Just when it appeared the $120 million school project would win final approval, a last-minute hitch Tuesday threatens to block the whole deal.
Dale Clift, the city attorney, said that before councilors could act on the purchase of two proposed school sites, they need to get a recommendation from the Planning Commission.
What makes the change particularly meaningful is that should the planners urge the council to reject one or both sites, the council would have to muster a two-thirds vote to move forward anyway.
Since support for buying the former Crowley dealership on Pine Street is solid, that’s unlikely to pose a problem.
But the 4-3 vote to secure the Scalia sand pit on Barlow Street for a second kindergarten to eighth grade school during Monday’s session would fall short of the two-thirds requirement..
The Planning Committee meets next on Wednesday, Sept. 24 at 7 p.m., when it would likely take up the school project request.
Since “time is of the essence,” city Councilor Cliff Block said, he hopes it will move ahead quickly.
Mayor Art Ward said that a special council session can be held as soon as the planning panel makes its recommendations.
The city is eyeing a $2.1 million deal to buy the former Crowley dealership for one of the two 900-student schools.
The Scalia site would likely have to be taken through condemnation because its owner is seeking $2 million more than the $1.5 million appraisal price that the city is willing to cough up for the 36-acre property.
Michael Dudko, whose family’s Middle Street land was taken by eminent domain for an industrial park, told councilors they ought to “walk away” from the site.
He called it “heavy-handed government” that was attempting to steal the land from the Scalias for a lowball price.
The Board of Education is eager to push ahead with the plan to have the two schools under construction by June 2010.
It intends to close four older schools when the new ones open. Targeted for closure are Memorial Boulevard Middle School and three older primary schools – O’Connell, Bingham and Greene-Hills.
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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts
September 9, 2008
September 6, 2008
Deal struck for Crowley site, but no deal on Scalia property
School officials have struck a deal to buy the former Crowley dealership on Pine Street for $2.1 million, insiders said Friday.
The price matches the higher of the two independent appraisals done for the city as part of the negotiations to purchase the property for one of the two 900-student schools that were given preliminary approval last year.
The deal also means that the Starlite Market and three Daley Street homes won’t be needed for the project, officials said, eliminating the possibility that the city would take them through eminent domain.
“That would be fantastic,” said Richard Morgan, a Daley Street homeowner who didn’t want to move out.
While the Forestville school site appears to be largely set, a deal for the Barlow Street sand pit eyed for the other school has proven more elusive.
Though appraisers set the value of the land at $1.5 million, Scalia Construction is asking for $3.5 million for the property, according to two sources said Friday.
That almost certainly means that the city has to seek to seize the land through eminent domain unless it opts to find another site, officials said.
The Press learned details of the negotiations from two confidential sources Friday.
Mayor Art Ward said he couldn’t confirm the numbers.
“I haven’t seen any documents. There’s different rumors floating around,” Ward said.
“My understanding is that negotiations are proceeding very well” on the Crowley property, the mayor said. “A deal looks pretty imminent,” Ward added.
He said he didn’t know for sure how much Crowley might get from the city.
As for the Scalia site, Ward said, “They’re not in agreement at that price.”
Ward said he is interested in exploring the possibility of building the west Bristol school on the former Roberts property instead, which the city already owns. It might take special legislation from the state to make it feasible.
He said he wants to explore the Roberts property alternative before turning to eminent domain to take the Scalia site.
Officials said they’re hoping for a much more solid picture of what will happen when the City Council and school building committee members meet Monday.
“We’re coming to a time when we need to make a decision” on whether to build the new schools, remodel older ones or keep the status quo, Ward said.
He said he would like an analysis from the Board of Education of the cost of building new ones compared to renovating older ones – a study that hasn’t been done in nearly a decade.
Still, the mayor said, with luck “we can come to some resolve” at Monday’s meeting.
The Board of Education hopes to build the two schools for students ranging from kindergarten to eighth grade.
They would replace Memorial Boulevard Middle School and three aging primary schools O’Connell, Greene-Hills and Bingham.
