DOCKET'NO: AAN-CV22-6047254-5 SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD v, ATMILFORD CITY OF ANSONIA, JUNE 23, 2022 DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION (DOCKET NO, 103.00/MOTION TO DISMISS THE PLAINTIFF'S COMPLAINT FOR WRIT OF MANDAMUS. ‘The Defendant, City of Ansonia (“the City"), hereby files this Objection to the Plaintiff's “Motion for Temporary Injunction In Aid of a Pending Action And For An Order For Hearing and Notice” (Docket No, 103.00), dated June 21, 2022, which seeks to improperly thwart the sale of City-ovined propery forthe development of a multi-sport recreation center presently scheduled for July 28, 2022. Adaltionally, the Plaintiff moves for dismissal ofthe underlying action for writ of mandamus, commenced by Amended Complaint dated June 16, 2022 (Docket No. 101.00) on that basis that i is being maintained in bad faith and for an {improper motive. ‘This Objection is made on the grounds thatthe Plaintiff cannot demonstrate facts necessary t support the issuance of a temporary injunction, and that Plaintiff's Motion for a ‘temporary injunction constitutes malicious, intentional interference witha legitimate {government process o the detriment of the City and its residents. The Plaintiff is entirely incapable of demonstrating facts necessary forthe issuance of a temporary injunction.Moreover, the unwarranted delay ofthe June 28, 2022 se will constitute economically damaging interference with « long-planned and highly publicized rollin dollar redevelopment project. More spevfically. 1. ‘The Plains cannot prove facts that establish ireparable harm, given thatthe City’s process ofthe June 28,2022 sal is aleady substantially compliant withthe reli prematurely sought by the Plaintiffs underlying writ of mandamus ation I, The Plaintiff cannot demonstrate tha it will prevail on the merits of his underying ‘writ of mandamus action, “an extraordinary remedy, available in limited circumstances for limited purposes" (See: AvalonBay Communities, Inc v, Sewer Commission, 270 Conn. 409, 416-17 (2004)), given the Plaintiff misguidedly seeks to entorce provisions the City Code (though Plaintiff erroneously refer to the provision as a section of the City Charter) that do nat logically apply tothe unique facts ofthe subject sale: IIL The issuance ofa temporary injunction would isk compromising andor delaying & critical redevelopment project ha the City has publily pursued since August 2019, and which it intended to vesolve for financial planning purposes by the end of fiscal H FL b a ie gE e i: year 2021-2022, The Plaintiff's alleged harm — which will be moot by the time of the sale ~is vastly outweighed by the harm that would be caused by the issuance of a temporary injunction; and 1V. Prior to the filing ofthe subjet Motion for Temporary Inunetion, and underlying ction for wrt of mandamus, the Plant knew, or should have known, that the City was in substantial compliance with its tated requests fr reli, tha alteative remedies were available that the Plintiintentionally declined to pursue, and that the filings were unnecessary, brought in bad faith with a malicious and politically 2‘motivated intention ~ specifically, that the Property be “devoted to public as ‘opposed to private use." See Plains Motion for Temporary Injunction, Paragraph 21. Based on the above, the Plaitif's Motion for Temporary Injunction must be denied without hearing, the Pliniff's underlying wrt of mandamus action must be dismissed, and the City must be allowed to proceed with its scheduled sale on June 28,2022, BACKGROUND “This mater involves the City of Ansonia proposed sale and redevelopment of @ property known formally a8 31-10S and 106-165 Olson Drive (hereinafter “Olson Drive” or “the Property”), which from 1962 until 2016 served as the site ofa public housing project ‘owned and operated by the Ansonia Housing Authority and known asthe “Olson Drive Housing Complex” or “Riverside Drive Apartments See Attachment 1, Affidavit of Sheila OMalley, Paragraph 4 12007, Ansonia residents ~ concerned about rising exime and homicides in the vicinity ofthe housing complex ~ approved « bonding initiative at referendum authorizing $5.5 million in City funding to demotish the Olson Drive Apartments. With the approval ofthe US Department of Housing and Usban Development ("HUD") the apartments were demolished coutingent upon a HUD-approved plan for replacement of uit tthe Property. See Attachment 1, Affidavit of Sheila O'Malley, Paragraph 8. On or about July 2019, the City of Ansonia commenced a negotiation with the Ansonia Housing Authority still he owner ofthe now vacant Property ~and HUD relative tothe City’s purchase of Olson Drive from the Ansonia Housing Authority forthe purpose of private redevelopment unrelated t public housing (“he sale” of “the transaction"), Such a transaction would requite HUD's approval to authorize the sale and removal ofthe deed restrictions thatlimited devetopment on Olson Drive to public housing. See Attachment 1, Affidavit of Sheila O’Maltey, Paragraph 6 From these negotiations, the City understood that HUD was willing 1 consider approval of sucha transection pursuant to terms including, but not limited to: 1) a proposal for reuse ofthe Property that would benefit the surrounding community, to include a recreational component 2) purchase price based onan independent appraisal approved by HUD; and 3) an agreement from the Ansonia Housing Authority that the proceeds ofthe sale would support their development of additional public housing elsewhere in Ansonia. See Atachment I, apf vit of Sheila O’Malley, Paragraph 7 Furthe,the City understood that an application to HUD's Special Applicaton Division in Chicago on behalf ofthe City of Ansonia and the Ansonia Housing Authority would be required to obtain approval forthe transeton, See Adachment I, Affideit of Sheila O'Malley, Paragraph 8. ‘Ou August 18,2019, in furtherance of ts application, the City published a request for proposals soliciting proposals fora rereation-oriented redevelopment of Olson Drive. See Exhibit A. The sole response tothe request for proposals was Printose Companies Realy, LLC andlor “Primrose Companies,” which submitted a proposal to purchase the Property for the purpose of operating a private multi-sport complex onthe Property o consist of an outdoor soccer field and two structures intended to house elated facilities (‘he Primrose Proposal”) ‘See Primrose's noice of response, attached as Exhibit B City and Ansonia Housing Authority staff subsequently included the Primrose Proposal a their aplication to HUD's Special Application Center requesting aproval ofthe sale of (Olson Drive from the Ansonia Housing Authority tothe City of Ansonia. Over the couse of the application process, HUD would require a more detailed site plan from Primrose‘Companies and would request additional information regarding environmental impact ofthe Primrose Proposal, See Aulachment 1, Affidavit of Sheila O'Malley, Paragraph 10. (On February 24, 2021, the City and Ansonia Housing Authority was informed that their application to HUD’s Special Application Center had been granted, The approval granted explicitly on the condition of the application, including the development of a recreational complex and the $510,000 purchase price ~is attached as Exhibie M. Further, a related approval from the Connecticut Department of Housing was granted on July 26, 2022, also included in Exhibit M. See Attachment I, Affidavit of Sheila O'Malley, Paragraph 11. ‘With the necessary approval having been obtained ftom HUD and the Connecticut Department of Housing, a closing on the Olson Drive Property was held on April 21,2022, conveying the Property fiom the Ansonia Housing Authority tothe City of Ansonia, See Attachment 1, Affidavit of Sheila O’Malley, Paragraph 12. ‘THE PROPOSED SALE TO PRIMROSE COMPANIES Since the April 21, 2022 closing the City of Ansonia has sought to negotiate terms of a sale of the Property to Primrose Companies, as contemplated by Primrose Proposal and represented in the City’s application to HUD’s Special Application Division. The City’s negotiation with Primrose was guided by terms set forth by the Ansonia Board of Aldermen, the City of Ansonia’ legislative body, on February 8, 2022. See Exhibit C. The sales price of {$510,000 was based on the appraisal approved by HUD for the City's purchase of the Property See Attachment 1, Affidavit of Sheita O'Malley, Paragraph 13. On June | 122, the Ansonia Board of Aldermen ordered the scheduling ofa public nearing and Board of Aldermen meeting to approve the sale of Olson Drive to Primrose ‘Companies on terms negotiated by City sta. See Exhibit D. As of the date ofthis Objection, the following meetings and hearings have been scheduled relative to the proposed sale:~ A public hearing onthe sale ofthe Property to Primrose has been noticed for June 28, 2022, See Exhibit E. Notice ofthe hearing was published inthe New Haven Register on lune 22, 2022. See Exhibit F = A mecting ofthe Ansonia Board of Aldermen to consider approval af the sale has ‘been noticed for June 28, 2022, after the heating See Exhibi G = A mecting ofthe Ansonia Planning and Zoning Commission, to issue a report pursuant to Connecticut General Statutes Section 8-24, scheduled on lune 27, 2022, See Exhibit H, See Atachment 1, Affidavit of Sheila O'Malley, Paragraph 14. City finance offcias have planned forthe sale of Olson Drive to oceur in the same fiscal yen as the City’s purchase ofthe Property from the Ansonia Housing