CtPost article on adoption of the OSPlan

There was an article in today's CtPost regarding the OSPlan. As is my custom to comment on media reports in this blog, I reference the online article by hyperlink, but as they often become stale, I cut/paste with my comments.

http://www.connpost.com/ci_11257354

Commissioners spar on open space issue
By KATE RAMUNNI Staff writer
Article Last Updated: 12/17/2008 10:28:04 PM EST

SHELTON -- The Planning and Zoning Commission will meet with the Conservation Commission about the proposed draft of the city's Open Space Plan, a decision that came after two commissioners butted heads over one aspect of the plan.

If approved, the draft would be incorporated in the zoning commission's Plan of Conservation and Development. But the one controversial aspect of the plan -- increasing open space subdivision set aside requirements from 10 to 15 percent -- would only be implemented if it were changed in the zoning regulations.

++ The Open Space Plan is a supplement to the 2006 Plan of Conservation & Development and thus seeks to reinforce it's guidance to the Planning & Zoning Commission. In the Plan of Conservation & Development (adopted 2006/Jul/11, Commissioner Sylvester was in office but did not vote on the plan, yes or no, not sure why), page 3-3 states: "As these 4,500 acres of unprotected land are developed, not only will the 34% ratio of actual and perceived open space diminish, but the 14% ratio of dedicated open space to committed land as well. To maintain this ratio as the remaining developable land becomes committed land, Shelton should consider increasing the amount of open space to be set aside in new subdivisions from 10% to 15%." It is also the 1st item of recomended open space strategies on page 3-8. The Open Space Plan is simply reinforcing that direction, and asking that the Planning & Zoning Commission amend the subdivision regulations to implement that adopted principal. ++

The issue led to an angry outburst by Conservation Commission Chairman Tom Harbinson, who hurled accusations at Zoning Commissioner Leon J. Sylvester after Sylvester raised the set aside issue.

++ As the public hearing was closed on this application, I had to sit on my hands and watch Commissioner Sylvester say he 1) wanted to approve the document, 2) not wanting to be held accountable to following a plan have a "disclaimer" that they weren't approving every item in the document, 3) couldn't identify what he didn't like specifically because he hadn't read the plan beyond the Executive Summary. You can read their minutes starting on p.6 All this while I was realizing that I spent 2yrs on the committee which prepared the Plan of Conservation & Development, and nobody was paying attention to it's guidance as mentioned above. I was angry, and admit that I should have presented myself during the public portion of the meeting (which now occur at the end) in a more diplomatic way. ++

Last month at a public hearing on the draft, attorney Stephen Bellis, representing the Shelton Builders Association, told the zoning commission that it was his belief that state statute caps such set asides at 10 percent, so to require more would go against state law. The association opposed the increase, Bellis said, and would consider a court challenge should it be fully implemented in the zoning regulations.

++ This was refuted during the public hearing when Atty Bellis spoke. As clear example: Bethel 10%, Bridgewater 15%, Brookfield 15%, Danbury 5% to 20%, New Fairfield 20%, New Milford 15%, Newtown 15%, Redding 10%, Ridgefield 10%, Sherman 15%. Read an email response from the Town of Greenwich which has never been challenged on their regulations of 15% set aside. ++

Because of that, Sylvester said he wanted to have more discussion on that proposed increase. But, Sylvester said, he supported the plan draft and made a motion to approve it with the caveat that the PZC would further discuss the set aside issue.

++ This is an strategy of the City's adopted Plan of Conservation & Development. This Open Space Plan is reinforcing that strategy. The strategy is not IMPLEMENTED until the Planning & Zoning Commission reviews and then possibly changes their subdivision regulations. ++

That enraged Harbinson, who said it made no sense to pass a plan when questions about it still lingered. He also criticized Sylvester for not reading the entire plan before the meeting.

++ As mentioned above. There should be no "questions" about the 15% set-aside strategy already adopted by the PZC. This was confirmed as allowed by Assistant Corporate Counsel Ray Sous on Nov26 ++

But Sylvester said he only received a copy of the report shortly before the meeting. The copy he initially received two weeks ago he gave to another commissioner who hadn't gotten one, he said, and only got the second copy this week. He said he did read the parts that summarized its contents. Not only that, but he is in favor of approving the draft, he said.

++ The OSPlan is available to the public since Aug2008. Formally turned to the PZ staff on Sep17 to allow ample review time, articles appeared in CtPost on Sep19, letter to editor on Sep21, promoted on City website homepage starting Sep22, 8-24 referral made to BOA on Oct29, public hearing held Nov25, and yet on Dec9 - this former Chairman of the P&Z, who is retired, had not read the plan. This shows a deriliction of duty in my opinion. I think it important to bring that to the attention of the public. ++

"I read thoroughly the executive summary and the overview, and I am thoroughly familiar with the plan and totally supportive," he said. "I am only thinking of looking for a notation that the board would move on that issue in the near future."

++ Both can't be done in the same breath. You can't approve a plan on the exhale, while saying you hold "notation" over any item on the inhale. ++

That didn't satisfy Harbinson, who angrily told the commission he would rather the plan be tabled than approved with any caveats.

++ Only two commissioners spoke up to question such an "empty" approval with undefined disclaimers ++

It's not the first time the two have clashed, something Sylvester said he doesn't understand. "Mr. Harbinson obviously has some personal anger with me -- he has a personal or political objection with everything I do," Sylvester said.

++ Perhaps Commissioner Sylvester forgets our NOVEMBER 2008 joint meeting for a CtPost article attempting to draw attention to the recreational component of the canal's FERC license? We met together with the reporter and it resulted in a complementary article where we were photographed together. I do NOT have a personal issue with Leon. I do NOT have political objection with everything he does. That said, I did take issue with Commissioner Sylvester at the same meeting for not fully recusing himself with explanation for a refuse processing application in which his son-in-law is a partner. If you recuse yourself due to a conflict of interest, you MUST state what that conflict is. This is different than simply abstaining from a vote, which anyone can do for any reason and without explanation under the Roberts Rules of Order. Due to his wifes real-estate vocation, Commissioner Sylvester has frequent conflicts for which he does not fully state the reason for such conflict. I believe the public have a right to know why that happens, and the frequency to which it happens.++

"My motion was to pass the plan and just to make a notation that I was thinking the commission should have further discussions about the taking of greater percentages of open space. "I don't have any idea why he got so upset," Sylvester said.