The project has to be underway by June 13, 2010 or it won’t be eligible for state aid. The state has agreed to pay 73.9 percent of the project’s tab.
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
September 4, 2008
City unlikely to use eminent to take Daley Street homes
The city is unlikely to rely on eminent domain to force Daley Street homeowners to get out of the way of a proposed new school next door.
“I think we would in all consciousness attempt to resolve it without the use of eminent domain,” Mayor Art Ward said Thursday.
Ward said that that if the homes are needed – as well as the market at the corner of Daley and Pine streets – the city would negotiate with the owners.
One city councilor, Mike Rimcoski, has already said he won’t support the use of eminent domain to take anybody’s home for the proposed $120 million school projects.
The Forestville School Building Committee recently voted unanimously to ask city councilors to buy a small market and three Daley Street houses to allow for the expansion of the site for a proposed 900-student school nearby.
If the owners aren’t willing to sell, the panel asked city leaders to consider using eminent domain to take the land.
It isn’t clear why the land was targeted since there isn’t yet an architect hired to work out what the space requirements for the project would be.
The city is eyeing the purchase of the former Crowley dealership on Pine Street as a site for a new kindergarten to eighth grade school. Negotiations are underway for its purchase.
At least one Daley Street couple, Richard and Rosemary Morgan, have said they aren’t interested in selling their house to the city for the project.
Steven DeVaux, the assistant school superintendent for business, said one of the homeowners was willing to sell, one didn’t have any interest and another was undecided.
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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
“I think we would in all consciousness attempt to resolve it without the use of eminent domain,” Mayor Art Ward said Thursday.
Ward said that that if the homes are needed – as well as the market at the corner of Daley and Pine streets – the city would negotiate with the owners.
One city councilor, Mike Rimcoski, has already said he won’t support the use of eminent domain to take anybody’s home for the proposed $120 million school projects.
The Forestville School Building Committee recently voted unanimously to ask city councilors to buy a small market and three Daley Street houses to allow for the expansion of the site for a proposed 900-student school nearby.
If the owners aren’t willing to sell, the panel asked city leaders to consider using eminent domain to take the land.
It isn’t clear why the land was targeted since there isn’t yet an architect hired to work out what the space requirements for the project would be.
The city is eyeing the purchase of the former Crowley dealership on Pine Street as a site for a new kindergarten to eighth grade school. Negotiations are underway for its purchase.
At least one Daley Street couple, Richard and Rosemary Morgan, have said they aren’t interested in selling their house to the city for the project.
Steven DeVaux, the assistant school superintendent for business, said one of the homeowners was willing to sell, one didn’t have any interest and another was undecided.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
September 2, 2008
CIty may evict homeowners on Daley Street
After months in the hospital battling a rare medical problem, 70-year-old Daley Street resident Richard Morgan finally came home this summer.
He's still struggling to get around, but can use his powered chair to go up the street to watch the children play baseball or even to get to grocery store nearby.
But now Morgan may have another fight on his hands, this time with City Hall.
The Forestville School Building Committee recently voted unanimously to ask city councilors to buy a small market and three Daley Street houses to allow for the expansion of the site for a proposed 900-student school nearby.
If the owners aren't willing to sell, the panel asked city leaders to consider using eminent domain to take the land.
"It would be an awful hardship for us," Morgan said. "Why didn't they come to me when I was 50?"
"I don't want to leave this area. I love this home," said Rosemary Morgan, his wife.
The city is apparently eyeing much more than the just the former Crowley dealership to construct the new school and playing fields to replace the aging Greene-Hills School that has been there for generations.
Officials said that other privately owned land in the vicinity may also been targeted for a takeover, though it's anything but clear that the City Council will agree to use eminent domain to snatch homes and businesses against owners' wishes.
"I'm against kicking somebody out," city Councilor Mike Rimcoski said Tuesday.
Rimcoski, a member of the Forestville school panel, said that the city has other alternatives. He said he hasn't seen anything to convince him the land is crucial to the project.