Authority, withthe expectation that the proceeds from the sale wil offet the expeniture of the purchase. The City's schetle fr the ste, a set forth above wil accomplish the sae by the end ofthe 2021- 2022 fiscal year. Failure of the schedule to proceed as planned will constitute an economic, hardship oa distressed municipality, and risk damage tits financial sanding. See Autachment 2, Affidavit of City Finance Officer Kurt Mile. Standard of Review “The standard for granting a temporary injunction is well sted In general, a court may, in its discretion, exercise its equitable power to order a temporary’ injunction pending final determination of the order, upon a proper showing by the movant that ifthe it ‘ot granted he or she will suffer irreparable harm for which there is no adequate remedy at law A party seeking injunctive relief must demonsttate that: (1) it has no adequate remedy at Jaw; (2) it will suffer irreparable harm without an injunction; (3) it wil likely prevail on the merits; and (4) the balance of equities tips in its favor ..The plant seeking injunctive relict: 3 : a ani, 24024 SoveiLentene, Le bears the burden of proving facts which wil establish ireparable harm a a result ofthat Violation. Moreover [fhe extraordinary nature of injunctive rele egies that the harm complained of i occuting or will occur ifthe injunction is not ranted” (Citations omitted internal quotation marks omitted, Agleh v. Cadierock Joint Venture I, LP, 299 Conn. $4, 97-98 (2010). ‘In exercising its discretion, the cour, ina proper ease, may consider and balance the {injury complained of with that which will result from interference by injunction.” (Internal ‘quotation marks omitted) Moore v. Ganins, 233 Conn. $57, $69 n, 25 (1995), Further, “{Jhe relief granted must be compatible with the equities ofthe ease." Berin ». Olson, 183 Conn. 337, 343 (1981) citing Moore v. Serafin, 163 Conn. 1, $ (1972). 1. THE PLAINTIFF CANNOT DEMONSTRATE IRREPARABLE HARM ‘The harm alleged bythe Plaintiff tha the Cty will ransfer the Olson Drive Property {in violation of State and municipal regulations —is not occuring and will not oceur. In fact, the City is already substantilly compliant with the equests for relief sought inthe Plaintis's underlying weit of mandamus action, leaving the Plaintiff with no good faith basis to maintain its allegetions against the City “The plaintiff seeking injunctive relief bears the burden of proving facts which wil ‘stablish imeparable harm asa result ofthat violation .. Moreover, fe extraordinary nature of junctve relief requires that the harm complained of is occurring or will occur if the injunction isnot granted.” (Emp is added] Agleh v. Cadlerock Joint Venture Il, LP, supra., 299 Conn. at 97-98. Here, the Plaintf¥ alleges it will be harmed by the City’s sale ofthe Olson Drive Property in violation of “bath the City of Ansonia Charter [again, Plaintiff erroneously refers to ‘section of the City code as “the Charter"] mandates pertaining to the sale of real property andthe stattory mandates pertaining othe sale of el property set fon in said Section 8:24 of the Connecticut General Statutes" See Plaintiff's Motion for Temporary Injunction, Paragraphs 10-12, Similaty, the Plaintiff's underlying writ of mandamus action makes two essential requests for rlif 1) tha the City comply with the Ansonia City Code, Chapter 2, Anticle XX See, 2-125 (hereinafter "Section 2-125" and attached heroto as Evhibic); and 2) that he City comply with the provisions of Connecticut General Statutes 8-24, which requires that the Ansonia Planing and Zoning Commission render a report ofthe disposition ofthe Property See Plaintiffs Amended Complaint, Request for Relief Paragraphs 1-2, Page 8 ‘Yet, as outlined below, the City is already in substantial compliance with the Plant's requests for reli, thereby negating the harm alleged inthe instant Motion for Temporary Injunction ‘Compliance withthe Ansonia Cade While the City doesnot agree with he Plaintist on the applicability ofthe above-referenced Code provision tothe instant mater, the City has nevertheless complied as fll as practicable with Section 2-125, leaving the Plintif with no reasonable claim for further relief, Specifically, the City has complied with the following aspects of Section 2-125: ‘The sale of the Property was subject to @ public bidding process in that the City solicited proposals forthe development project. See Exhibit A. = A public hearing will be held prior tothe sale ofthe Property, presently scheduled for June 2 2022. See Exhibit E. Notice of the hearing was published in the New Haven Register on June 22, 2022, See Exhibit F.3 Pe 2 a = a PH y = In connection with this Objection, the City is providing affidavits in support ofthe subject sale fom members of Ansonia's Conservation Commission and Parks and Recreation Commission. See Exhibit J Significantly, the process being followed by te City relative tothe proposed sale is ‘more transparent and public than the process outlined in Section 2-125 in that a pubic hearing is being held atime when the details ofthe sale are publicly available, being published on the City’s website and available for inspection in Ansonia’s Town and City Clesk’s Office. This isnot a requiterent se forth in Section 2-125 Additionally, the public hearing hasbeen noticed ina newspaper. This is also nota requirement st forth in Section 2-125 Compliance with C.G'S. Section §-24, With respect to compliance with CGS. Section 8-24, the Plaintif's Motion for Temporary Injunction is premature. The Ansonia Planning and Zoning Commission isschedled to meet forthe purpose of issuing a report pursuant fo C.O.S Section 8:24 on June 27,2022, See Exhibit H. Moreover, the Planing and Zoning Commission has previowsly issued favorable reports relative tothe City’s purchase of the Property (See Exhibit K) and the lease or sale of adjacent properties in furtherance of the Primrose Proposal (See Exhibit L). Based on the above, the Plaintiff has no reasonable basis to request farther relief this Court and wil suffer no harm from the City’s sale ofthe Property. For those reasons alone, the Plaintf’s Motion for Temporary Injunction must propery be denied Ml, THE PLAINTIFF CANNOT PREVAIL ON THE MERITS ‘The Plaintiff cannot, in good faith, demonstrate that itis likey to proceed on the merits ofits underlying action for writ of mandamus, and therefore snot entitled to a temporary injunction. “A party seeking injunctive relief must demonstrate that... (3) i will likely prevail3 f an the meres.” [Exuphass added] Agleh v. Calerck Joint Venture I, LP, supa, 299 Conn a 97-98 “Mandamus i an extraordinary remedy, available in Kinited circumstances fr limited purposes... It is fundamental that the issuance ofthe wrt rests inthe dseretion of the cour, not an arbitrary discretion exercised a a result of eaprice but a sound disretion exercised in accordance with recognized principles of law... That diseretion wil be exercised in favor of| issuing the wrt only where the plaintiff has a clear legal right t have done that which he secks... The writ is proper only when (1 the aw imposes on the party against whom the wrt would run a duty the performance of which is mandatory and not discretionary; (2) the party “plying forthe writ has a clear legal ight to have the duty performed; an (3) there is no other specific adequate remedy.” (Esophasis added} (Internal quotation marks omited) Miles 1: Foley, 253 Conn. 381, 39 (2000). “Even satisfaction ofthis demanding [ree-pronged] tet does not, however automatically compel asuanoe ofthe requested writ of mandamus. In deciding the propriety ‘ofa writ of mandamus, the trial court exercises discretion rooted in the principles of equity.” (Citation omitted) Hennessey v. Bridgeport, 213 Conn. 656, 659 (1990). Her, the Plaintiff cannot meet the “demanding thee-pronge test” required to prevail con an action for wet of mandamus The City has discretion to interpret its rules and regulations Fira, the Plaintiff must demonstrat that the law it seeks to impose upon the defendant is “mandatory and not disretonary:" With respect to the Plaintiff's request forthe City to conyply wit the requirements of Connesticut General Statutes Section 8-24, he issue is entirely moot, given the City is complying with statute. See Exhibits H, K and L. The same can be said for the Plaintif's request forthe City to comply strictly with the provisions of 10‘Ansonia Code Section 2-125. The City is already insubstantial compliance with Sesion 2-125, See Exhibits E, Fand J Further compliance with Section 2-125 isnot logically possible given ha the provision does not address the unique circumstances ofthe subject sale, which required the City to solicit requests for proposals prior to being granted HUD permission to purchase the Proper. Seetion 2-125, however, contemplates situations where the City is simply selling a property it already owns to the highest bidder. The instant transaction constitutes a complex redevelopment plan not catemnplated by any provision ofthe Ansonia Code ‘The City was therefore required to use its discretion in substantially complying with the provision ofthe City Code. Asset forth above, the compliance resulted in a process ‘considerably more transparent and public than the process otlined in Section 1-125, Plait essentially seeks to deprive th City ofits discretion to interpret and apply Section 2-125, Therefore, the Plaintiffs not entitled to «writ of mandamus. The City has the iseretion to interpret the avs of its Code in a logical manner