Committee eliminates liability insurance requirement from proposed ordinance

The Springfield Selectboard Ordinance Sub-Committee plans to rework a recently proposed vacant building ordinance to remove mandated liability insurance for vacant buildings with renovation costs of than $100,000.

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2016-06-10 / Front Page Committee eliminates liability insurance requirement from proposed ordinance By Tory Jones Bonenfant toryb@eagletimes.com SPRINGFIELD — The Springfield Selectboard Ordinance Sub-Committee plans to rework a recently proposed vacant building ordinance to remove mandated liability insurance for vacant buildings with renovation costs of than $100,000. That requirement and a separate paragraph referring to leaky foundations, both included in the initial proposal, had some residents voicing concern and opposition in late May. The sub-committee met on Wednesday, June 8 to discuss the changes with town attorney Stephen Ankuda. The proposed ordinance amendment 2016-2 was drafted to address “certain nuisances caused by vacant buildings.” The board decided to revise the proposal after a first public hearing and second reading took place at a regular meeting of the Springfield Selectboard on Monday, May 23. In the new revisions, property owners planning renovation projects with a cost of $100,000 or more would still be required to have liability insurance. “The insurance companies play an unseen role” in ensuring people follow through with repairs, McNaughton said. Property owners with smaller, “do-it-yourself” projects or projects estimated at less than $100,000 will not be required to have that insurance, if the proposal passes. “We created a provision so people can come in and submit a plan,” McNaughton said. “Then it came up at a meeting — ‘What about the little guys?’ … So we’re discussing provisions for smaller projects.” An audience member, who did not provide his name, said that the liability insurance requirement for every owner of a vacant property was a “lightning rod” that the selectboard did not need, and that it made sense to not include it. A section on drainage in the proposed changes that required buildings be “free from leaks” was also addressed to remove that particular requirement, following community feedback that many local homes had some sort of leak. Ankuda suggested that if the sub-committee changes the wording to indicate the buildings need to be animal- and rodent-proof, that should be enough of a guideline to help keep people from entering the structures. Section 7-173 of the proposed ordinance, subsection (e) under “Obligations of Vacant Building Owners,” was written in the most recent draft, “Foundation walls shall be maintained structurally sound so as not to pose a threat to public health and safety, shall be capable of supporting the load which normal use may be placed thereon, and shall be free from open cracks and breaks, free from leaks, and be animal and rodent-proof.” Selectboard Ordinance Sub-Committee member George McNaughton suggested that the town attorney, who is working on the document, strike out everything in that paragraph after “capable of supporting loads.” After an inquiry from Town Manager Tom Yennerell into why the document included additional measures for winter months, McNaughton agreed to remove that section from the proposal. Proposed changes to the document can be viewed at proposed building ordinance changes can be viewed at http://www.springfieldvt.govoffice2.com. Once Ankuda has worked on the verbiage of these and other minor changes to the proposed ordinance wording, the selectboard is tentatively scheduled to present it to the public for a first reading on June 13 at the regular board meeting. If the selectboard proceeds with the newest changes, a second reading would follow, and a public hearing would be required by the state within 14-28 days.