But the Morgans and several other property owners - at 25, 31 and 37 Daley St. as well as the market at 692 Pine St. - recently received letters telling them their property would be needed fo the school site.
"When we got the letter, we were devastated," Rosemary Morgan said.
The Morgans have lived on Daley Street since 1980 and recently fixed up their home substantially - partly because they no longer had to worry the state would take it for the Route 72 highway project.
"We really don't want to move," Rosemary Morgan said.
Both Morgans said they can't imagine why the school project would need their lots.
"How much property do they need? Rosemary Morgan asked.
Richard Morgan, who has to remain in bed for hours daily, said that he enjoys living beside the school.
"When you hear the children over there all day, it's just wonderful," he said.
He said he just wants to stay in his home, play with his grandchildren in his backyard and live the rest of his life quietly and peacefully.
"This is rough," Richard Morgan said.
Rosemary Morgan said she knows the Bugryn family that was tossed off its Middle Street property to make way for an industrial park. She said she always felt bad for them and thought they got a raw deal from City Hall.
But she never imagined, she said, that someday the city would be eyeing her house, too.
"We always figured this would be the family house," she said. "We love it here."
The city's plan
The city is trying to build two new schools simultaneously, one in Forestville and one in the western part of town.
The schools would each hold 900 students and serve kindergarten to eighth grade.
City officials haven't got land for either of the new schools, but have picked out two locations - the former Crowley property on Pine Street and a sand pit off Barlow Street.
It's not clear if either property owner wants to sell for the appraised price the city has offered. There has been talk of using eminent domain to take the parcels, which would leave the decision about their value to a court.
Now the city is looking for adjoining property as well. It isn't clear how much may ultimately be sought.
The Board of Education plan the city tentatively approved last year calls for closing Memorial Boulevard Middle School and three older elementary schools - O'Connell, Greene-Hills and Bingham.
Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a K-8 system when the new schools open, educators have said.
It appears the soonest that construction could begin on new schools would be the summer of 2010, which would put the earliest possible opening day for new schools in 2012.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
He's still struggling to get around, but can use his powered chair to go up the street to watch the children play baseball or even to get to grocery store nearby.
But now Morgan may have another fight on his hands, this time with City Hall.
The Forestville School Building Committee recently voted unanimously to ask city councilors to buy a small market and three Daley Street houses to allow for the expansion of the site for a proposed 900-student school nearby.
If the owners aren't willing to sell, the panel asked city leaders to consider using eminent domain to take the land.
"It would be an awful hardship for us," Morgan said. "Why didn't they come to me when I was 50?"
"I don't want to leave this area. I love this home," said Rosemary Morgan, his wife.
The city is apparently eyeing much more than the just the former Crowley dealership to construct the new school and playing fields to replace the aging Greene-Hills School that has been there for generations.
Officials said that other privately owned land in the vicinity may also been targeted for a takeover, though it's anything but clear that the City Council will agree to use eminent domain to snatch homes and businesses against owners' wishes.
"I'm against kicking somebody out," city Councilor Mike Rimcoski said Tuesday.
Rimcoski, a member of the Forestville school panel, said that the city has other alternatives. He said he hasn't seen anything to convince him the land is crucial to the project.
But the Morgans and several other property owners - at 25, 31 and 37 Daley St. as well as the market at 692 Pine St. - recently received letters telling them their property would be needed fo the school site.
"When we got the letter, we were devastated," Rosemary Morgan said.
The Morgans have lived on Daley Street since 1980 and recently fixed up their home substantially - partly because they no longer had to worry the state would take it for the Route 72 highway project.
"We really don't want to move," Rosemary Morgan said.
Both Morgans said they can't imagine why the school project would need their lots.
"How much property do they need? Rosemary Morgan asked.
Richard Morgan, who has to remain in bed for hours daily, said that he enjoys living beside the school.
"When you hear the children over there all day, it's just wonderful," he said.