andi interpretation shouldbe sven considerable weight, “[T]he interpretation of provisions of city charter by the city counil or other town authorities has been given considerable weight by cours construing and applying sch provisions." See Burwell, Board of Selectmen, 178 Conn. 508, 518 (1979) 1b. The Plaintiff has no legal right to havea duty performed. Second, to prevail on the underlying action for weit of mandamus, Paitiff must demonstrate that he has a ear legal right” forthe requested duty to be performed. As stated previously the City has already substantially complied with the Plaintiff's requests for relief ‘Accordingly, this entire matter is moot It is unclear what further “duty” the Plants requesting the City to perform.6. The Plaintiff has other remedies avilable and, in fact, does not need a remedy. Finally, to prevail on the underlying action for wet of mandamus, Plaintiff must demonstrate that no other “specific adequate remedies” exist. Yet at no time did the Plaintift submit a request for administrative relief tothe City, orto the Ansonia Board of Aldermen, Moreover, the City has already substantially complied with the Plaintiff's requests for reli. Therefore, the PlantfThas already becn remedied Given the above, the Paintiff cannot demonstrate he is likely to prevail on his underlying ction for wrt of mandatns. Infact, itis unlikely that Pliniffcan satisfy a single clement ofthe “demanding tte prong test” necessary to compel the issuance ofa wit of ‘mandamus, Accordingly, the Plant's Motion for Temporary Injunction must properly be denied IN, THE ISSUANCE OF A TEMPORARY INJUNCTION WOULD UITABLY HARM THE CITY. exercising its discretion, the court, in @ proper ease, may consider and balance the injury complained of with that which wil result fom interference by injunction.” (Internal «quotation marks omitted ) Moore v. Gani, supra., 233 Conn at $69 n.25 (1995). City finance officials have planned forthe sale of Olson Drive to oocur in the same fiscal year as the City’s purchase ofthe Property from the Ansonia Housing Authority, with the expectation thatthe proceeds from the sale wil oft the expenditure ofthe purchase, The City’s schedule forthe sale, a et forth above, wil accomplish the sleby the end ofthe 2021- 2022 fiscal year. Failure of the schedule o proceed as planned wl constitute an economic hardship to the City, and risk damage to its financial standing ‘The Plait’ alleged harm which wil be moot bythe vine ofthe sale —is vastly ‘outweighed by the harm that would be caused by the issuance ofa temporary injunction3 8 IV, THE PLAINTIFF'S MOTION AND UNDERLYING ACTION ARE IN BAD FAITH A disciplinary dismissal is appropriate inthis matter, where the Plaintiff" claims are being maintained in bad faith Is well settled that teal court “has the inherent authority to impose sanctions against sn attomey and his client for a course of claimed dilatory, bad faith and harassing litigation conduct.” (Internal quotation marks omitted.) CFM of Connecticut, In. ». Chowdhury, 239 Conn. 375, 393 (1996), overruled in parton other grounds by State v Salmon, 250 Conn. 147 (1998). ‘The Plaintiff now knows —or should know ~ thatthe public hearing had been noticed for June 28, 2022, prior tothe contemplated sale of Olson Drive. This is because the City has placed notice ofthe hearing on its website and published « copy a said notice in the New Haven Register. See Exhibits E and F. Given the above, the Plaintiff's action for writ of mandamus and Motion for Temporary Injunction are being maintained in bad faith. The Plaintiff cannot reasonably expect further relief tobe provided from this Court. Further, the Plaintiff cannot in good faith claim that he ‘will suffer any harm from the City's sale of Olson Drive. At bes, the Plaintiff's filings have been made prematurely, and in ignorance ofthe steps being taken by the City t effectuate the lawl sale ofthe Property. At worst, the Plaintf's actions are a malicious attempt to thwart the June 28, 2022 sale inespective ofthe City’s substantial compliance with the relief requested by the Plaincit In Plaintf?s underlying writ of mandamus aetion and Motion for Temporary Injunction, the Plaintiff alleges that Olson Drive Property is “better devoted to public as opposed to private use." See Plaintiff's Motion for Temporary Injunction, Paragraph 21, andj i i i Amended Complaint, Count One, Paragraph 22. The Defendant contend tat this allegation constitutes the Paints tue politcal motivation for maintaining its lings in bad faith: to prevent the sale of Olson Drive toa private developer at any means necessary. ‘The Cour should not tolerate the Plaintiff's misuse ofthe judicial system to purse a politcal agenda. The Plaintiff's underlying action for writ of mandamus is being maintained in ‘bad faith and must propery be dismissed. CONCLUSION ‘The City requests that its Objection to Plaintif's Motion for Temporary Injunction bo sustained, and thatthe City be allowed to proceed with ts June 28, 2022 sale ofthe Olson Drive Property. Further, the City requests thatthe Plaimtif's underlying writ of mandamus ction be dismissed DEFENDANT, CITY OF ANSONIA By:__426217 John. Masini Marino, Zabel & Sehellenberg, PLLC {657 Orange Center Road Orange, CT 06477 ‘Tel: (203) 751-2854 Fax: (203) 456-8249 E-mail: imarini@mzslaw com Juris No, 441393 CERTIFICATION OF SERVICE, 4| certify that a copy of the foregoing Answer was or will immediately be mailed or delivered electronically or non-electronically on the hereinabove date, to all counsel and self represented partes of record and that written consent for electronic delivery was received from all counsel and selfrepresented parties of record who were or will immediately be electronically served: ‘Thomas Egan Egan Law LLC 1 Kingston Drive, suite 6B Ansonia, CT 06401 Via e-mail: thomaseganlaw@gmailcomAttachment 1i 33 u a DOCKET NO: AAN-CV22-6087254-S SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD v ATMILFORD CITY OF ANSONIA, JUNE 23, 2022 AFFIDAVIT OF SHIELA O°MALLEY, IN SUPPORT OF DEFENDANT'S OBJECTION STATE OF CONNECTICUT ss ANSONIA, JUNE 23, 2022 "New Haven County 1, Sheila O°Mally, boing duly awom do depods and aay 1. Tam over the age of 18 and understand the obligations of an oath, 2. lam the Economie Development Director forthe City of Ansonia and have served asin this position sine 2014 3. am personally familiar with the circumstances an facts set fort in the Defendant's ‘Objection to Plaintiffs Motion for Temporary Injuneton, and the facts set forth in this Affidavit 4. The property known formally as 31-105 and 106-165 Olson Drive (hereinafter “Olson Drive” or “the Property”) from 1962 until 2016 served asthe site ofa public housing project owned and operated by the Ansonia Housing Authority and know asthe “Olson Drive Housing Complex” or “Riverside Drive Apartments.”8. Further, the City understood that an application to HUD's Special Application Division in Chicago on behalf of the City of Ansonia and the Ansonia Housing Authority would be required to obtsin approval forthe transaction 9. On August 18,2019, in furtherance ofits application, the City published a request for proposals slicing proposals fora eeration-oriented redevelopment of Olson Dive “The sole response tothe request for proposals was Primrose Companies Realty, LLC andlor “Primrose Companies,” which submitted a proposal to purchase the Property for the purpose of operating a private multi-sport complex on the Property, to consist of an outdoor soccer field and two structures intended to house related facilities (the Primrose Propose!) 10. City and Ansonia How ng Authority staff subsequently included the Primrose Proposal in their application to HUD's Special Applicaton Center requesting approval ofthe sale of Otcon Drive from the Ansonia Housing Authority tothe City of Ansonia, Over the course ofthe application process, HUD would require a more detailed site plan from Primrose Companies and would request sditional information regarding environmental impact ofthe Primrose Proposal. (On February 24, 2021, the City and Ansonia Housing Authority was informed that their application to HUD's Special Application Center had been granted. The approval was {granted explicitly on the condition of the application, including the development of @ recreational complex and the $510,000 purchase price. Further, a related approval from the Connecticut Department of Housing was granted on July 26, 2021 12, With the necessary approval having been obtained from HUD and the Connecticut Department of Housing, a closing on the Olson Drive Property was held on April 21§ : iB E 3 f 14 2022, conveying the Property from the Ansonia Housing Authority to the City of Ansonia Since the April 21, 2022 closing, the City of Ansonia has sought to negotiate terms of a sale of the Property to Primrose Companies, as contemplated by Primrose Proposal and represented inthe City’s application to HUD's Special Application Division. The City’s negotiation with Primrose was guided by terms set forth by the Ansonia Board of ‘Aldermen, the City of Ansonia’s legislative body, on February 8, 2022. The sales price ‘$510,000 was based on the appraisal approved by HUD forthe City’s purchase of, the Property, ‘On June 14, 2022, the Ansonia Board of Aldermen ordered the scheduling of a public hearing and Board of Aldermen meeting to approve the sale of Olson Drive to Primrose ‘Companies on terms negotiated by City staf, As of this dat, the following meetings nd leavings ave been scheduled ‘elative tothe proposed