that the person/entity is liable for the violation, the officer shall forthwith
enter and assess the fines, penalties, costs, or fees against such person as provided by this section.
2. Ifthe hearing officer's assessment is not paid on the date of its entry, s/he shall send by first class mail a notice of
the assessment to the person found liable and shail file, not less than thirty days nor more than twelve months
after such mailing, a certified copy of the notice of assessment and an entry fee with the clerk of a Superior Court
facility designated by the chief court administrator.
3. The person/entity against whom an assessment has been entered by the hearing officer pursuant to this section is
entitled to a judicial review by way of appeal pursuant to the provisions of C.G.S. § 7-152c(g).
(Amend. of 4-18-17(2))
15.26.090 - Municipal enforcement and abatement.
A. In addition to any penalties as permitted by statute, and the citation and hearing provisions of this section, in the event
any owner, agent, tenant, or person in control of real property fails to abate or correct any violation specified in a notice,
pursuant to Section 15.26,060 herein, after the issuance of an enforcement citation for such failure, once the citation has
become final through the failure of such owner, agent, tenant, or person in control to appeal from the issuance of the
citation or by such appeal being sustained, the town, acting through its blight enforcement officer issuing such notice of
violation, may cause or take any action necessary pursuant to C.G.S, § 7-148(c)(7)(E) to abate the violation upon twenty-
four hours notice of its intent to do so, The cost to take such action shail be a civil claim by the town against such owner,
agent, tenant, or person responsible for the property, and the town attorney may bring an action to recover all such
costs and expenses incurred, including reasonable attorney's fees.
B. in the event that the blight enforcement officer prevails in such legal proceedings, the violator shall be liable for afl costs
of bringing the property into compliance, and shall further be liable for all legal costs incurred by the town in doing so,
including its reasonable attorney's fees.
(Amend. of 4-18-17(2))
15,26,100 - Recarding of lien.
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In addition to having a lien for abatement expenses, any unpaid fines or costs shail constitute a lien upon the real estate in
accordance with C.G.S, § 7-148aa. Each such lien shall be continued, recorded, and released as provided for therein.
(Amend. of 4-18-17(2))
15.26.110 - Schedule of payments.
A. The blight enforcement officer or the citation hearing officer may establish a schedule of payments with the owner of
property in violation of this chapter subject to the fallowing conditions:
1. Awritten abatement plan signed by the property owner to abate the violation by a date certain is approved and
signed by the blight enforcement officer or citation hearing officer;
2, The abatement plan shall establish the amount and date(s) payment of penalties shall be made.
B. The blight enforcement officer or citation hearing officer may suspend the accrual of daily violation fees described in
Section 15.26.070 of this chapter during the abatement period; provided that the property owner meets terms of the
approved abatement plan. Failure of the property owner to meet the terms of the approved abatement plan shall result
in the nullification of the plan and the retroactive accrual of penalties from the day after due notice pursuant to Section
15.26.070 of this chapter.
(Amend, of 4-18-17(2))
15.26.120 - Effective date.
The ordinance codified in this chapter shall take effect fifteen days after final approval by the representative town meeting.
(Amend. of 4-18-17(2)}
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