He said he just wants to stay in his home, play with his grandchildren in his backyard and live the rest of his life quietly and peacefully.
"This is rough," Richard Morgan said.
Rosemary Morgan said she knows the Bugryn family that was tossed off its Middle Street property to make way for an industrial park. She said she always felt bad for them and thought they got a raw deal from City Hall.
But she never imagined, she said, that someday the city would be eyeing her house, too.
"We always figured this would be the family house," she said. "We love it here."
The city's plan
The city is trying to build two new schools simultaneously, one in Forestville and one in the western part of town.
The schools would each hold 900 students and serve kindergarten to eighth grade.
City officials haven't got land for either of the new schools, but have picked out two locations - the former Crowley property on Pine Street and a sand pit off Barlow Street.
It's not clear if either property owner wants to sell for the appraised price the city has offered. There has been talk of using eminent domain to take the parcels, which would leave the decision about their value to a court.
Now the city is looking for adjoining property as well. It isn't clear how much may ultimately be sought.
The Board of Education plan the city tentatively approved last year calls for closing Memorial Boulevard Middle School and three older elementary schools - O'Connell, Greene-Hills and Bingham.
Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a K-8 system when the new schools open, educators have said.
It appears the soonest that construction could begin on new schools would be the summer of 2010, which would put the earliest possible opening day for new schools in 2012.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
August 26, 2008
Scalia has rejected offer of about $1.5 million for its land
The owner of a sandpit off Barlow Street that the city hopes to use for a new school site has rejected the price that two appraisers determined the land is worth, two city councilors said.
“They just refused the numbers we presented,” said city Councilor Mike Rimcoski.
The rejection of the approximately $1.5 million price tentatively offered to Scalia Construction creates a situation where city leaders need to decide whether to pick a different site or opt to take the property by eminent domain instead.
A decision may be made within weeks when a joint session of the City Council and the two school building committees is held to review the status of the negotiations.
The city plans to build two new 900-student schools, one in Forestville and one in West Bristol. The former Crowley auto dealership on Pine Street has been targeted for the Forestville site.
The status of negotiations with Crowley is less clear, but several officials said that the property there may have to be taken by eminent domain as well.
An appraisal done in January, by Aldieri Associates, pegs the Scalia land’s value at $1.5 million, according to a report given to the Press by an anonymous source.
City Councilor Ken Cockayne said the second required appraisal for the 36-acre site picked a value “very close” to the one by Aldieri Associates.
Cockayne said that despite the refusal by Scalia to accept the appraised price, the deal is “moving forward.”
“Not really,” countered Rimcoski, who has long expressed skepticism about the site.
Rimcoski said the city has to pick up the pace if it wants to finish the architectural plans and begin construction by the “drop dead date” of June 13, 2010 – a date set by the state for the project to get started if Bristol wants to receive 73.9 percent of the funding for the two schools.
Tom O’Brien, the Board of Education member spearheading the effort to build new schools, recently called eminent domain “the fairest and most appropriate way” for the city to take ownership of the land needed for them.
Cockayne said that with the Scalia property, taking the land would not displace families or anyone.
“We’re just fighting over numbers,” Cockayne said.
Rimcoski said he agrees there is “a huge difference” between taking vacant land for a school and kicking families out of their homes for an industrial park or other municipal project.
Another key difference, Rimcoski said, is that if the city takes the land for the schools, it can begin working on the projects immediately.
The court cases that will follow about the price that the owners should receive, he said, won’t delay the work.
The two school panels are currently reviewing proposal from 19 architects interested in doing the detailed work needed for construction on both sites.
City Purchasing Agent Roger Rousseau said that officials “have a good amount of information to go through” just to weed down the number to determine who the finalists are.
The school system’s long-term plan calls for closing Memorial Boulevard Middle School and three older elementary schools – O’Connell, Greene-Hills and Bingham.Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a kindergarten to eighth grade system when the new schools open, educators have said.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
“They just refused the numbers we presented,” said city Councilor Mike Rimcoski.