sale: = A public hearing on the sale of the Property to Primrose has heen noticed for June 28, 2022. Notice ofthe hearing was published inthe New Haven Register on June 2,22, = A-meeting ofthe Ansonia Board of Aldermen to consider approval ofthe sae has been noticed for June 28, 2022, after the hearing = A meeting ofthe Ansonia Planning and Zoning Commission, to issue a report pursuant to Connecticut General Statutes Section 8-24, is scheduled on June 27, 2022.15. Ihave first-hand knowledge as tothe facts alleged in this Affidavit 16. The statements set forth inthis Affidavit are true to my own knowledge, SHEE Malley Sheita O°Malley haven proven her identity wo me subscribed and sworn to me this 23 day of Sune, 2022: smmissioner of the Superior CourtAttachment 25 e 7 a e DOCKET NO: AAN-CV22-6087254-8 SUPERIOR COURT. MATTHEW MCGOWAN : JUDICIAL DISTRICT OF ANSONIA/ MILFORD ¥, AT MILFORD CITY OF ANSONIA, JUNE 23,2022 AFFIDAVIT OF KURT MILLER, IN SUPPORT OF DEFENDANT'S OBJECTION STATE OF CONNECTICUT : ss ANSONIA, JUNE 23, 2022 New Haven County 1, Kurt Miller, being duly sworn do depose and say 1, Lam over the age of 18 and understand the obligations ofan oath 2. Lam the Finance Director forthe City of Ansonia and have seeved asin this position 2 2020, 3. City Gnance offical have planned fr the sale of Olson Drive to ocur in the same fisal year asthe Citys purchase ofthe Property from the Ansonia Housing Authority, 4 ith dhe expectation thatthe proceeds fom these wil offset the expenditure ofthe purchase 5. TheCiy's schedule for the sale as st forth above, wil accomplish the se by the en ofthe 2021-2022 fiscal yer 6. Failure ofthe schedule to proceed as planned will eonsttute an economic hardship the City of Ansonia ~a distressed municipality, and risk damage to its financial standing7. Thave first-hand knowledge as tothe acts alleged in this Affidavit. 8. ‘The statements set forth inthis Affidavit are true to my own knowledge. VELMA Kurt Miler ‘Kurt Miler, haven proven his identity to me subseribed and sworn to me this 23" day of June, 2022: Ton P/M, Commissioner ofthe Superior CourExhibit “A”LEGAL NOTICE ‘THE CITY OF ANSONIA AND MAYOR DAVID S. CASSETT REQUEST FOR PROPOSALS. This Recuest for Proposals is forthe accuisition of two sites boated at Olson Drive in Ansonia, CT andthe cavakopment of recreational facilty or facies. The project must prow for sports raining and recreation that adkrossos the naeds ofthe rasidants of the City of Ansonia. The Cty wil acquire the property from the Ansonia Housing Authority and will work withthe succossful crvloper torent a andlaposion agreement by October rpcraational facts, The development must comply wth al Zoning regulations oF as modied to accommodkate tha proposal ‘The dovolopmant must have on-sita parking to accommodste the faclty/faciities being propesad. The proct objactves are to rate a mix of recreational uses with bulkdngs and site sovements. RFP packages may bs obtained atthe Town land City Clerk's Office, 253 Main Street, Arsonia CT. Any rm [desiring to furnish a proposal for such projact shall submit a sealed proposal according tothe instructions andl format sat fort inthe RFP package. Atour of the site can be arranged by emailing Shella O Malley at [email protected], Proposals shall be Jie and fled withthe Clerk's Ofice on or before apm Tusscay | September Gr 2019. The Cty of Ansonia reserves the right 10 reject any and all proposals for ay reason, sme go commalloNearovesahaeteugenaieclhgl copaExhibit “B”PRIMROSE COMPANIES Toa Dig ee iy of Asia September 08,2019 Dis of eTown Cle ‘Antonia hy Hal 253 Min Stet, Second F ‘Ansan CF 0601 RE: Recto ites development propo! Redewdopmentaf Las 8800 Olson ive, Ansonia CT. ‘This ened test sto rove x apo oth RP ised ty the iy of Ansonia othe sore lence rope ‘We propos topcase he above renal ss nto Olson Df tie evelopment ofa mul ay spr compen Tow oferta teas serhy aed {To unde aT Thowand (250,000.00) Dolan. Tio negate ted ay be nro cose aon the Cy of Anson's vat th bees THe Cty an tress wl erie or ths evelopment ‘The propos development wl oss of 000 guar fetal spor blng. 1539.00 squre foo dor ses sity an IFA Lge ns “he ml cy sper wl ave ea peas nc vento Fore Mian (61420000000) Dai ‘The development ofthis mu fy Sports Cop wil ei popery tnx abiemen| progr be neptised tsed othe ached roponed auine ‘igh set em“sega ANSONIA SPORTS comPrEX aS OLSON DRIVE “ANSONIA, OF tkExhibit “C”tems from Executive Session Potential Properly Sale and Development ‘Sports Complex on Olson Drive as ‘Alderman Mammone exolained, displayed on the screen is term shee! for development for the Sports Complex at Olson Dive. I wll read the esplution Resolved, ‘The Ansonia Board of Aldermen authorize the Mayor's Staff tonegotiate, craft, finalize and ‘execute @ contract between the Ciy of Ansonia and Primrose Companies, noted as, "Primrose" in this resolution, forthe development ofa sports complex at Olson Drive lots 5 ‘and 6, pursuant to the essertal terms below. 1) Primrose shall purchase Olson Drive lots § and 6 “the Property” ftom the City of + Ansonia forthe far market purchase price of $510,000.00, payable in full upon “closing 2) Primrose shall invest $18.5 milion to develop a 39,000 square foo indoor soccer Complex, FIFA sized soccer and 49,000 square foot multvsports andor indoor NCAA-sized ice-skating rink on the property to commence construction in 2022. '3). The owner of the muli-sports complex shall work colaborativaly wih the City of ‘Ansonia to offer facity space, financial discounts, or a combination of both 10, ‘Ansonia residents. 44) The City shal provide Primrose Companies, LLC with a mult-yeer, graduated tax Incentive program Tax incentive program shall be indepondentiy approved by Rosolution of the Bggrd of Aldermen ‘Alderman Mammone MOVED to adopt the Resolution; SECONDED by Rivers. Motion ‘carried unanimously, 2 Maple Street lac", Ansonia ‘Tax Appeal ~ Pending Litgetion ‘Alderwoman Tar MOVED to authorize Corporation Coungel to proceed as discussed In Exooutive Session; SECONDED by Alderman Knott. Motion carried unanimously. 3 Skuretv. Ansonia ~ oe a Tax Appeal ~ Pending Ligation ‘Alderwoman Tar MOVED to authorize Corporation Counsel to proceed as discussed In Executive Session; SECONDED by Alderman Rivers. Motion carried unanimously. February 8, 2022 ‘Ansonia Board of Alderman Page 24 of2Exhibit “D”© Ansonia Board of Aldermen {At the full Board of Aldermen meeting of June 14, 2022, held on the Zoom platform Via the internet, with a quorum of 10 members present, $ absent, and 1 vacancy, [Danielking. Ri [ present Vacancy, Ware 4 I Charles Stowe, RT| absent Joseph Joumann. R5___| Present Steven Adamowski, R2 | present ‘Chicago Rivers, RS Present [Bobbitor.u2_____[ present ‘Anthony Mammone, Ré | Present Joseph Cassetii, 83 | present Joshua Shur, R6 Present Joseph Jeanette, 03 | present David Blackwel, Jr, R7 | absent [Robert Knott, R4 present Frank DeLibero, Jr R7 | Absent the following actions were taken regarding the sale of the Oson Drive Property: 1. Potential sale of Cily property: Olson Drive Alderman Jaumann MOVED to direct Corporation Counsel fo proceed as discussed In Executive Session; SECONDED by Alderman Rivers. Molion cattied unanimously. Alderman Jaumann MOVED fo schedule a public hearing regarding the sale of (Olson Drive at 6 pm Tuesday, June 28"; SECONDED by Alderwoman Tar. Motion, carried unanimously. Alderman Jaumann MOVED fo schedule a public hearing regarding a tax incentive document for Olson Drive at 6 pm Tuesday, June 28; SECONDED by Alderman Cossetti. Motion cartied unanimously. Respecttully submitted, Paticia MN. Buudev Patricia M. Bruder, Secretary ‘Ansonia Board of AldermenExhibit “E”CITY OF ANSONIA NOTICE OF PUBLIC HEARINGS [NOTICE IS HEREBY GIVEN that the Ansonia Board of Aldermen will old two PUBLIC HEARINGS ‘on Tuesday, June 28, 2022, in the Aldermanic Chambers (second floor) of Ansonia City Hal, 253 ‘Main Street, Ansonia, Connecticut, as follows: oe 1, At6:00 p.m. a public hearing onthe sale of city owned property at 31-105 and 106-165 (Olson Drive to Primrase Companies Realty, LLC. Documentation relative to the proposed sole Is available fr inspection by the public inthe Ansonia Town and City Clerk's Office, 253 Main Street, Ansonia, Connecticut. 2. ALE:25 p.m, a public hearing on a Resolution authorizing a tax incentive to Primrose Companies Realty, LC pursuant to Connecticut General Statutes Section 7-480 et. eq, relative to the proposed sale and development of 31-105 and 105-165 Olson Drive. The ‘proposed Resolution is availabe for inspection by the public inthe Ansonia Town and City lerk’s Office, 253 Main Street, Ansonia, Connecticut. ‘TOWN AND CITY CLERK GAL AR DateExhibit “F”zrsareNe ooezr2s2? ‘customer nfoonation CREO taal “CITY OF ANSONIA NOTICE OF PUBLIC HEARINGS #8 7, ae nny on 3 Reon uarry 3 une eae sce ee co ae aoe a vam ingot ‘seats ‘a, na em Adin” Aan 0 sunia $000 up ates Product and Zone eget cor ‘inseris Placement ae ato Dt Aye nt in Pt aa esha, ze Tee 3 ren eee are ten ~ pal ool cond iab=antraouF les GaskSNCOVHIR TARY pect meeagePaExhibit “G”Citp of Ansonia 259 Maln Street Ansonla, Connecticut 06401 HI rou aus ft tu Seonin canvsenis oe o one conser BOARD OF ALDERMEN ‘Tuosday, June 28°, 2022 Aldermanic Chambers 283 Main St Ansonia, CT 06401 6:45PM AGENDA 1. Pledge of Allegiance 2, Rall Call 3, Consideration for approval - Sale of 31-105 and 106-165 Olson Drive to Primrose ‘Companies Realty, LLC. 4, Consideration for approval - Resolution authorizing a tax incentive to Primrose Companies Realty, LLC, pursuant to C.G.S. Section 7-480 et. seq. and Connecticut General Statutes Section 12-656. 