GOOD NEWS ... SLOPPY RECORD KEEPING LEAVES AN OPENING TO CORRECT A MISTAKE!

Every once in a while sloppy record keeping and lack of attention to detail serves the greater good.  The property 33 Route 37 is the Senior Center.  This property use to be three separate properties, 31 Route 37, 39 Route 37 and 33 Route 37.  These properties were combined into one single property prior to the construction of the Senior Center.  In fact 31 and 33 Route 37 were combined in order for the construction of the Senior Center to meet zoning guide lines.  The Planning Commission at the First Selectman request, combined all three properties into one single property specifically for the purpose of construction of the Senior Center.  The legal Land Records are in the Town Hall vault.  The records for the three properties are available with the following reference:  31 Route 37 is in volume 431 page 682 reflecting a purchase price of $327,500, 39 Route 37 is in volume 426 page 216 reflecting a purchase price of $25,000, lastly, 33 Route 37 is in volume 418 page 314 reflecting a purchase price of $475,000.  The last survey for 33 Route 37 was 3461.  The total of the land purchases from town funds [taxes and fees] totals $827,500 that was never capitalized as part of the Senior Center, therefore any 'savings' or similar bravado never includes the cost of the land for the Senior Center.  But I digress!  Back to the point of 'use restrictions' ...

A review of the Assessor Records and legal Land Records in the vault [and the detailed land plans and records in the Land Use Dept] does not show any 'use restrictions' ... now that's the good news!  The bad news is that the official legal  Land Records DO NOT reflect the amalgamation [combining] of the three properties into one piece of property.  Why you ask?  Good question!  Perhaps an administrative oversight, perhaps not.  Perhaps the Grants Administrator over looked this requirement, perhaps not.  Whatever!

Without the properties properly combined [legally] and recorded is the Senior Center in violation of Zoning Statutes (?) ... you bet!  Without the Land Records reflecting the federal government 'use restrictions' is the DECD Grant in jeopardy (?) ... you bet!   Mr. Hodge does a lot of betting with our taxes ... remember the

illegal bridge that cost taxpayers $140,000 and had to be removed!  You bet I remembered, that was the second bridge and our esteem First Selectman didn't understand the DEP and Inland Water Ways statutes.  The DECD made the removal of the bridge a stipulation to the $650,000 federal grant. So, what was the total funding for the Senior Center?

  Answer:
          (a)  $1,550,000
          (b)  $1,690,000
          (c)  $2,517,000
          (d)  $4,027,500
          (e)  $hit I don't know

But I do know one thing ... the previous "Senior Center" (in quotes) because it was really a Community Center used by every organization in town, Boys and Girls Scouts, Community Service, Thrift Shop, and many other organizations as well as overflow for town committee meetings. So, Mr. Hodge give back the $650,000 DECD Grant and make the Senior Center back into a Community Center.  Let all organizations use the facility without the problem of violating the 'use restrictions' imposed by a mere 16% of the real cost of the present Senior Center.  The following message is from the DECD in Hartford and it is clear that the use restrictions must be filed ... to date the use restrictions have NOT BE FILED.  Nor has the Land Records been properly filed reflecting the Planning Commission action of combining the property in one piece of municipal property.

---------- Forwarded message ----------
From: Sheridan, Bruce < Bruce.Sheridan@ct.gov>
Date: Aug 27, 2007 1:06 PM
Subject: RE: This month's meeting
To: rogercwise@gmail.com
Cc: "Hunter, Veronica A" < Veronica.Hunter@po.state.ct.us >, "Lusardi, Lawrence M" , jhodge@newfairfield.org

Mr. Wise, Veronica has asked me to respond to the issue you have raised, namely the "use restriction" for senior centers. The issue you raised is somewhat complicated based on the various circumstances you described. Simply put, we would expect a building built with Small Cities funds to be used as it was intended, that is, as a Senior Center. The building must be open during normal business hours and serve the seniors as defined by the federal government as 62 years old. We would expect the Town to maintain the building providing operational support with a director, heat, lights and insurance for the 'normal life of the building' (approx 25 years). We would want this "use restriction" placed on the land records to ensure its compliance with these requirements. The Town could not hold Town meetings in this facility. Failure to comply with this would require us to demand the funds be returned to the State.

Now, you have asked us whether those restrictions apply also to the Town's funds and again the first answer is yes, provided that all that was constructed was a senior center.

If the Town is trying to build a mixed use building, then certain other conditions must be determined. But first, it is important to know what activities are not eligible for Small Cities funding: primarily, new housing construction and buildings used for the general conduct of government. Principally, Small Cities funds are to be used in service to low and moderate-income persons of which seniors are considered automatically eligible.

So if the Town was to construct a building with 50% of the floor space used only for seniors and the other 50% of the building was to be used for other town business, then we could only provide 50% of the funding. For example, a 10,000 square foot building, with 5,000 square feet dedicated to seniors, would need to be pro-rated out of the total building costs including roof, interior design, electrical, plumbing, architectural fees, etc. Clearly, to ensure compliance, a separate portion of the building dedicated only to seniors with a separate entrance, or a totally separate senior center with no other activities would keep the issue clear. Sharing the same space is where we see conflicts arise and could call into question the eligibility of the entire building. Again, the senior center cannot be used for the general conduct of government.

You may call me at 860-270-8114.