The rejection of the approximately $1.5 million price tentatively offered to Scalia Construction creates a situation where city leaders need to decide whether to pick a different site or opt to take the property by eminent domain instead.
A decision may be made within weeks when a joint session of the City Council and the two school building committees is held to review the status of the negotiations.
The city plans to build two new 900-student schools, one in Forestville and one in West Bristol. The former Crowley auto dealership on Pine Street has been targeted for the Forestville site.
The status of negotiations with Crowley is less clear, but several officials said that the property there may have to be taken by eminent domain as well.
An appraisal done in January, by Aldieri Associates, pegs the Scalia land’s value at $1.5 million, according to a report given to the Press by an anonymous source.
City Councilor Ken Cockayne said the second required appraisal for the 36-acre site picked a value “very close” to the one by Aldieri Associates.
Cockayne said that despite the refusal by Scalia to accept the appraised price, the deal is “moving forward.”
“Not really,” countered Rimcoski, who has long expressed skepticism about the site.
Rimcoski said the city has to pick up the pace if it wants to finish the architectural plans and begin construction by the “drop dead date” of June 13, 2010 – a date set by the state for the project to get started if Bristol wants to receive 73.9 percent of the funding for the two schools.
Tom O’Brien, the Board of Education member spearheading the effort to build new schools, recently called eminent domain “the fairest and most appropriate way” for the city to take ownership of the land needed for them.
Cockayne said that with the Scalia property, taking the land would not displace families or anyone.
“We’re just fighting over numbers,” Cockayne said.
Rimcoski said he agrees there is “a huge difference” between taking vacant land for a school and kicking families out of their homes for an industrial park or other municipal project.
Another key difference, Rimcoski said, is that if the city takes the land for the schools, it can begin working on the projects immediately.
The court cases that will follow about the price that the owners should receive, he said, won’t delay the work.
The two school panels are currently reviewing proposal from 19 architects interested in doing the detailed work needed for construction on both sites.
City Purchasing Agent Roger Rousseau said that officials “have a good amount of information to go through” just to weed down the number to determine who the finalists are.
The school system’s long-term plan calls for closing Memorial Boulevard Middle School and three older elementary schools – O’Connell, Greene-Hills and Bingham.Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a kindergarten to eighth grade system when the new schools open, educators have said.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
August 22, 2008
Eminent domain may be used to take property for new schools
There’s a growing likelihood that the city will use eminent domain to buy at least one of the two proposed sites for new schools.
Relying on eminent domain to take the sites eyed for the new 900-student schools in Forestville and West Bristol may prove “the fairest and most appropriate way” for the city to take ownership of the land needed, said Tom O’Brien, the Board of Education spearheading the effort.
The city has two independent appraisals of each of the locations under consideration for the schools, officials said, and would have a hard time justifying paying more than the highest value assigned to either site, officials said.
But taking the property by eminent domain would allow the property owner to try to convince a judge that the price ought to be higher, O’Brien said.
The sites selected for the schools are the former Crowley dealership on Pine Street and a former sand pit owned by Scalia Construction off Barlow Street.
Only one of the four relevant appraisals has leaked. A secret appraisal done in January by Aldieri Associates of the 36 acres on Barlow Street pegs the land’s value at $1.5 million.
It isn’t clear why the other appraisals have not been released since the property owners have seen them, several officials said. Real estate negotiations can, by law, remain secret.
O’Brien said that the state is willing to pay 73.9 percent of the cost of the school project, including the purchase of property for the buildings.
However, it won’t pay anything at all for anything the city pays over and above the figure in the highest appraisal for either parcel, he said.
That means that if the city can’t convince a property owner to sell the land for the highest appraised figure, it only has three options: to pay more out of its own coffers, to use eminent domain or to pick another site.
If the city uses eminent domain, the state will pay 73.9 percent of whatever price a court eventually pegs as the land’s value, which could be substantially higher than any of the appraisals have figured.