5. Action on items 3 & 4, ifany. 6, DECD Certified Resolution ofthe Governing Body Re: Demolition and remediation of 35 Nozth Main St 1. Thee items Ansonia Rescue Medical Service Departtent have for sucplus othe city or auction. 2) 1978 Meretes Bena Box Truck Vin: 348 033-12-52789 &) 1988 Trail ight 6616T Utility Natbed taller ©) 2004 Ford Expeiton Vin: FMFUI61 341884324 8, Bid Award for Stamford Demolition Re: 35 Main Stee, 9. Adjourn NOTICE TO THE PUBLIC ‘To ensure ADA Compliance pss eal (203)-736-5900 48 hours prior to the metingExhibit “H”City of Ansonta 253 Main Sireet Ansonia Connection 06401 PLANNING AND ZONING COMMISSION AGENDA, ‘The Ansonia Planning & Zoning Commission will hold Public Hearing and Regular ‘meeting beginning at 6:30 p.m, Monday, June 27, 2022 via Zoom. Public Hearing 1, Callto order and Pledge of Allegiance 2. Rolleall 3. Calltwoorder and open the public hearing a Zoning Text Amendment ~ Cluster Subdivisions - Planning & Zoning Commission 4. Close/Continue the Public Hearing Regular Meeting: Call to order and Pledge of Allegiance Rell all Acceptance of minutes - regular meeting 5/23/2022 Approval of Bills Correspondence Public Session. 01d Business: a. 1 Chestnut St.- Site Plan for MV location - Sanchez b, 173% Wakelee Ave. Site Plan ~ Borelli © BAFriers Dr. - Site Plan ~Winlonix LLC 8. Items for discussion and possible action: a. Zoning Text Amendment ~ Cluster Subdivisions ~ Planning & Zoning Commission 9, New Business: a. 8-24 referral -sale of 1 Olson Dr. ~ City of Ansonia b. 19 Sheasby Dr, ~ Site Plan for Accessory Apt ~ Cora © 254Main St. - Site Plan for Change in Use ~ Trepea 49 Ford St. Cluster Subdivision Giaimo10. Reports: a City Engineer b. Zoning Enforcement Officer violations fi, Variances «City Planner 11, Any other business to come before the commission 12. Adjournment E ‘To ensure ADA Compliance Requirements, cll 203-736-500- atleast 48 hours prior to the ‘meetingExhibit “I”Sec. 2125, - Procedure to sell cy property. From time to time the city may be asked or may decide to sell property It owns. This property may be a ‘small fraction of land or a full building lot ora parcel consisting of several acres t could also be property containing buildings. This procedure pertains to all parcels of property, with or without buildings on it. PROCEDURE Request s received asking to sell city owned property or the board of aldermen (herein after "BOA") decides to sell ty property of significant size: (1) The conservation commission and parks and recreation commissions are asked for their ‘opinion. The BOA specifically wants to know ifthe property has open space, conservation or recreational value tothe city (2) Ifthe answer were "yes" and the BOA agrees, the BOA would be guided by this information, (B) | no, the BOA would seek an 8.24 referral rom planning and zoning, (4) Ifthe 8.24 were favorable to sel, the 2OA would proceed with this process, (6) Ifthe 8.24 is unfavorable, the BOA must override the unfavorable by a two.thirds vote to proceed. (6) Ifthe 8.24 is favorable or if the unfavorable 8-24 is overridden, the BOA can then proceed to have the land appraised. (7) Ifthe appraised value of the real property is $250,000.00 or higher, the board of aldermen ‘must hold a public hearing before deciding to sell and advertising for bids. (®) Upon receipt ofthe appraisal, the city would advertise that its accepting bids no lower than the appraised price (or another price agreed to by the BOA) with a cutoff date to receive sealed bids. ll bids are required to be accompanied by a certified check equal to ten percent of the bid price. (9) The town and city clerk would open the bids and refer them to the community property/sales committee of the BOA which will determine the highest, responsible bidder. (10) The BOA approves the price and authorizes the sale. (11) Properties of non-significant size (less than a building ot) shal proceed through steps (1) through (10) except that the only eligible bidders are only those property owners whose properties are contiguous to proposed property to be Sold. Qualified property owners will he notified by legal advertisement and by certified requested mail bythe Office of Corporation counsel (12) Properties which qualify under section (11) may be purchased by parties whom do not oun property ifthe contiguous property owners are made aware of the potential sale of the property and al of the contiguous owners have been provided with the first option topurchase the property and have refused to purchase the property. Steps (1) through (10) apply. (13) Any prospective sale of ty property shall be the entire parcel, No sale willbe permitted for a Portion of the city property with the city stil owning a balance ofthe city property. (rd. of 9-11-07)Exhibit “J”i i i DOCKET NO: AAN-CV22-6047254-S SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD. v AT MILFORD. CITY OF ANSONIA, 5 JUNE 23,2022 uy SUPPORT OF DEFENDANT'S OBIECTION statbor conwecnicur ss ANSONIA,JUNE23,202 Now Hyon Coy [Miche DAs eng dy som db dos ad say 1. Tam overthe aga and understand the obligations of moat 2. Lama menberofAnons's Pat's nd Rereon Commision 3. lism enon dat he Cio Assaf Ol Dive orth development ofa private por comple isin thes interest of the Ci of Ansonia and ites. 4. Thave first-hand knowlege as to the facts alleged in this AMidavit. 5. The statements set forth in YC true to my own knowledge Michael D*Alessi ‘Michael D'Alessio, haven proven his identity (o me subseribed and sworn to me this 23" day of June, 2022: — ‘Commissioner of the Superior CourDOCKET NO: AAN-CV22-6047254-8 SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA’ MILFORD . AT MILFORD CITY OF ANSONIA, JUNE 23, 2022 AFFIDAVIT OF JEFFREY COPPOLA, IN SUPPORT OF DEFENDANT'S OBJECTION STATE OF CONNECTICUT ss ANSONIA, JUNE 23, 2022 New Haven County | Jefftey Coppola, being duly sworn do depose and sy 1. Tam over the age oF 18 and understand the obligations ofan oath 2. Lama member of Ansonia's Park's and Recreation Commision. 3. is my opinion thatthe City of Ansonia’s sale of Olson Drive forthe development of a private sports complex isin the bes interest ofthe City of Ansonia and its residents 4, Thave first-hand knowledge as to the facts alleged in this Affidavit. 5. ‘The statements set forth in this Affidavit are true to my own knowledge. Feline Jeflrey Coppola, haven proven his identity tome subseribed and swom to mi his 23" day of Jane, 2022: John Py Marini, Gphmissioner of the Superior Courti ic u e y DOCKET NO: AAN-CV22-6047254-S SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD, . AT MILFORD. CITY OF ANSONIA, JUNE 23, 2022 ABFIDAVIT OF TRACEY DELIBERO IN SUPPORT OF DEFENDANT'S OBJECTION ss ANSON, SINE, 202 Sow itnen Cay 2 sm pc at bey of Anno Oo Dr fr he deopen pina prs onl sine ents te Cy of Anna nisin 4. The nd nl ate ts ep hisAi WD Sbere Tracey DeLibero Travey DeLibero, hgygn proven he identity to me subscribed and swom to me this 25" day ofi 4 z £ : : 5 i 3 DOCKET NO: AAN-CV22-6047254-S ‘SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD. v ATMILFORD CITY OF ANSONIA, JUNE 23, 2022 AFFIDAVIT OF JOHN MALONEY, IN SUPPORT OF DEFENDANT'S OBJECTION STATE OF CONNECTICUT ss ANSONIA, JUNE 23, 2022 New Haven County 1, John Maloney being duly swom do depose and say: 1. Lam over the age of 18 and understand the obligations ofan oath 2. Tama member of Ansona's Conservation Commission 3. Itismy opinion that the City of Ansonia's sale of Olson Drive forthe development of @ private sports compl isin the best interest ofthe City of Ansonia and its residents, 4 Thave first-hand knowledge as to the facts alleged in this Affidavit. 5S. ‘The statements set forth in this Affidavit are trac to my own knowledge, hh John Maloney, haven proven his identity to me subscribed and sworn to me this 23 day of Sune, 2022:i u 4 a DOCKET NO: AAN-CV22-6087254-8 SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD . AT MILFORD CITY OF ANSONIA, JUNE 23, 2022 AFFIDAVIT OF TIMOTHY HOLMAN, IN SUPPORT OF DEFENDANT'S OBJECTION STATE OF CONNECTICUT ss ANSONIA, JUNE 23, 2022 New Haven County 1, TIMOTHY HOLMAN, being duly swom do depose and say: 1, Tam over the age of 18 and understand the obligations of an oath, 2. Tam a member of Ansonia’s Conservation Commission and Ansonia Parks and Roereation Commission, 5. [tis my opinion thatthe City of Ansonia’s sale of Olson Drive forthe development of @ private sports complex is in the best interest of the City of Ansonia and its residents, 4. Thave first-hand knowledge as tothe fats alleged in this Affidavit. 5. ‘The statements set forth in this Affidavit are true to my own knowledge. ‘inothy Holman Timothy Holman, haven proven his identity to me subscribed and sworn to me this 23° day of June, 2022: John P. Marini, Commissioner ofthe Superior CourtDOCKET NO: AAN-CV22-6047254-S SUPERIOR COURT MATTHEW MCGOWAN JUDICIAL DISTRICT OF ANSONIA/ MILFORD. y : ATMILFORD CITY OF ANSONIA, JUNE 23, 2022 AFFIDAVIT OF MICHAEL MICHELLE LIBBEY, INSUPPORT OF DEFENDANT'S OBJECTION ‘STATE OF CONNECTICUT ss ANSONIA, JUNE 23, 2022 ‘New Haven County I, Michelle Libby, being duly sworn do depose and say’ 1. Tam over the age of 18 und understand the obligations oF an oath 2. Lam a member of Ansonia’s Conservation Commission. Lora {tis my opinion that the City of Ansonia’s sale of Olson Drive for the develop private sports complex is inthe best interest of the City of Ansonia and its residents, 4. have first-hand knowledge as to the facts alleged in this Afidavit. 