Memo to Council Highlights the Many Enforcement Activities at Amerbelle

In a memo to the Town Council dated Friday, Town Administrator John Ward outlined the enforcement activities at the former Amerbelle Textiles factory complex over the past 14 months. 

Here is a summary: 

2012

• June - Amerbelle, LLC announced plans to Site Owner Hockanum Industrial Development Venture Company that it intends to stop production and to vacate the premises. 

• July to October - Buildings were continuously inspected by the Building Official Harry Boyko and Fire Marshal Ray Walker on various issues related to Amerbelle, LLC removing the equipment and closing production. For example; the Building Official and Fire Marshal oversaw the depletion of the chemical storage tanks. 

• August to October - Members of the VPD and VFD toured building to gain familiarity for future planning and preparation purposes. 

• August to October - Amerbelle, LLC vacates the premises, along with its sub-tenant, Challenge Sail Cloth which decided to relocate rather than take over entire facility. 

• September 12 - Mayor Apel requests an appropriation of $75,000 from Town Council to temporarily secure and winterize the Amerbelle Mill Complex. Request approved by the Town Council. 

• October - Bridgepoint Financing Alliance, LLC expresses interest in developing the site to HIDVC. Bridgepoint member Kent D. Mawhinney, indicates that they wished to develop a residential! retail complex similar to the apartment complex which they developed in Willimantic, CT known as 560 on Main. 

• October 18 - Site Owner HIDVC quit claimed the premises (building and property) to Bridgepoint Financing Alliance, LLC. for one dollar. 

• At the HIDVC's request, Bridgepoint agreed to winterize the sprinkler system and secure the building, as the building was no longer going to be heated or occupied.  

• November 13 - Fire Marshal Walker (FM) and Bridgepoint's Member Philip C. Weatherspoon (PCW) met to discuss fire safety and automatic sprinkler winterization. 

• November 13 - Accurate Fire Sprinkler Inspection LLC was hired by PCW to winterize sprinklers and drain the system. 

• November 13 - A broken sprinkler pipe caused water to flow in the building and trigger an alarm. 

• November 14 - FM received an email from PCW with work plan. 

• November 16 - FM sent email to PCW with his comments on Accurate Fire Sprinkler Inspection's letter regarding plan to winterize. FM comments included request to: 
- Cease all hot work 
- Response also required PW to improve perimeter security 
- Remove hazardous materials 

• December 12 - Doors are found open to the facility allowing trespassers to gain entry into the property. 

• December 12 - A section of rubberized roof blew off onto East Main Street. 

• December 24, 26, 27, 28, 2012 and January 2 and 3, 2013, the FM was on the scene reviewing the work of Accurate. 

2013

• January 3 - Accurate Fire Sprinkler notified FM that it finished the winterization. 

• January 3 - FM notified PCW that permit for the work was still needed. 
Additional unfulfilled requirements were: Failure to maintain a secure perimeter; Failure to remove all combustibles; Failure to terminate all hot works; Failure to secure all the utilities. 

• January 15 - FM received report that copper and pipes were being removed. FM went to scene and found contractor (individual from Handy Helper Home) hired by PCW. FM called PCW who confirmed this. 

• January 17 - FM on site observed metal stripping, which was contractor removing old tanks. 

• January 17 - PCW with Economic Developer Shaun Gately (SG) presented Conceptual Plan to Administration. PCW expressed interested in purchasing tax liens on 19 Grove Street, and agreed to present Conceptual Plan to Town Council, tentatively set for March 2013. 

• January 30 - FM again received report that copper and pipes were being removed. FM on site, no individuals found. 

• January 31 - FM responds to an alarm and finds open doors and hears people in the building running from them. FM also finds a broken water main in the old furnace room. 

• February 20 - FM and VFD Capt. Fisher responded to Fire Alarm. 