++ That closing comment, is not what the record shows. Commissioner Sylvester NEVER made any motion on the record to pass the Open Space Plan. Only when Chairman Pagoda asked if anyone had any comments did Commissioner Sylvester start into his thoughts. Sad to see such a spin of the truth. ++

NHReg article on adoption of OSPlan

On TueDec9 the Planning and Zoning Commission met and on the agenda was possible adoption of the Open Space Plan. The NHRegister had an article, which I cut/paste with my comments as is custom for this blog.
http://nhregister.com/articles/2008/12/11/news/valley/b6-shopen.txt

Thursday, December 11, 2008 6:03 AM EST
By Sarah W. Caron, Register Correspondent

SHELTON — An angry exchange between city officials at the Planning and Zoning Commission meeting Tuesday followed the tabling of a vote on the proposed update to the Open Space Plan.

The update would change the city’s goal for open space from 10 percent of land in the city to 15 percent. However, PZC member Leon Sylvester, who said he had not yet read the draft document, which was completed by the Conservation Commission in August, expressed concerns that other items in the document might later cause problems for the PZC. He favored approving the document in theory, though not giving it a full and formal approval.

++ To be clear on the obfuscation attempted by Commissioner Sylvester in the same breath: 1) he wanted to approve the document, 2) with concern over items in the document that might hold the PZC accountable to following a plan, he didn't want to give it full and formal approval (an approval of theory?), 3) and yet he hadn't even read the plan.++

“I think 15 percent hangs over my head as that is the recommendation and I think that should be debated. ... I am not trying to thwart the plan. I am just trying to put some sort of disclaimer in here that would protect the (planning) board,” Sylvester said.

++ The PZC's own Plan of Conservation & Development calls for an increase in percentage of Open Space acreage preservation achievement, and to increase the open space set-aside in every residential subdivision application. (p.3-8) This was approved by the PZC several years ago, and Commissioner Sylverster sat on that board and voted to approve that plan. The OSPlan is a supplement to build upon, reinforce and does not change those previously stated, accepted, and adopted principles of the PZC.++

The remarks met with criticism from Conservation Commission Chairman Tom Harbinson, who attended the meeting. "I am a little disappointed that after two months some members of the commission haven’t read it,” said Harbinson, looking at Sylvester. “I just received it. I think that is very unfair,” Sylvester replied. “At the last meeting I asked for a copy. When I got it, I gave it over to someone else, trying to do the right thing. ... This ... it’s ridiculous to argue this.”

++ I'm upset by 1) The facts mentioned in the earlier paragraph that there is an already adopted and accepted goal by the PoC&D which the OSPlan is seeking to reinforce, all of which a long time Commissioner such as Mr. Sylvester should be intimately aware of. 2) The OSPlan was provided to the public via the City website during August of 2008. It was formally forwarded to the PZC on Sep17 so that there would be ample time given to review it, publicity was generated for the plan via a CtPost article on Sep19, a CtPost letter to the editor on Sep21, a prominent link on the front page of the City website on Sep22, a 8-24 referral to the BOA on Oct29, all of which was promotion for comment toward a public hearing held on Nov25 to hear comments for the record. During that Nov25 meeting the public hearing was closed, and the PZC had some discussion which led to having the matter tabled to this mtg 2 weeks later on Dec9. Mr. Sylvester is retired, has had several months to review the plan, and has the audacity to say "he just received it" and I'm being "unfair". The record speaks for itself, and it is ridiculous for him to argue with the record of facts. The public record should be more open and transparent about the record of fact, and my comments were accomplishing that - which is what I suspect was the root to what upset Commissioner Sylvester. ++

The update will allow the Conservation Commission to apply for grants to purchase more open land.

++ The CC has no active land acquisition grants, but there are other grants such as trails enhancement grants from the DEP and others, where the OSPlan is a reference document. Updating the OSPlan from a 1990's document is important to be successful on such applications. ++

Planning and Zoning Commission Chairman Anthony Pagota favored a sit-down with the Conservation Commission, to go over points of the draft plan and “see where they are coming from. What their definition is and what our definition is may be a little different.”

The commission voted to table the matter until its Jan. 13 meeting. In the meantime, the document is expected to be reviewed by the panel.

++ The CC is always available to dialogue with other agencies of the City of Shelton (as well as other communities) regarding our thoughts on Open Space conservation and preservation. Improving communication can only be positive. I'm disappointed with myself in how I presented my opinions at the PZC mtg of Dec9. I could and should have been more diplomatic in tone, but I do stand behind the content of what the CC is attempting to achieve. It is simply the reinforcement and support of planning documents the PZC has already accepted, reviewed and adopted. ++

Public Access to the Housatonic

update: 2008/Dec/10: To further clarify. The CC never gave any info to the DEP. We did give info directly to FERC. The DEP got all their info independently, sending a representative out to examine the location and included his report in their submission to the DEP. When the ConsAgent contacted DEP to offer support, the DEP had already submitted their comments and it was too late.

Another article was published in the CtPost today, and it's important to understand the full nuances of what is going on regarding the FERC licensed area near the Ousatonic Dam, specifically it's recreational component.

First the link to the article
http://www.connpost.com/valley/ci_11066285

And then as is my practice - a cut/paste of the article (the online link doesn't retain content forever) with my comments inserted.

By KATE RAMUNNI Staff writer Updated: 11/24/2008 11:50:20 PM EST

SHELTON -- The Federal Energy Regulatory Commission has reversed its decision to allow McCallum Enterprises to close off a portion of the public access on its Shelton Canal Co. property -- but that doesn't mean the fence erected weeks ago there will be coming down any time soon.
"They issued a ruling but haven't issued a ruling on other proceedings," McCallum president Joseph Szarmach said Monday. "It's still up in the air right now."

++ For purposes of comment, I'll try to stay focused on the recreation component of McCallum's FERC license to withdraw electrical power from the public waters. FERC has indeed denied closure of the area to the public. The fence installed recently should be removed, and access restored to viewing areas such as the historic photo display and the steps leading to the river's shore for fishing and portage. There is nothing "up in the air", FERC has ruled. The other proceedings Mr Szarmach refers to are unrelated to the recreation component.++

On Sept. 3, the FERC's Division of Hydropower Administration and Compliance approved McCallum's application to amend its recreation plan for the Derby Dam that provided about 1.5 acres of public open space for fishing and picnicking. But about a month later, the state Department of Environmental Protection asked the commission for a rehearing on the application.

According to the ruling, the DEP contended that relocating the area would "unnecessarily diminish recreational opportunities," which is in violation of the hydroelectric company's license. This time, the commission agreed.