5. The statements st fort in this Affidavit are true to my own knowledge i i i i 2g i ; f 2 Z-Commissioner ofthe Superior CourtExhibit “K”City of Ansonia Ansonia Connects 06001 PLANNING & ZONING COMMISSION Sanuary 5, 2022 President Joshua Shuart Board of Alderman ‘ity of Ansonia 253 Mainstreet “Ansonia, CT 06401 RE: 8:24 Referral Sale of Elm St, 64 & 70 Platt Stand Purchase of 1 Olson Dr ear President Shuart and Board Members [tthe January §, 2022 Planning and Zoning Commission Special Meeting, a motion was made for 3 favorabe referral forthe Sale of 2 Em st, 64 & 70 Plat Stand Purchase af 1 Olson Or. The ‘Commisioners unanimously (one abstention) support the concept. Should youhave any questions, pease feel free to contact me. Very aly yours, fared Hoon ‘Chairman, Planing and ZoningExhibit “L”Planning and Zoning Commission? isi, ypy2s zor io 6:18 Pubic Heming~ Pui ct 2-29 Stat of CT Aoessr Apres Op PAGE 10:00 Rang OW City 0 {6:30 Publ Hearing - Pubic Act 21-29 Stale of CT Parking Requirements Ont GUF WAG SP: 6:45 Pub Honing ~218 Mn Soot Sto Plan PAGE 7 7.00 Regular Meeting PAGE 19 1:23 [Note from Recording Secretary: Some speakers cid not identify themselves and | was notin attendance to askithelr names. Audio was mules in many areas making I ifcul a wel, therefore, please oxcuso unknown ‘speakers, speakers labeled Inoractly or inaudible areas, ete. Transerbed rom the actual ZOOM meeting wth ‘iy personal device, which alzo had iesues senting speakers due fo nt ging ther names. Questions can be addressed as needed Charman Hoon 00:00 ‘Allright, it's Monday evening on May 23 2022. Tho time now is 6:28pm. We did allow for some added time to ‘gt on du fo cfcully witha ink however noteworthy the agenda does have the proper nk as well as meeting notice published on it andthe city. IT adminisvator i curently making ho change orhas made the change on the city website. So the frat public hearing that wel be beginning with tonight is going to be public act 2 Dash 29 Stale of Connecticut accessory apartment op outa this me Would everyone plesse rise forthe Pledge of ‘Alegionce? | pledge allegiance tothe flag of the United States of Amari and to the republic for which stands, ‘one nation undor Gad, incvible with bert and uetico fora. Thank you. rol ell Charman he and rm here Commissioner Lipinsk. Here, Commissionar McCormack here, Commissioner Mofit Here. Commissioner Holman willbe excused, He's the birthday boy today. Commissioner Malerba | believe m seeing him on but his ‘audi is nat yet connected. So when he goas join, we wil rte tim ina that tio. And Commissioner D'Alessio Is unable to make it tonight and ask for an excuse. Excused absence as wel. So with hat we have for President right now and functioning with audio and two excused and one pending, So we do have a quorum. So public hearing item number one is going tobe public act 21 Dash 28. State of Connecticut accessory apartments opt ‘out prosontation a this tim. Te tke to tun tover to our ct planner Dave elder. f anyone ese onthe meeting, i you would ploase just mite yourselves why while Dave is doing hs preseraton, wl then go fo comments from the commissioners, folowed by comments fom the pubic, Dave. David Elder 02:37 ‘Thank you, Mr. Chairman. Can we just one minute to pull up the right screen can everyone see the agenda? ‘Yes, Allright. Thank you. So this was a publc act that was passed by the legslature last year and it includes ‘several major changes to the ably to regulate both parking accessory apartments. That aso requres the ‘raining of commissioners tke yourselves and commissioners and crtinly new sports. Bu night we're going to focus on the two aspects of it that are statewide zoning reguatons that give municipaities an opportunity to ‘opt. They do so by things Jenuary 1 of 2023, So we just wanted to say ahead of that. Andin both cases well start with accessory apartments betwen hear me say some sir remzks when wo got to the parking. Its only it does have accessory apartment requlatons, They ware frst adopiedin 1998. They have boon revised st least once, But the primary ference and | have a presentation that run hrough the primary ciference wel, ‘wel /'got through the differences but the big ono, | would say is that he stalut, the new public act says thet thay must be permed by right on any lve containing a single family home, inéudng non-conforming lots. go ‘trough the specie oifferences but th reason we're meeting tonight Is because in oder fr the municipality to etawat make @ maton Chairman Heon 2:01:29 to have motion by Commissioner Malerba but to refer to staff do we have a second | was petty much te guys Ken detered fo Tany. So second by Commissioner Levineky, al thas In favo? Anyone opposed? Alright, ‘motion cartes. Thank you. Tati they/l bein contact if here's any staff questions. If you have any updsis, stay in communication with Rhonda and the offlee if you ned anything Okay. ‘Thaddous 2.02.08, Excellent. Thank you, Jared, And thank you, commissioners and | realy lok foward to working with you. So thank you again, Thank you Chairman Hoon 202: ‘rant wte movng onto tr sorenc Board o omen equ Cone gee ses. Secon ght dash 24 rfrasfor the folowing cly propria im Sest i 8 igh Sect, fn ie Simo wn hem Sol hy os Caprten Clo er ivormaon ‘Attorney Marini 2:02:42 ‘So Mr, Chairman, two of these properties abuttiOls6n Dv and which of those two specifically Is Ithigh stroet ‘and Lester? Sheila OWalley 2:02:54 Yes. Yes, High and Leste. ‘Attorney Marini 2:02:57 ‘and we'e anticipating that these propertias wil kely be Important for both azcese and parking related tothe potential sports. Wel, they sports recreation fact, they can wear thal parcel. And so the cls contemplating ‘ofthe potential easing it Also potentially sling jst want o make sue that we have te author to do either ‘ing forward an to do so we noed to get that rferal recommendation from your commission. chairman Heon 2:03:33, Very good. I think that defintely mekes senso with those two properties. | dent know what the other ‘Commissioner think. Bu | befeve one of those proprte I think both of them had buldings that were removed (off of thom and they're siting abutingpropertos vacant at his point. ‘Attorney Marinl 2:05:51 Right now calect any axrevenuae. Exedy. And gven the slo ofthe projec proposed fer the site we're thinking more avers for access and of parking would probsbly go a long way in helping to flesh cut the future ‘development. So that's the case whore the Laster and High the adtional enos What els do we have on there? “Theres some Chairman Heon 2:04:17 35 North Main, he SHW. ‘Attorney Marini 2:04:23 805 Main, we are obviously possession of StW and have bean undergoing eforts wth the stat toto remediate and demolish, Were athe point where wele locking past the demotion and remediation into a productive use = 28‘ofthe st. n order to dots, th ety wouk! go out for proposals to fook fer tenant o occupy te ste. Obviously ‘here's an intention to get a commercial tenants to bring revenue and jobs to tho ly. The city i seriously ‘exploring, eaining ownerhip ofthe site We all know what happened 10 other than the ful story wih copper brass with a @ business that for some time, obviously worked out vey wal forthe cy and the residents, Bu at ‘he end ofthe day, repurposing that property has been vary, very dffcut and has allowed lt of stagnation to ‘exit downtown. We think the future strategy may wish to retain ownership of the st orto retain ownership indirect tough a holding company or amanagement company arco simpy be the Iandord who can collecting the revenue the lease fromthe se. But in ere overt, whether ifs sol or lease In order to go out forbids, we again need the 824 approval rom the cammission Chairman Heon 2:05:49 ‘make senee? Shella? Do you havo anything to eto that? Shella OMalley 205:51 "Fm sony, guys. cut out ite bit but no, | hink John covered it We want to ge he property out RFP. And 50 we're locking fra 8-24 referral kindof got a et of people interested inthe site. So hopetly, you know wel {get some good responses, Attorney Marini 2:06:12 ‘Groat Yea, tis i the next big stp fo gating this back to productive use, So this is definitely a very serous riestone. And again, we're very confident with the way remediation actities ae going on the st, but we balove that he VMs going tobe so Shella Owalley 2:06:27 yeah, | should just just quickly add that you know everything onthe sites being derlshed, In phases but but {or ths one buiding whichis bulding 12 whlch Ws over wines 200,000 square feet. And that sa that isthe bualdng that we woul be puting ott bi. Kon Moffat 2:06:53, ‘Do we have the mney to demelsh it right now. Shella OMalloy 2:06:57 \We do ther imetabie. We do wel. m expecting bids. Wel, we are we are extencing the bid out another week ‘oso but within a week and a half we should have responses to our demaliion contractor bid. Ard then probably ‘mobilize in June and demolish in June and July. So right around the corer you'l see some ala of activity. Yeah, Itt be goos for everybody in Ansonia. Absolutly Willa Matorba 2-07.40 Whats going on tat sidewalk up there on? Kon Moffat 2.07.44, Wish min one in North Main, Sheila OMalley 2:07:46, North Main Street? Witla Malerba 2:07:49 “Thate th bulng youre talking about, right? -20-Shella OMalley 207-51 Yes, | am. And thats thats @ relly good question, You talked about access. No, wel thats what you tend to 500 fr drop over It sits gong tobe fled Shella OMalley 2:08:02 