As a result, at least one of the property owners – Scalia Construction – has indicated it would prefer to try to get more money in court than to accept the appraised value for its land, several officials said.
It isn’t clear if Crowley is content with the appraised figure or not.
City councilors and the two school building committees working on the project are slated to hold a joint session in the coming weeks.
Chris Wilson, a Board of Education member who sits on the West Bristol School Building Committee, said the goal is “to move the process forward” by sharing information.
The school panels are currently advertising for architects who can produce the detailed work that will be needed for construction on both sites.
The long-term plan calls for closing Memorial Boulevard Middle School and three older elementary schools – O’Connell, Greene-Hills and Bingham.Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a K-8 system when the new schools open, educators have said.
It appears the soonest that construction could begin on new schools would be the summer of 2010, which would put the earliest possible opening day for new schools in 2012.
The last time the city relied on eminent domain for a significant project was the seizure of the Bugryn family’s Middle Street land to create a new industrial park. It wound up taking years and a lengthy court case to resolve.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
Relying on eminent domain to take the sites eyed for the new 900-student schools in Forestville and West Bristol may prove “the fairest and most appropriate way” for the city to take ownership of the land needed, said Tom O’Brien, the Board of Education spearheading the effort.
The city has two independent appraisals of each of the locations under consideration for the schools, officials said, and would have a hard time justifying paying more than the highest value assigned to either site, officials said.
But taking the property by eminent domain would allow the property owner to try to convince a judge that the price ought to be higher, O’Brien said.
The sites selected for the schools are the former Crowley dealership on Pine Street and a former sand pit owned by Scalia Construction off Barlow Street.
Only one of the four relevant appraisals has leaked. A secret appraisal done in January by Aldieri Associates of the 36 acres on Barlow Street pegs the land’s value at $1.5 million.
It isn’t clear why the other appraisals have not been released since the property owners have seen them, several officials said. Real estate negotiations can, by law, remain secret.
O’Brien said that the state is willing to pay 73.9 percent of the cost of the school project, including the purchase of property for the buildings.
However, it won’t pay anything at all for anything the city pays over and above the figure in the highest appraisal for either parcel, he said.
That means that if the city can’t convince a property owner to sell the land for the highest appraised figure, it only has three options: to pay more out of its own coffers, to use eminent domain or to pick another site.
If the city uses eminent domain, the state will pay 73.9 percent of whatever price a court eventually pegs as the land’s value, which could be substantially higher than any of the appraisals have figured.
As a result, at least one of the property owners – Scalia Construction – has indicated it would prefer to try to get more money in court than to accept the appraised value for its land, several officials said.
It isn’t clear if Crowley is content with the appraised figure or not.
City councilors and the two school building committees working on the project are slated to hold a joint session in the coming weeks.
Chris Wilson, a Board of Education member who sits on the West Bristol School Building Committee, said the goal is “to move the process forward” by sharing information.
The school panels are currently advertising for architects who can produce the detailed work that will be needed for construction on both sites.
The long-term plan calls for closing Memorial Boulevard Middle School and three older elementary schools – O’Connell, Greene-Hills and Bingham.Students in the other two middle schools, at Northeast and Chippens Hill, would not switch to a K-8 system when the new schools open, educators have said.
It appears the soonest that construction could begin on new schools would be the summer of 2010, which would put the earliest possible opening day for new schools in 2012.
The last time the city relied on eminent domain for a significant project was the seizure of the Bugryn family’s Middle Street land to create a new industrial park. It wound up taking years and a lengthy court case to resolve.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
March 6, 2008
New Britain mayor threatens eminent domain to seize newspaper building
I have no idea if this new story in the Hartford Courant is accurate, but it certainly raises all sorts of interesting issues. The Herald, by the way, is owned by the same company that owns The Bristol Press.
My initial thought is that if the government has the power to seize a newspaper's building, then the First Amendment doesn't mean much.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
My initial thought is that if the government has the power to seize a newspaper's building, then the First Amendment doesn't mean much.
*******
Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com
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