++ The Ct. DEP both applied for intervenor status, and made comments in opposition to the request. Those were heard, and the initial opinion of FERC was revisited and changed. ++

"The licensee has not produced sufficient evidence to support relocating the area nor shown that the proposed new site will provide the same recreational opportunities as the existing site," the ruling says. "We are unwilling, without more evidence, to deprive the public of the benefits of recreational fishing at the current site."

++ If evidence can be made to FERC that the McCallum request is with merit, they still may limit the recreational area.++

"I applaud the Federal Energy Regulatory Commission for revisiting their decision," Conservation Commission chairman Tom Harbinson said. "The recreation component of the FERC license has been valued by the region for years, and not just by Shelton residents. This was recognized by the [Connecticut] DEP and Shelton Conservation Commission, who, along with their efforts as well as those of others, will be returning a value of passive public use to the citizens."

But, according to Szarmach, the Conservation Commission's assertions that the area is a popular fishing spot are greatly exaggerated. "This ruling is based on misinformation the Conservation Commission gave to the DEP, who gave it to FERC," he said. "We know first hand that it is absolutely false," he said, adding that Shelton Canal Co. employees report there is seldom anyone fishing, and no one has ever launched a canoe from the area.

++ Their is no mis-information by the CC. The City did not file intervenor status in time to make comment on it's own. Yes, we did point to our local knowledge via photos, videos and observations to the Ct DEP - they are all publicly available on our google group msg board, and online web presence that links to the imagery. That includes video of kayak use. The Shelton Canal Co. employees are not an arbitrary party. Why not ask someone who is an advocacy group and body of fisherman like the "Friends of the Housatonic" group that fought dredging issues on this river about a year ago? ++

Planning and Zoning Commissioner Leon J. Sylvester took exception to Szarmach's comments, saying he knows the area is definitely used for fishing and that the level of use depends on the water levels, water condition and time of year.

++ Leon's son writes a regular fishing article in one of the local papers. Leon would know about fishing activities rather than relying on the chance viewing by an employee. ++

The FERC rejected McCallum's claims that the area presents a danger because of the possibilities of drowning and fatalities in the canal.

++ Lets see some facts. How many drownings occured in the "recreational area" of the canal? The canal does run open in some locations down-street toward the Birmingham condos, but that is outside of the FERC licensed area, and being next to Canal Street, has had some auto accidents. To imply that accidents in this "canal" are dangerous to the "recreation area" is sly. The answer is no deaths and drownings have occured in the recreational area, or maybe they occurred but nobody saw them happen - like the fisherman we haven't seen fishing?++

It also rejected McCallum's argument that the expected influx of residents living along Canal Street would increase that danger. "The suggestion that there could in the future be increased public use of this recreation site, which could result in some safety issues, is speculative, but in any event such issues would be considered and resolved at such time as they presented themselves," the ruling says.

++ This is an interesting comment by FERC, and to a certain degree I understand the McCallum perspective. Obviously, there will be economic development occuring in the vicinity. These changes in neighborhood character may require re-evaluating the safety fencing, benches, trash cans and other amenities in the area. Being pro-active to look forward at possibilities makes good business sense, but as there is no application on the horizon for this area for several years - such a claim to needing a course of action to solve a problem that doesn't exist is simply jumping the gun ++

Szarmach said his company is continuing with its plans to appeal the Planning and Zoning Commission recent rezoning of the property from R-4 to R-1, which decreases the number of units that would be allowed if it were to be developed. And it will be either developed or sold, he said. "We are waiting for the zoning to be overturned, and we are confident it will be," he said. "We can't move forward on filling in on the Army Corps [of Engineers] permit until we get that out of the way. "This most recent ruling is not the end all, just one ruling," Szarmach added. "We are still looking to fill in the canal and sell or codevelop it."

++ The public should understand that concurrent to the FERC ruling on the recreational component, there has been a separate application to FERC requesting that McCallum be allowed to fill the canal. I understand that this was already approved. There is however another layer, the Army Corps of Engineers. The ACE issued a pretty expansive letter of requested items in Mar2008, and in Jun2008 McCallum "temporarily" withdrew their ACE application. The Ct DEP, Housatonic River Estuary Commission, State Historical Society, and Housatonic Valley Association all issued comments in opposition.

Additionally, there is a third action going on. The PZC has as part of it's review of their zoning map determined that an area which encompasses the Canal Co. property (and includes a good bit of other acreage from adjacent parcels) should be modified for zone in accord with their Plan of Conservation and Development recomendations. This is unrelated to anything regarding the two FERC applications.++

The CC supports transparency in government. You can get right to all the documents via a webpage created for this subject.

CtPost tommorrows article on Canal issues

My google alert tossed up another news-wire article under keyword of Shelton.
http://www.connpost.com/breakingnews/ci_11031243

Tommorrow's CtPost has an article regarding the Canal Co battling with the City. Primarily the article covers the recent P&Z rezoning in the area that included land of the Canal Co, from R4 to R1. Given the owner of the Canal Co's comments in the past regarding his claims of favored treatment of one developer over another - you can guess what subject got drawn into the article. It's not surprising that when the 1st FBI indictment alleges that 4 of the PZC were given rewards for voting favorably to a developer, that the public is going to draw extra scrutiny to every item involving their decisions.

I had separately and coincidentally been emailing the CtPost reporter news regarding the recent FERC decision shared by Teresa via our google group, especially in light of the article a couple of Sundays back in which I appeared in a photo for and gave quotes to. Unfortunately, the updated FERC info was made known after this online article was created, but perhaps tommorrow's print version will have such extra updated content.

These online articles have a commentary / blogging type component, and one of them is at over 300 comments from readers. Naturally, as people can hide behind an alias or "handle", they are a little more blatant about what they say, thinking they have no worry of facing libel or slander. That's not my focus, rather that there is a sentiment voiced by more than one, which paraphrased is "throw all the bums out". They would seem to include any commission or board that has anything to do with land use decisions, and there have been mentioned in these commentaries 2 Open Space purchases.

This is unacceptable, to have our good-will capital with the public, which was built up over the years, swirl down the toilet bowl with the other crap that apparantly has gone on.

After a request from a reporter today, I was separately giving comments regarding the upcoming Public Hearing by the PZC to consider update to the OSPlan. The timing of this hearing could not be worse, or better, depending on your point of view. From my perspective, and what I communicated to the reporter: the OSPlan from 1993 has served the residents well. Modifications to it are in essence recognizing past accomplishments and building upon them. It has helped us garner grants and awards in the past from various agencies, and we hope similar recognitions will occur in the future. There is nothing being requested in the OSPlan update that is extraordinary, and on a whole serves to balance development in the community with Shelton's long held tradition of conservation related aspects - which thus contributes to a quality of life we all desire to enjoy.