in brought back upto the love Wiliam Malerba 2:08:13, We have funding for that ‘Sheila OMalley 2:08:15 We do that we weive got some good soll grants Shella OWalley 2:08:28 sure to Ken Moffat 2:08:28 atc tis story today inthe Veley Gazette about Rosa DeLauro trying o get more monay for that propor Sheila OWalloy 2:08:38 ‘Yah, wo we submited an appicaton to Congresswoman DeLaur's offce. Sho hurt her office staff and 2 wel as the congresswoman contacto us and said they wer ikly Lo get tha for vs. But you know, we also have = rilfon dtars tat we submited for a brownfield application for demoléon. And we were successful in geting ‘that 50 we have a milion dls. Pian forthe demolition and then we anticipate geting anther 2.9 millon from the congresoneman it you knew fea good project and kt wae a good appiaton | expoct thot wil bo funded. Attorney Marini 2:09:28 ‘There's big need in the community obviously for this ste to bs tuned around. So everyting weve been doing ‘on the economic development font isto posiion curses toto make these sites productive again including ‘ing the properties | mean, thats that's the biggest thing hee. We tok direct possession of SHW and we are {arcing for closure action on the rest of copper an brass and that wl faite that through the redevelopment ‘and repurposing ofthe sie, And of course those applications Shala wot realy pushed io the forefront the need ‘and the oppertunty that woud be realized if we were able totum these preperios round. | dort thnk thea's 2 stein the vale or nywhere near that has the kind of return on investment. That copper and brass and SH Chairman Heon 2:10:10 Yeah, thnk this s needed. You know, there are structural issues wih that bulding that we all wor about, you know in a windstorm, you dont want tobe anyuhare near thera. So thnk’ necessary, The ony ting that | ‘would caution everybody oni that the font part ofthat driveway where the ol guard shack needs was needs to the cy needs to maintain access to that so the cy may own it may be the way todo that booause otherwise you cant go the fre tucks in and out oven cose. So Attomey Marini 2:10:47 ‘|beolutely the point and oaning algo lows us to structure access wih compatbe with our cy services. So there's no there's no iasue with a private ower coming in and doing things their way. If wo are the owner, oF ‘again ifs basically an arm's long management company that we create re able to conto. Common areas. ‘are ancl in ways that work fr everything fom arms, re and 5 on. -90-Exhibit “M”fie [05 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Nd cs, ao 201 February 24, 2021 ‘Mr, Steven Nakano Executive Director Ansonia Housing Authority 307 Main Street ‘Ansonia, CT 06401 Dear Mr. Nakano: (On February , 2021, the U.S. Department of Housing and Urban Development's (Department) Special Applications Center (SAC) received the Ansonia Housing Authority's (AHA) request via email to amend the disposition approval for Riverside Apartments, ‘€T015000001. Supplemental information was received through February 24, 2021 Approval History 2005, the Department approved AHA’s demolition application forthe buildings, containing 46 dwelling units via the Management System Public and Indian Housing Information Center (IMS/PIC) system application DDADO0I430, (On June 4, 2012, the Department approved the demolition of 4 dwelling buildings containing 59 dwelling units via the IMS/PIC system application DDA0004491, On June 25,2015, the Department approved AHA’s disposition request vi the Inventory (IMS/PIC) system application DDAO00S673, as identified below: Riverside Apartments CTOTSINOHOT Approved fr Diposon: Buln 4 unis orden ulings 1 Acres 8.55% Total Unis tobe Redovslped Testun 60% of Aren SA Unis 29 Bulgs Media Ineome AGC] Now-ACC [Marsa Rate rer it see o “Aegang Fay (Ren Oa) Copper Ridge LUC obs fond Method fle Tegal aes ban FMV, ror Lee Tse Pre $100 per year Pupose Dasckpnart oie Fins bre vn eons AC: Sern Sans LTT Tens 200 asa he aye pooner dbpation Suny ™ TH eet Secon fet an 18 LTC ead us ‘Vist our Wor Wide Web te tp jw ono phen e/Current Request Inthe current request, AHA is seeking to amend initial approval to reflect proposed changes to the acquiring entity andthe redevelopment of 54 affordable housing nits Because a portion ofthe propery is located ina flood plain, AHA was notable to obtain the financing from the State neded to fund the construction of new replacement units. This included multiple competitive pplication fr tax credits that were not awarded, The State of| ‘Connecticut considered the site unsuitable for residential development or would requite such extraordinary design and engineering measures that the project would be cost-prohibitive, Based fn previous SAC approvals, DDAQOOI450 and DDA0004491, al of the units have since been ‘demolished and the residents relocated. Additionally, the disposition ofthe land was never ceffectuted by AHA once the redevelopment was determined o be financially infeasible. AIA received an offer to purchase the entire former Riverside Apartments site fom the City of Ansonia, which intends to build a rereational facility available forall eommunity ‘members, including AHA residents and households, As such, AHA requests the following, ‘modifications: ‘+ “Total Acres" will be increased from 6.55 acres o 8.55 acres to encompass the small portion of land originally set aside to sell to the City of Ansonia. ‘+ "Total Units to be Redeveloped” willbe reduced from 48 t0 0, a the units were demolished, and the residents relocated. + The "Acquiting Entity will be changed from ate credit LLC tothe City of Antonia +The "Method of Sate" will change from long-term ground fease with anual aground Tease payments, to Negotiated Sale at Fair Market Value. + The "Lease Price” is no longer applicable ‘urpose” will no longer be reflected as development of low-income housing. Environmental Review “The Environmental Review (ER) was performed by the local Responsible Entity (RE) City of Ansonia CT in accordance with 24 CFR part 58 on November 13, 2020. A Request for Release of Funds/Environmental Certification (RROF/C), form HUD-7015.15 was submitted to the ITUD Hartford Field Office of Public Housing (Field Office) on Novernber 16,2020. The HUD Hartford Field Office accepted the RROFIC and approved an Authority to Use Grant Funds, form HUD-7015.16 on December 2, 2020 PHA Plan AHA submitted an Annual Plan tothe HUD Hartford Program Center on May 6,2020, ‘which includes a description of the proposed disposition atthe property. The HUD Hatiord ‘Program Center approved the Agency Annual Plan on September 3, 2020.Current Valuation ‘The AHA provided an updated appraisal withthe amendment, Vincent J. Guardiano, an independent appraise, determined the Fair Market Value (FMV) to be $510,000, as February 9, 2021 Use of Proceeds Is the intent of the AHA to invest the proceeds of $510,000 into other affordable housing initiatives. $390,000 of the proceeds wil be used 1 purchase a 6-unit multi-family property the remainder ofthe proceeds of $200,000 will be applied towards rehabilitation of ‘AHA’s inventory. HUD determined that AHA’s use of proceeds meets the applicable requirements. ‘Mayor! Resident Consultation and Board Resolution ‘The amendment package includes a letter of support from the Honorable David S. CCasseti, Mayor ofthe Cty of Ansonia, dated February 7, 2021, A recent resident meeting was held on December 17,2020. AHA certified that its Board of Commissioners approved the submission ofthis amendment on April 22,2020, via Resolution Number 2020-03, ‘Current Approval ‘The SAC has completed its review and based on the information provided by AHA, your request 1o amend the disposition approval to incorporate the above changes, as identified Belo, is hereby approved, __Approved for Disposition: Acres: 855 - Coy of Aa —Reguine Mato ‘Negoisted Sle at FW } Tianna a i proveed i orate Lskahinaind housing aves Ansonia Tot aformation: Legal desertion aad ‘Conditions ATTA will ealize proceeds and may only expend the funds on authorized uses under Section 18 ofthe US. Housing Act of 1937. AHA proposed o use proceeds for other public and affordable housing initiatives. Such use of procecds mec the requirements of Section 18 ofthe 1937 Act and is acceptable subject tothe conditions outlined below ‘+ Prior to obligation andlor use of disposition proceeds (gross or et), ATLA must ‘comply with applicable Departmental guidance e.g, PIH Notices) ‘+ The disposition proceeds, until expended for an approved use, must be deposited ito an aecount subject to a HUD-S1999 (General Depository Agreement)‘+ IFAHA would like to use proceeds for ther uses, it must request an amendment to this disposition approval from HUD and comply with applicable Departmental guidance (eg, PIF Notice 2020-23). ‘+ Pursuant 1024 CFR 970.35, ona case-by-case basis, HUD may require PHAS to submit addtional reporting on ther use of proceeds, ‘© PHAs record the receipt of proceeds on their financial data schedules (PDS) submitted to HUD. PHAs record proceeds as a “restricted” asset on the associated project's FDS." For projects terminated in IMSIPIC, the PHA records proceeds in the "Other Project Column” ofthe Low Rent Program. ‘© PHAs record the use of proceeds in accordance with 24 CFR 990,280 and 990,285. Such recordation may inlude transfering proceeds from the original project to another PPemnited project or program. Such recordation may include expensing proceeds inthe ‘original project and reporting the proceeds as revenue in another entity (blended ‘component unit, discretely presented component unit or independent third party) *PHAs retain records related tothe receipt and use of proceeds for HUD review and ‘monitoring to determine compliance with applicable laws and other guidance including, this notice. PHA records are retained for not less than thee yeas, ‘© PHAs are responsible for assuring their proceeds are used in accordance with all public housing requirements. HUD may monitor a PHA’s use of proceeds. If HUD determines a PHA failed to use reat, and report on proceeds as permitted by this notice and/or other applicable federal requirements regarding proceeds, HUD may require the repayment {fom non-public housing funds of any proceeds spent in violation of this notice, seck civil and administrative remedies, pursue debarment/suspensions of prineipels and PHAs, and take any enforcement actions available including, but not limited to, injunctive relief and ‘other equitable remedies, and exercise account locking remedies under the GDA. HUD prosecutes false certifications, claims, and statements. Conviction may result in eriminal andor civil penalties All other conditions ofthe original approval dated June 25,2015, that were not specifically addressed in this letter remain as stipulated in those documents. Notwithstanding this, i there are any inconsistencies or ambiguities between ths leter and the Department's previous approval, his letter shall contol " Proceeds area “restricted asset” because they may only be used for the specific purposes approved by HUD in aceordance with this notice,A copy of this modification will be forwarded tothe HUD Hartford Program Center OPH. {or their records SACTA@hud gow. (CC: Hartford Program Center OPH. fou have any questions regarding this modification, please contact Sincerely, JANE ae HORNSTI Seen Jane B, Homstein DirectorLegal Description [Riverside Apartments - Southside 31-10 Olson Drive, Ansonia ‘Beginning a point onthe sstery sect of High Sut, sd pint sing the nonbeastey mot comer of ow o: formery The Salvation Ary, Ine. 026 Lester Set) andthe noth etl ast ore of te pope kere ere, Thane a an aimath 182°0701"a distance of 99.80 eto point Tne an aimath 1895404" a distance of LOS ett poit Thane stan imu 95°38" a isan of 207.10 fost to oi Thee aa eat 170°SS09" a dsunce of 17228 fet pin, hace a msm 201450" ase of $4.70 fet to point Thence tan aimath 12605 a distance of 5.16 fee pone Thence at am soma 240-20" stance ‘OF S85 ett point Thence st haath 150102 adntance of 1096 et point Thence slong acurve in clockwise decom having an ero angle of 4°59 17" rads 573.6, an are Tenth of 1722, chord amt of 17°49" an a chord length of 19572 ‘Teace along a caveina cour clockwise dreton having an terior angle of 130°, a adi of 3000" sae enh af 6 55, chord asm of 974238 and chord length of 5458 Thence a ap ssmsth 1399" distance of 08.7 fet poi ‘Thence slong acurveina counter elokwitedreton hin a iio ale of 9°3635 10043 an ar enh of 190, «heed smut of 192541 and a chord enh of 313 ‘Thence a an aamth 43724" a distance of 172.24 eto po ‘Thence aang a curve ina courte lke drecton having an nei sgl of 91°02 18, ais of 3650 ana lng of 8.09 wid chord azn of 19°0S17, a a chor length of 52.17% ‘Thence at an aemeth 7799350" itn of 29212 fet othe Piao Belang rads of Riverside Apartments - Northside 106-165 Obton Drive, Ansonia Begining at a point on he westery stn of Maple Stet, si point big the nha mos comer af ow o Tost Maple Plaza LLC (427 Maple Ste!) and he oth wesley moe commer of th rope hea esrb, Thence at an arith 189°3838" a distance of 675 fet w poi; Thnk at an azimuth 1021519" a dita of 10.2 fet to pan Thence an zit 170835" a tance of [M480 fet to point, Thence at ab aimuth 172740" a dstance of $2.68 Tet a poi ‘Thence at an sath 21°01 2" a Sistine of (74 fet 0 poi ‘Thence ata samuth 1529707" distance of 34.33 fest opts Theee a an sith 16°05" dstane of 4897 fet opm: Thence tan szinuh 1411022" aden af 38.00 fet opm “Thence slong acuvein a clockwise diction having a interior angle of 87002, a adi of 1075" a re length of 7-80; chodaimth of 65314, nd chord length of 70.802 pin, ‘Thence aan azimuth 93510 a distinc of 293.48 fet opi, ‘Thence slong cue in @ counterclockwise diction having an interior angle of 98°25, ara of 30.00" an snc length of 5.71 chord azimuth of 81233", and a chor length 45.541 poi ‘Thence along a carve na ountecockwse direction having an inrior angle of 29°55", adie of 249", so ac lent of 317.4, chord samt of 401657, and chard length of 314. t apn Thence along curve ina counterlocvisedccon having a inte angle of 272823", a rads of 2953, tn rent oF 205 96,9 coed azimuth of 11°53, and chad nth of 203.97 to apn “Then at an azimuth 2981534" distance 2.03 feta pit, ‘Thence along a cuve ina counterclockwise diction having a itso angle of 141" a radius 0395.6", an slong 888, wth» chor azimth of 2922814, pcr enh of 9078 othe Pit of BiaingSTATE OF CONNECTICUT Rane “Néstamone DEPARTMENT OF HOUSING Sale Mossoee-3ron0 ‘Goreme Cebus Jy 26, 2022 Me. Steven Nakano ‘recutve Director Housing Authority ofthe Chy of Ansonia 307 Main Steet Ansonia, CT 06401 IRE: Rousing Authority ofthe city of Ansonia (AMA) — (CGS § 86a 2008 & 2012 Deisons- vacant se of former Riverside Apartments, Ansonia, CT ‘Dear Executive Director Nakane | amin receipt of your Apri, 2021 correspondence requesting DOH's approval ofthe proposed sle of the real property which was the former site of Riverside Apartments tothe Cty of Ansonia fr fat market vale. You indicate in your letter that AHA intends to acquire asicunit mult famly property withthe sales proceeds and use the balance of uch sales proceeds to rehablitate affordable housing Inahas’ portato. |S you are aware, two separate publi hearings onthe disposition of Riverside Apartments were held and Decisions rendered by the Department of Economic an Community Development in 2008 and 2012 ater detaled and though reviews ofthe crcumstances associated with the then proposed demotion of that federal low incore pu housing project. The Department of Housing {DOM} the successor Insinterestto the Department of Economic and Community Development forall matters related to housing pursuant to Connecticut Genera Statutes §8-37r, and as such, your request falls under the ‘obligations and duties of 00% | nave reviewed both Deckions egarding the demaliton ofthe Riverside Apartments, both of which provide as folows: ‘Should any o he fect or ceumstances elated to the proposed demolition change, the Ansonia Housing Authority must consult with DECD to determine of the changes wil ter oF condition ths Decision.” the question before DOM is whether the ANA has complied with the requirements ofthe Decisions, and the impact of such compilance or non-complance on the proposed sale ofthe former ste of verse Apartments, ‘The Decisions approving the demotion of Riverside Apartments in antlpaion of its redevelopment conditioned such action on the satiaction of certain cnditions including, but nat linited to the following: compliance with terms and conditions st by the United States Department of Housing ané Urban Development (HUD) fr Riverside Apartments, relocation ofthe residents and AHA making good fath efforts to redevelop teste to create approximately 4 new units of atfordble housing, Nearly @ decade has pasted since the iesuance ofthe secand Decision, HUD has isued revised guidance and approvals to AHA n that time. Al resdents of fiverside Apartments have been relocated in compliance 505 Hudson street | Hartford, CT 06106 | www.ctgov/deh ‘Ae Afra Aten igual EmpleentOppranityBuplopJuly 26,2028 Page 2of2 Me Steven Nakano ‘vith the terms ofthe Decisions, AHA has tepeatedy made good fith efforts to secur fnancing forthe proposed redevelopment of affodable housinguntson the site andhas een unsuccesfulinitsefforts, leading to AHA's determination that such redevelopment i not fnariay feasible. ‘More particulary, addressing the September 12,2008 and August 20, 2012 Orders in the respective Decisions: the demolition of bulings 1-7 were sucessfully completed, all residents were relocated in accordance withthe Fir Housing reglvements within the Ansonia Relocation Pian: Southside of Riverside Publ Housing Development, HUD moufied its requirements and approved the sale ofthe property tothe City of Ansonia, ‘AMA made good flth efforts to redevelop the site, however, AHA ultimately determined that such redevelopment was not franca feasible due in arg pat to the folowing «significant portion ofthe property i located ina flood zone, remediation costs atthe site ae significant, and funds are not avalabe, ‘DOH wil ot provide needed subsidies duet the sites locaton within the food zone, ‘wo separate applications fr financial assistance (2014 and 2015) fr low income Housing tax crecits from CHFA, and gp funding fom the DOH were unsuccessful, due in large part to the location within a flaod one, and = a develoyent pares mas sought asst AHA deapite these prior falas, ad such partner determined independently that redevelopment ofthe ste was not financially Feasible itl the conclusion of DOH that AHA has satisfied the conditions ofthe Decisions. Therefore, the currently vacant parcel, which was the former site of the Riverside Apartments, ino longer subject to ‘the requirements of Connecticut General Statues Section § 8-642, andthe Ansonie Housing Authority ‘may proceed with its planned sale to the Ct of Ansonia consistent with the terme st forth nits Apr 4, 2022 eter to DOH, Sincerely, pier Py L. Tepper (Pl ‘Mosquer-Bjino | ) l Commissioner