Board of Directors Reviews Bond Package, OKs Eminent Domain Grab

As part of its meeting Tuesday, the Board of Directors unanimously voted to seize a piece of property by eminent domain (but only if absolutely necessary), reviewed more than $17 million in capital improvements that would need to be approved by voter referendum, and elected to suspend a $125 fee the Building Department currently charges to install new fixtures.

The 1.3-acre property at 637 S. Main St. is owned by Carlson Associates, but sits on the 12th tee of the Manchester Country Club. The town has been attempting to acquire the land from the Carlson family for years, fearing liability issues, and also because shade from trees on the property hinder the club’s ability to grow grass along a portion of the 12th tee, but has thus far been unable to work out an arrangement.

The board voted 6-0 Tuesday to approve an ordinance authorizing the purchase of the land, or the acquisition of the property through eminent domain. Board members said they considered the use of eminent domain “a last resort,” but one that was beginning to look more and more like the only way to resolve the longstanding impasse. Board members Kevin Zingler, a Democrat, and Mark Tweedie and Dennis Brenner, both Republicans, did not attend the meeting and did not take part in the vote.

“The town still remains open to negotiations in discussing a final resolution to this, but we’ve hit the point where we have to take some action to ensure this does not go on any further,” said Mayor Louis Spadaccini. “After making repeated efforts to try and resolve this matter, this seems to be the most equitable remedy available.”

If the town decides to acquire the property through eminent domain, they must pay fair market value for the land.

The board also reviewed a tentative list of proposed capital improvements that totaled $17.321 million. Voters would ultimately have to approve the bond package through referendum, although some members of the board expressed concern with items on the list, such as $2 million to replace a bridge over Spring Street, almost $300,00 to resurface several tennis and basketball courts, and $325,000 for improvements to the sidewalks and parking lot at the town’s recreation and preschool area. 

The Spring Street bridge over Mountain Brook, for instance, received about $700,000 in funding through the in December, but in order to receive the money the town would have to fully replace the bridge, at a cost of about an estimated $2 million of its own money. The cost to simply repair the bridge was estimated in the neighborhood of $650,000, although the state funds could not be applied to the repairs.

“We do need to definitely make some decisions in the next 12 months as to where we want to go with a new bridge,” said Public Works Director Mark Carlino, who said the town ran the risk of losing the state money for the project if it delayed any further than that.

But several councilors said they opposed the bridge replacement, due to the cost and because it would lead to an increase in traffic and vehicle speeds in an otherwise residential neighborhood (only one car can travel over the current bridge at a time).

“It isn’t something that we need, it isn’t a priority, and it doesn’t make a lot of sense to me,” Deputy Mayor Leo Diana said of the Spring Street bridge replacement. “So I’m not going to be in support of that.”

General Manager Scott Shanley said that town staff would begin to revise the list of potential bond items based on board members suggestions, and that the list would return for board review at a later date.

 And, after hearing about a $125 permit fee the Building Department currently charges new tenants who it finds to be in need of fixture replacements during inspections, the board elected to informally suspend the policy, fearing that it might deter some potential tenants from moving into town, and others from seeking out the mandated inspections.