It serves little purpose to look in the rearview mirror of what has happened among these PZC individuals. If you continue driving while looking over your shoulder, you will run into things, and there are a lot of important things on the road ahead: OSPlan adoption, RecPath completion, OS acquisitions, monitoring and assisting issues involving recreational use of the Canal area. Reading all this news is certainly a distracting parlor game, one I'm guilty of too. We should all recommit to focusing on our CC issues ahead and let the others reap what they sowed.

By nature of a special email address, this is appearing simultaneously in the CC google group, and on my Commissioner's Blog (which I refer the media to).

Canal - FERC modifies Recreation Area

There are several subjects regarding the area of the Canal and it's historic locks located on Canal Street in downtown Shelton. This entry covers the recent modification of the recreation area at the location. I'll say upfront, that I am a layman and no expert, but to the best of my knowledge and information available - this is how I see a very complicated subject with multi-jurisdictional issues.

Much information, documents, links to online resources and such data are compiled on a webpage the Conservation Commission created covering the subjects being discussed for this area of the canal.

The dam blocks a navigable channel (the Housatonic River), and takes value from the public domain (water power, sometimes called riparian rights) into private hands (water's energy converted into the portable and marketable electric energy via a hydro-electric generating station). The agency that govern such activity is the Federal Energy Regulatory Commission (FERC). There are also environmental concerns such as fish spawning migration, watercourse impact (besides the obvious Housatonic River, the Captain Curtiss Brook empties into a man made watercourse in the form of the canal), in addition to land use issues. These can variously cause involvement by the Army Corps of Engineers (ACE), the Ct. Dept of Environmental Protection (DEP), the Shelton Inland Wetlands Commission (IWC) and the Shelton Planning & Zoning Commission (PZC). All are regulatory agencies and are in addition to the Shelton Conservation Commission (CC) which I chair, but is purely advisory and can only comment to any or all of the above groups.

The owners of the dam and it's associated infrastructure are currently McCallum Enterprises, and they conduct their operations via a license issued by FERC in 1986/Mar/25, with the filing of final license documents occuring in April and August of 1987. A license of this nature typically has a 20yr period upon which it is reviewed. It is specifically referred to as "Derby Dam Hydroelectric Project FERC No. 6066 - CT". A component of the FERC license (Article 32) is a "Recreation and Public Safety Plan".

On 2008/Mar/14, McCallum sought to alter the Recreation and Public Safety Plan. You can read the submission via this link. The City became aware of this on 2008/Jul/8, as you can see on the scanned document at the top from it's fax date/time. The period for public comment had already closed on June 30th.

McCallum stated two reasons for wanting the change. Safety, and Convenience.

Of the request letter's three bullet items supporting the safety reason: the first will not occur for quite some time, but I agree is a valid concern. The second is so inaccurate that some might think it as deceptive. The third is no change from what has existed for over 20yrs and has caused no increase in hazard from the allowance of access which has occured over that entire period.

Of the request letter's two bullet items supporting the convenience reason: the first, while valid in terms of walking a few 100yds less than what existed, renders a more difficult portage locations, and much poorer fishing location given the attraction of the fish toward the more oxygen laden water in the vicinity of the dam. The second bullet refers to what exists aproximately 2 miles drive away, due to it being on the other side of the river.

The DEP sought intervenor status (basically puts them on a notification list for when things such as hearings or decisions are scheduled and noticed) and concurrently commented on the ammendment request in a non-supportive manner. The CC discussed this at their next meeting in August, and despite the fact that the public comment period had closed, they felt it important and wrote a letter expressing their objections. That letter as you can see, was courtesy copied to all local agents who could express similar objections.

On 2008/Sep/3, FERC approved the request, a new fence barrier and gate was soon installed, and the general public began to become aware of what was lost and voiced confusion and then displeasure when fully informed. (several calls reached the Conservation Agent and Planning & Zoning Dept in City Hall).

To my knowledge, the only other public municipal comments occurred when the PZC wrote a letter on 2008/Sep/10. However, due to the delay in our awareness over the filing (the public notice appeared in a Waterbury newspaper), the period when FERC allows public comment had already expired on 2008/Jun/30, and any effort including that of the CC would have had small affect.

The FERC approval did have an allowance of 30 days for requests of rehearing. The BOA approved filing an rehearing request on 2008/Oct/9 (see item 11.6 on p.16), six days after when such period of opportunity had already expired.

The lessons learned are:
1. Better communication must occur with City government agencies.
2. Better notification must occur between different levels of government.

If a reader of this account is dismayed, disapointed or mad that this was allowed to occur, I encourage you to WRITE to the following officials:
1. Mayor Mark Lauretti
2. Your respective Aldermen
3. CT. DEP Commissioner Gina McCarthy
4. CT Representative Jason Perillo
5. CT Senator Dan Debicella
6. Congressional Representive Rosa Delora
7. Congressional Representive Jim Himes
8. Senator Joseph Lieberman
9. Senator Christopher Dodd
10. Your newspaper editor of choice.

There is currently no course of action available to remedy this matter as the regulatory agency (FERC) has issued it's ruling on the request. It is unknown at this time if an outside party (someone other than the license holder) can petition for a review and/or change of articles (The Recreation Plan) within a license.

If you have an interest in this matter, you can additionally comment publicly in this blog forum or contact me privately.

Charter Revision - Why I supported it.

I am disappointed that the public turned down the most recent attempt at charter revision for Shelton. The current charter has gaps that allow inaction to occur with no consequences. I have witnessed and been impacted by those gaps in my work with the City. The proposed charter addressed those gaps.

I have followed the Charter Revision pretty closely over many years due to an issue of personal interest. As evidence, I read into the record during the current Charter Commissions deliberations, my letters on it going back to 2002.

My interest and examination of the current proposal led to me discovering an item the Charter Revision Commission included as a component that was of hope to me as Chairman of the Conservation Commission: appointments to boards and commissions.

The Shelton Conservation Commission has always been non-political through my involvement since 1998. The commissioners are appointed to serve for a 3yr term. My witness has been that when there is a vacancy, the commission has experience with someone interested in our efforts and approaches them about possibly serving. If that is a positive response, the person is recomended to the Mayor for appointment to the post and that is carried out to conclusion. Current Mayor Lauretti has never recomended someone or appointed someone to the Conservation Commission from his sole initiation until recently.

