
The recent lawsuit alleging violations of the Ansonia city charter as it relates to the Olson Drive sale is valid and necessary to protect the interests of Ansonia citizens and taxpayers. No matter how you feel about how the city’s proposed use of the property, there are problems with the procedures the city has used that directly violate Ansonia’s charter – which Corporate Counsel Marini recently called, ​“a city’s rule book.”
Specifically, the lawsuit alleges violations of Article 20 (XX), Section 2 – 215, ​“Procedure to sell city property.” Sec. 2 – 125 is very clear about the timelines and processes required by the City when it decides to sell city-owned properties.
The city acquired the Olson Drive property from the Ansonia Housing Authority in April, and decided to sell the property to Primrose Companies not long thereafter. However, prior to deciding to sell, the city is mandated to follow these procedures:
–Secure a favorable 8 – 24 referral from Planning & Zoning Commission
*This was done in January of this year, but was done prior to the city acquiring the property and does not satisfy the charter requirements.
–Since the value of the property is over $250,000, the board of aldermen must hold a public hearing before deciding to sell and advertising for bids.
*A public hearing has not occurred, even though the City has already decided to sell and has advertised for bids on behalf of the Housing Authority. By not holding a hearing prior to bid and sale, the City has violated the charter and denied the rights of the residents of Ansonia to speak on the matter. Even if the City were to hold a public meeting now, it would be after the transaction has occurred. Why has the city actively blocked out the public from this process?
–Upon receipt of an appraisal, the city is required to advertise for bids, and accept bids no lower than the appraised price (or another price agreed to by the BOA).
*The appraisal being used to value the property (for $510,000) was conducted Feb. 9, 2021. Per this part of the section, it is upon receipt of that appraisal that the property was to go out for bid (the original request for bids was conducted in 2019!). Despite the charter requirements, the city is illegally choosing to forgo the bid process and simply awarding the property to Primrose. Why is the city not putting this out for bid? Why has this whole transaction been done behind closed doors?
If the City is to complete a legal transaction, the entire process outlined in Sec. 2 – 215 must be followed now that the city has acquired the Olson Drive property. The procedure thus far does not comply with these regulations. None of what has occurred prior to the city acquiring the property in April satisfies the letter or spirit of the charter.
This is a matter of law, not politics. The city is being accused of breaking the law by violating the City Charter – which serves as the foundation of our city’s rules. This should alarm everyone! All the city needed to do was follow the charter. It seems that a decision has been made — maybe negligently, or maybe with intent – to break and bend those rules to get this transaction done.
Why the rush?
John Feddern
Chairman
Ansonia Democratic Town Committee
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