• February 26 - FM inspected the premises. Advised Contractor re: Hot Work prohibition. 
• February 28 - FM via Celiified Mail sent Abatement Order of Fire/Life Safety Hazards, dated 2/28/13 outlining: 

- Owner must comply with Section 10.14 ofNFPA STD # 1 and Sec 10.14.2.2 of Part V ofCT Fire Safety Code. 
- Owner must comply with NFPA STD 72 - which requires that the Fire Alarm system must be properly maintained (this system was not and several false alarms had occurred). 
- Removal of all combustible storage waste, refuse and vegetation. 
- The locking, barricading, or otherwise securing all windows, doors and other openings to prohibit entry by unauthorized persons. 
- Termination of all hot works. 
- Securing of all utilities.

• PCW requested his appearance before the Town Council be rescheduled. 

• March 22 - A copy of DEEP's Jan 18, 2013 letter to Bridgepoint is sent via certified and registered mail to PCW by Administration, requesting he confirm that he had spoken with DEEP regarding having the Paper Mill Pond dam evaluated. 

• April 23 - FM conducts drive by and observes that the gates were unlocked and ground floor and upper windows were open. There was combustible storage located in multiple areas on the grounds, against the mostly wooden buildings and visible inside the building. 

• Early May - FM meets with Assistant Town Attorney Beth Foran to review possible further enforcement actions. 

• May 22 - FM sent Memo to Assistant Chief States Attorney Judith Dicine, requesting prosecution in G.A. 19.

• May 22 - Failure to Comply letter dated May 22, 2013 is sent by FM and addressed to Philip C. Weatherspoon, member of Bridgepoint Funding Alliance, LLC. 

• May 22 - Letter to State Marshal Lisa Stevenson dated May 22, 2013 requesting in-hand service of the above-referenced Failure to Comply letter. 

• May 22 - Zoning Enforcement Officer Andy Marchese (ZEO) issued violation notice with request for Voluntary Compliance against Bridgepoint. (Pursuant to Ordinance 214 and 218 and C.G.S. 7-152c). 

• May/ June - Attorney Foran speaks with Assistant Chief State's Attorney Judy Dicine re: enforcement. 

• June 7 - 13:00 hours: CT Water calls the Town asking that the river gates be opened to allow excess flow of water out of reservoir. Phil Weatherspoon is called by FM to alert him of the situation. 14:00 hours: FM and Public Works enter premises to open the valve. (Note: PCW trained on this during summer of2012 before Amerbelle, LLC left). Two individuals show up, at PCW's request and observe. 

• June 13 - A second letter is sent by Administration, certified and registered mail to PCW, requesting confirmation that he has spoken with the State regarding having the Paper Mill Pond dam reviewed. 

• June 16- State Marshal indicated that she could not make 'in-hand' service. Confirmed by affidavit dated 6/18/13. 

• June 18 - ZEO issued violation notice of TO V's Zoning Regulations for trash, waste, graffiti. 

• July 16 - The Vernon FD observed that three offour outside connectors were missing. FM advised by Administration to have replacement connectors put in place at Town expense. 

• July 22 - ZEO issued notice that violation (pursuant to Ordinance 214 and 218 and e.G.s. 7-152c) was not remedied. 

• July 25- Administrative Hearing Officer Steve Wakefield issued a fine of$ 100/day pursuant to Vernon Code and CGS 7 -125c violations. 

• July 25 - Administrative Search Warrant was obtained. 

• July 26 - FM and BO along with members of VPD and VFD execute the administrative search warrant. Found that the portions of the interior sections of the sprinkler system were removed. 

• August 7 - VPD, YFD, Administration, EMD respond to report by CL &P crew of a transformer oil spill at former Amerbelle site, due to cooper being removed from two transformers. CL &P and DEEP hire Environmental Services Inc. to clean up spill. 

• Week of August 16 - Police Chief, Fire Chief and FM present their recommendations to Administration as to possible steps to enhance security at Amerbelle site. 

• Week of August  6 - Mayor directs Town Attorneys to prepare Civil Action granting the Town authority to take necessary steps to enhance security at Amerbelle. 

• August 16 - New State Marshal retained to perfect necessary service on PCW. 

• August 20 - Town Council and public updated on Enforcement Actions to date. 

• August 21- Notice letter served on PCW by State Marshal on behalf of FM. 

• August 23 - Town Attorney Hal Cummings and Assistant Town Attorney Beth Foran file Application for Ex Parte Temporary & Permanent Injunction and Order to Show Cause in Tolland Superior Court.