As example, I came on in 1998 after Harriet Wilbur (co-chair at the time) asked me if I was interested in serving as they had a vacancy (I had attended a few meetings out of concern for a development proposal near where I lived). Joe Welsh, who was and is involved with the Shelton Land Conservation Trust (a private non-profit entity with preservation efforts similar to those dealt with on the Conservation Commission), replaced Soren Ibsen who simply ended his term. Bill Dyer had been working on trails as a volunteer, and was asked if he wanted to serve on the commission.

A concern over lack of action for appointment to the Conservation Commission arose over two years ago. Harriet Wilbur resigned for health reasons, but the Mayor refused to accept the resignation, a nice gesture to signify he thought she would recover and have a healthy future. Sadly she passed away soon after. In subsequent months, the ConsComm interviewed three candidates, and made a recomendation to the Mayor for filling Harriet's vacant position, along with the resumes and opinions on the other candidates. Despite repeated attempts and encouragement, the Mayor failed to fill the vacancy.

Thus it was with surprise that I read the Mayor's comments quoted in the Aug27 Huntington Herald which I cut/paste here for reference/comment in case they aren't retained at their current online archive:

*** Mayor Mark Lauretti participated in the CRC meeting Aug. 21 by calling in on a speakerphone, but his objections to several provisions didn’t sway the commission. Lauretti was most adamant about two CRC recommendations concerning appointments to boards and commissions. One requires the mayor to notify the Board of Aldermen and the City/Town Clerk 15 days before the appointment goes into effect. The other requires the “appointing authority,” which often is the mayor, to fill a vacancy within 30 days, or the board or commission is authorized to do so.
“Is there a problem with the way I’ve been making appointments?” Lauretti asked. He repeatedly stated there was no problem with the current charter and said, “If it ain’t broke, don’t fix it.”
But the CRC felt it was broke enough to fix. DiMauro said the provisions were intended to promote good government, not as a criticism of Lauretti.
“In real life there’s more important things for me to deal with than appointments to boards and commissions,” Lauretti said.
When he questioned how would he know if someone’s term had expired, DiMauro said notification could be provided by using a computer spreadsheet.
When Lauretti noted that several times members of boards continued to serve for years without reappointment, DiMauro asked, “Why didn’t you reappoint them?”
Lauretti paused, then said it was another example of “If it ain’t broke, don’t fix it.”
****

My simple experience is that the system IS broke. If the current charter was being violated (the Mayor was not following the process for appointments) there were no ramifications and no course of solution. As Chairman of the Commission, I expressed to the Mayor how displeased I was to read his comments in the news, especially in light of our experience. I informed him that the person recomended over a year previously, who he had interviewed and was fine with appointing - was still interested.

He was surprised at the vacancy and thought that he had already done the appointment. I can't understand that reaction since every ConsComm mtg minutes over the past 2 yrs clearly states in the Call to Order that we only have 6 active members. (for example, see pg 2 of our Sep30 minutes)

On Monday Sept 15, during the Mayor's Golf Classic Tournament (charity benefits the Boys & Girls Club among other recipients), the Mayor informed me that he made an appointment to fill Harriet Wilbur's vacancy: Albert John Grasso (AJ), the owner of Prestige Builders. This brings our membership to a full complement of 7. It is my understanding that the Mayor did not further pursue appointing the ConsComm's suggested nominee from the 3 who expressed interest and were interviewed about 1.5 yrs ago.

I met AJ personally on FriSep19 (in the interest of full disclosure, we were in the same home-room at Shelton High School, but haven't traveled in the same circles since we graduated). We discussed his interest in serving on our commission. He was sworn in by the City Clerk, and began serving by our next meeting in October. AJ is a member and Director of the recently formed Shelton Builders Association, and has done some developments in Shelton, for example Freedom Way off Buddington Road. A developer has the potential to bring a complementing contribution and developer's perspective to our Conservation affairs, but the Conservation Commission is meant to be a balance to the development perspective.

Thus, coming from a builder/developer background will obviously raise questions for some in the public. The public impression of the ConsComm's affairs is of great value, having been compiled through years of earning the public's respect. I have a duty to see that this wealth of respect is not squandered. Where there are obvious conflicts of interest, it is easy for any commissioner to abstain from voting, or more thoroughly, recuse themself from discussing or deliberating on the issue. The City has a Board of Ethics and those regulations and rules are given out to any new appointee. More complicated are when the ConsComm deals with land acquisitions issues as executive session items, and if/when it is warranted for someone to be excused from such discussions. This was just discussed openly and frankly by the ConsComm at our first meeting with AJ as a commissioner.

Where is my property line?

When there is a question between property owners over the property line location, it's usually pretty easy to work out conflicts promptly. Both owners are there to react with immediacy to a breach or infringement on their property. But what happens if one of the property owners is the City and isn't there regularly to see someone using its property improperly?


Before anyone gets excited, you can't claim City property as your own just by using if for several years (the legal term is "adverse possession"). Just the same, the City holds value in the character of the land to the benefit of it's residents, and does need to protect the asset.


Obviously, if someone were dumping debris or garbage on City property, there is a detriment. Less obvious an impact is when someone cuts down trees to improve their view, or mows a meadow to have expanded lawn. One person's view into a valley, can become another person's view disrupted onto a formerlly naturally vegetated ridgeline. A meadow may look unruly, but it may be filtering contaminents from runnoff heading toward a stream.


The City has been very active since the mid 1960's in acquiring Open Space, as well as other parcels conserved for future municipal use (ball fields, firehouses, etc). Not every parcel is monitored on a short periodic basis, and a great reliance on maintaining the value of City's interests comes from reports of resident (which are then followed up on). That concept of neighbors watching city property is known as our "landkeepers program" (inquire with the City Conservation Agent if interested in participating). Not all parcels have hikers and birdwatchers enjoying them, so there are a few that escape notice of encroachments until after the damage is done.


If the vacant lot of woods at the rear of your yard looks like a good place to dump lawn debris, some people might not think about going ahead and doing that - but it would be a violation of Open Space Regulations.


The CtPost had an article that I hope was widely read on this subject. I cut/paste it for longevity and comment as the URL locations can change.


http://www.connpost.com/localnews/ci_10815959

Trail leads to property line education
By KATE RAMUNNIStaff writer
Article Last Updated: 10/25/2008 06:44:36 PM EDT

SHELTON -- Martin Reynolds loves to walk the city's Shelton Lakes Recreation Path, so much so that when his business relocated him to the area, he focused his apartment hunt on Shelton to be close to the popular trail.
And while he loves the idea of the city providing the path to the public, he said he can understand how those whose backyards abut the trail might assume an attitude that the city-owned open space that abuts their yards is free for the using.
"There are some areas where it seems like it goes right through people's backyards, and sometimes I've seen people who live there doing yard work pretty close to the trail," he said Thursday as he returned from an early morning trek. "I never really thought about it, but I'm sure some are doing work on property they don't own."
That encroachment has become an issue the Conservation Commission increasingly must confront, though one that officials feel should be done with a soft touch.
It's not the commission's purpose to punish those who encroach on city-owned property, but rather to educate, said Tom Harbinson, the commission chairman.
"I would hope they look at us as the educator of where property lines between public and private spaces are and the reasons why and when certain areas are left natural, wooded, meadow or open for other passive recreation," he said.
Homeowners aren't always aware that they're treating city-owned land as their own, he said. Although, he added, there have been some instances when property owners abutting city land knew they had encroached on public holdings.
"Sometimes, validly, the homeowner doesn't know or assumes where the boundary is, and other times they are outright commandeering public property for personal use," he said, such as putting up sheds without permits. "The Conservation Commission never had an agent to monitor or address these situations before, so we have taken a personal approach to each case as they are discovered.
"But we are finding that the public does not understand what public open space is versus a conservation easement or even a pedestrian easement," he said.

***
When the City owns property it generally is known as "municipal property" (schools, police station, firehouse, cityhall, sports fields, etc). If the municipal property has a natural landscape character it is more specifically referenced as "Open Space" (meadows, farmfields, woods). If the municipal property that has a natural landscape character is deed restricted to remain undeveloped, it is further referred to as "Permanently Protected Open Space".

When Private Property has a covenant that a portion of it can not be mowed, or trees cut down, that language recorded on the deed in the land records is known as a "Conservation Easement". When the restriction refers to public passage for a trail or path, it is known as a "Pedestrian Easement". Easements are a common way to pass certain rights to others and are recorded in the land records (sewer easements, utility easement, etc). The language of every easement is unique to itself, however the City of Shelton has attempted to bring some uniformity to conservation and pedestrian easement language in the modern day subdivisions it reviews.
***

Much of the enforcement falls on Conservation Agent Teresa Gallagher, whose job it is to monitor public encroachment on open space.
Using tax assessor maps and the computer program Google Earth, she is able to see where the property lines are and what is on the open space, Gallagher said. "Major encroachments can be identified very quickly this way," she said.
There are other Web sites that can be used to view properties, she said.
"The bottom line is, people may think no one can see what they are doing when they cut down trees in the open space behind their homes," she said, "but in the age of the Internet, we can see it from our desks."

***
The State of Ct has aerial photography that is taken regularly and available to municipalities. This is in addition to the publicly accessible resources such as satelite photography (google earth), aerial photography (microsoft live), and ground level photography (google street view).
***

Some encroachment issues stem from people's fear of Lyme disease, she said.
"One very disturbing trend I am seeing is people who are worried about ticks clearing out large areas, leaving only short grass, and then spraying that area heavily with insecticide," she said. "I have heard this reasoning from residents to justify why they clear and mow the open space. They say they are taking care of it, and have trouble understanding why land in a natural state, which they fear, might be a good thing.
"It used to be that people maintained swaths of natural areas on their properties as buffers, but some people now view this as tick habitat, which is not entirely correct. Many people get Lyme Disease by walking through a lawn."
That also creates another problem -- some of the insecticides that people use are known health hazards to humans and pets, she said.
"Modern insecticides are much more toxic than DDT, they just break down faster; people don't realize that," she said. "So we have parents letting their children and pets run around through the insecticide thinking it's healthy because there are no ticks." In some cases, developers building housing around the trail don't delineate property lines properly, Gallagher said. There was once such case at Toll Brothers' development, she said.
"It was due to Toll Brothers not having delineating the property line before the homeowner moved in," she said. "The property owner was very eager to have the line identified and is planting trees along the border." Sometimes homeowners will mow city-owned property, or even ask the city to mow it, she said. But it's better to leave it in a natural state, she said.
"In reality, conservation lands should not be mowed," she said. "Eventually, the grass will revert to brush and then to trees."
"The suburban interpretation that a lawn is prettier or nicer landscape than a meadow or natural-scape, while subjective, does not address why the area was sought to be left natural when the original parcel was subdivided into lots creating the neighborhood," Harbinson said. "It could be to provide passive recreation -- a field for neighborhood kids to play in -- or wildlife habitat, meadow for cover of birds, or water resource protection, filter contaminants before they reach a stream.
"Education to the public will be the real resolution to this task," he said.

**
People can review our Open Space Plan online, in addition to Open Space maps showing where parcels are kept natural and connect with others to create wildlife or habitat corridors which we refer to as Greenways.
**

Open Space Plan - Shelton Weekly Article

The Shelton Weekly newspaper had an article in the Sep26 edition regarding the OSPlan and request for public feedback. Teresa Gallagher and myself spoke with reporter Gabriella Doob. As is my use of this blog, I cut/paste her article with my extra information or comments to better inform the public. Recognize that sometimes online resources are not archived at current and posted URL locations uniformly.

http://www.zwire.com/site/news.cfm?newsid=20139501&BRD=1648&PAG=461&dept_id=11784&rfi=6

City asking for public feedback on open space

By: Gabriella Doob, Editor

SHELTON - The city wants to hear from residents about how open space should be used. The Conservation Commission is requesting input on its draft of an Open Space Plan, a hefty document that defines open space and greenways around town. The draft is an update of a 1993 plan that supplemented the Plan of Conservation and Development. After a period of public commentary, the draft will go before the Planning and Zoning Commission, which will then hold a public hearing before voting on the plan. The Board of Aldermen will also review the document.
** The Open Space Plan is more of a planning document to help land use boards and decision makers understand the spacial recognition and characteristics for land that is currently or could become City Open Space, or otherwise protected from development such as Purchase of Development Rights. The ConsComm is always looking for public input, but officially, the public comment comes during the public hearing held by the PZC as it is their document to adopt.**

Gallagher said that while the plan is similar to the 1993 version, it defines several new greenways, or scenic routes set aside for recreational activity. The Conservation Commission has worked to expand the greenways in town and more clearly establish them through maps. The acquisition and management of open space has become increasingly important and visible in recent years, she added.There are over 1,900 acres of open space land in Shelton, she said.
**Greenways were defined conceptually in the current OSPlan, and they serve more than just scenery or recreation, though those are two components contributing to our community's quality of life. Various acquisitions were made according to their rough layout over several years. This has created actual greenway corridors of protected land along with associated or nearby lands to the corridor that has been developed since the current OSPlan was adopted in 1993. This allows better definition and movement away from simply conceptual greenways, though that is still a consideration.**

Besides delineating the greenways that already existed, the plan reflects the addition of several new greenways including the Long Hill Greenway and the Ivy Brook Greenway, said Conservation Commission Chairman Tom Harbinson. The plan "more formally recognizes the acquisition efforts done in the past," he said. "We've acquired a lot of property in those corridors."
** The Long Hill Greenway is a great example of concepts working to create a reality. As property was acquired along the Housatonic River Greenway in the area of Old Coram Road, some of those parcels had ridge lines that impacted the Housatonic River viewshed but also reached to Long Hill Avenue, linkage was being made to create a corridor from the Housatonic River Greenway to the Far Mill Greenway by acquiring Klapik Farm and Tall Farm, which expanded with the Behuniak and Carrol parcels adjacent to Long Hill School. They all followed the OSPlan in linking Greenways where possible, but collectively have further created a mass of land (>100 acres) that should be given it's own recognition, thus the identity given of Long Hill Greenway.**

Gallagher said the plan will serve as a reference document for city boards as well as for residents. It includes years of research on open space land use, she said. It should also help people make informed judgments about how they would like open space to be used, Gallagher said. For instance, some residents have expressed interest in creating a dog park. The plan would be useful in determining where such a park could be located, she said. Ball fields and hiking areas are other top priorities for those in town, Gallagher added.
** Land use boards refer to the maps and plan when making decisions on development. Fiscal boards refer to the maps and plan when making decisions on acquisition possibilities. Outside agencies refer to the maps and plan when deciding upon awarding grants or contributions toward acquisitions and enhancements of parcels. Public can refer to the maps to better understand what to expect from City properties and judge any impact upon their quality of life. Certain lands are better preserved because the soils are rich in organics for farming, certain lands are conserved for future City needs such as recreation fields. A plan looks up to the future with wide open eyes, it does not look down at a current development application squinting at a map of the moment.**

Gallagher composed the majority of the document herself but the draft also includes extensive maps, Harbinson said. Modern mapping techniques have enabled the commission to visually reflect information about parcels of property, he said. Clicking on the maps allows a viewer to assign certain attributes to properties around town. For example, a viewer could click to see what parcels have open space tags or which have preservation designations, meaning they are owned by the Shelton Land Conservation Trust. Acquisitions and purchases can be easily illustrated through these methods, he said. Harbinson likened this technology to transparencies, which can be overlapped on a projector to visually demonstrate certain realities.
** Teresa Gallagher is the Conservation Agent for the City of Shelton, and working part-time was able to draft the OSPlan document reviewed by the Conservation Commission. The Finance Department had Regis Dognin use the City's GIS system to help create the maps. A GIS (Geographic Information System) is a modern tool where parcel data can be documented and referenced in a spatial way. It is an extremely powerful tool, not yet fully recognized by local leadership for the potential it has to quickly, coherently, and efficiently portray data that brings better decision making. Here is a link to a web interface that examples just a portion of what NYC offers for it's GIS data at a location (100 Park Avenue, Manhattan) where my company worked on the building's facade.**

While the plan hasn't changed much in essence, Harbinson said this new technology has made it a lot easier for viewers to conceptualize the space being discussed."It really behooves people to take a look at the maps," he said. Harbinson said he doesn't anticipate any major concerns from those who look over the plan. Some residents may be distressed to learn that future trails may limit some of the privacy they have enjoyed near their homes, while others may be pleased at the possibilities for accessing trails more readily. "For some people it's a very attractive amenity," he said.
** People that can walk from home to the 15mile trail network within Shelton Lakes are an example of those pleased with trails. However, there can be at times public concern over trails being constructed near their private property. There is a trail network around the state known as 'Blue Dot Trails' that are maintainted by the Ct Forest & Parks Association. They follow some of the oldest footpaths in CT, and are thus are referenced with Indian names. One such trail used to traverse through Shelton from Monroe to Stratford, but has become fragmented via subdivision of parcels and development. One long held goal by the ConsComm is to re-establish some lost Shelton segments of the Paugusset Trail. It has been on our planning documents for years. It was a stated reason why several parcels were acquired along the Housatonic River Greenway. It was the purpose for setting aside a public open space area on certain subdivisions. All of those components take time to assemble and occur. Now accomplished, new residents that had utilized public property for their personal gardens and playscapes for several years were notified of trails being proposed. The contrast between moving sheds, gardens and swingsets off of public property, and opening the area to public walking in space previously viewed as private backyard was jarring, and generated opposition expressed to the resident's Aldermen. The ConsComm presented alternatives, and that has dismayingly had no comment or decision from the BOA for about 2yrs now. An OSPlan with ample opportunity to comment on and review maps, will diffuse such possible conflicts in the future.**

Harbinson stressed how important it is that residents have this information at their disposal. "I'm a big proponent of transparency," he said. "People can see what we're doing and if they have comments, give us those comments." The current plan is available online at http://sheltonopenspace.googlepages.com and more information can be obtained by calling Conservation Agent Teresa Gallagher at 924-1555, ext. 315.
** Blogging of news or my comments on them, publishing communications among the ConsComm live as they happen, maps online, every agenda and minutes from our meetings, photos and videos of what our agent sees in the field and communicates to commissioners : all offered to the public in the hope that they can make better judgement and contribute better input to us on the ConsComm who are charged with making the comment and advice to decision makers on agencies such as the BOA and PZC.**

Open Space Plan - letter to editor

The Mayor was adamant that the Open Space Plan receive great emphasis on public involvement, especially for those people who live nearby a greenway corridor and should be made knowledgable about possible acquisitions or passive recreation use conceived for property already acquired.

To that end, I have talked to reporters who have written information about upcoming review/update to the Open Space Plan in articles about the CFPA award. I have also have writeen letters to the editor (identical) that have been printed in:

Connecticut Post: http://www.connpost.com/letters/ci_10531744
Huntington Herald: appeared in print Sep24. Does not offer letters in online venue.
New Haven Register:

Letter to the Editor:
There has certainly been a great deal of interest in the city of Shelton's proposed charter revision, and while that is important, there are also other planning or guiding documents on which the public will soon have opportunity to offer input, which have impact not only on the lives of residents, but also on visitors to and workers in Shelton who simply enjoy its suburban environs.

A short time ago, the city of Shelton completed its Plan of Conservation and Development, sometimes referred to as the Master Plan. It laid out several tasks to be accomplished to support the plan's goals. One of those tasks was for the Conservation Commission to update Shelton's Open Space Plan, which they have been drafting. That work is now entering the public comment period.

The Open Space Plan for Shelton was last updated more than 10 years ago, and the draft update does not stray from its core principals, which have served the community well during that time. The rewarding "greenway" concept remains in place, where multiple parcel acquisitions accumulate to a larger mass that can offer to serve more varied passive recreation needs or better preserve wildlife habitat and migration corridors. Modern mapping facilities allow better definition of preserved and conserved acreage, and with overlays of these conceptual greenways, improved decisions can be made by land-use boards.

The major difference for this plan's adoption process is the availability to communicate its content in the modern age of digitized information. The plan and maps are available online for anyone to view and take benefit from, including those considering becoming residents. I encourage the public to inform themselves of the content and prepare any comments as they review them, both positive or negative, for submission during the process. As an official planning document that supplements the Plan of Conservation and Development, the Planning & Zoning Commission conducts the approval process which will involve a public hearing in the coming months.

Please visit the Conservation Commission page of the cityofshelton.org Website which can direct you to the numerous online resources that can educate you further on this issue.

Thomas Harbinson - Chairman
Conservation Commission Shelton

CFPA award - NHReg article

Just wanted to not the NHRegister mention of the Conservation Commission's award from CFPA.
http://www.nhregister.com/articles/2008/09/19/news/valley/b4-shaward.txt

As these articles are not always kept online for extended periods, I cut/paste for reference/comment:


Shelton trail volunteers win award

Friday, September 19, 2008 6:35 AM EDT
By Marianne Lippard, Register Correspondent
SHELTON — Volunteers dedicated to improving hiking trails throughout the city have been honored with an award from the Connecticut Forest and Park Association.

Bill Dyer, chairman of the city’s trails committee and vice chairman of the Conservation Commission, said the award of merit came as a surprise to the volunteers. The CFPA recognized the volunteers this month at its annual meeting at the Kellogg Environmental Center in Derby.

According to the CFPA, the Shelton Conservation Commission was chosen “for their vision and perseverance in developing a townwide trail system for passive recreation.”

The CFPA is a private, non-profit organization dedicated to the conservation and enhancement of Connecticut parks, forests, trails and natural resources; it is the state’s oldest conservation group.

In presenting Shelton with the award, Eric Hammerling, CFPA executive director, and David Platt, CFPA president, said the Shelton commission is making a great effort to restore and extend the Paugussett Trail from Indian Well to the Stratford town line.

Teresa Gallagher, Shelton’s conservation agent, said the trails that the city is trying to restore existed for decades before being cut off by private development around the 1980s. To restore what was lost, the city has been acquiring land in a linear fashion to re-establish a continuous trail system, Gallagher said. The Shelton Lakes Greenway consists of more than 450 acres of contiguous open space and 10 miles of hiking trails.

John Anglace, president of the Board of Aldermen, said volunteers have been working for years to improve the trail system and they frequently apply for grant money to help with the cost of improvements.

A $2,500 grant received by the group will be used for logo and design work to create a granite marker at an entrance to the trails.
** The logo was done via our annual City budget, the grant was due to work at the Ct Capital by now deceased State Rep Richard Beldon, and the granite markers with logo will be pd for via the grant and part of the CC City budget. **

The aldermen just approved a new phase of improvements to the trails near Pine Lake that will open the area to more forms of recreation, rather than just walkers.Conservation Commission Chairman Thomas Harbinson said that an open space plan for the city will be updated soon; the last such plan was revised back in 1992.
** Please see other blog entries for info on the OSPlan update where we seek public comment. Also, the sheltontrails.org website has more info regarding trails and the RecPath specifically. **

Open Space Plan - draft prepared

When at a recent Board of Alderman meeting to ensure that the final $6000 in funding for the RecPath Phase 1 construction would take place, myself and Vice Chairman Bill Dyer spoke to gathered reporters regarding upcoming events, notably the Open Space Plan and it's update as called for in the Plan of Conservation and Development (aka the "Master Plan")

An article appeared today in the CtPost which I cut/paste with comments to flesh out the story.
(articles are not always retained, below link may become stale)

http://www.connpost.com/valley/ci_10502404
By KATE RAMUNNIStaff writer
Article Last Updated: 09/18/2008 10:15:31 PM EDT

SHELTON -- As the Conservation Commission celebrates awarding more than $150,000 for upgrades to the Shelton Lakes Recreation Path, it is also looking at what revisions should be made to the city's Open Space Plan.

"If anyone has any input, we would like them to give it now," commission Chairman Tom Harbinson said.
** The Mayor was given the plan about a month ago. His initial comment to me was that there should be every effort made to involve the public and obtain their input toward the plan. Having knowledge over what the future may hold for property nearby a resident's home is an important aspect over their personal decisions and expectations, just as the plan helps the public decisions and direction taken by the officials and administrators of land use agencies.**

The commission has been working to update the plan for some time, Harbinson said, and it will soon go to the Planning and Zoning Commission, which will hold a public hearing.
** The Conservation Commission has been working on a draft update for over a year. The past plan was prepared before modern mapping tools were available that can give more detailed information for analysis. The core principals of the current Open Space Plan remain, that is it recognizes greenway corridors for focused Open Space acquisition. This was an early presentation of a concept that helped the plan win award and recognition, and became a concept also adopted by the State of Ct in it's land preservation/conservation efforts.**

It has been 15 years since the plan has been updated, so the commission wants to know what residents' priorities on preservation are, Harbinson said.
** The plan as I say will not stray from it's core principal and concept which has served the community well. As the available raw land that has an unsecured future dwindles in quantity, the decisions and choices made will become more difficult and costs are likely to rise for preservation/conservation efforts of those lands. Thus it is important to obtain the public's priorties via valued characteristics while in a setting where there is no pressure for a specific parcel. Decisions can be clouded by passion and "not in my back yard" swaying when in the midst of a development application. The current economic climate has caused a lack of new applications and presents opportunity to decide on issues such as this without the overlay of proceedures and subdivisions operating in the background.**

The Board of Aldermen also has been instrumental in making funds available for large open space purchases, he said.
** While the BOA membership has changed somewhat over the past 10+yrs, the current and consistent Mayoral administration has been a supporter of Open Space preservation. While I don't always agree with how we get to the end result, and every issue can not go in a conservation favor, Shelton has been the envy of many in the State and received substantial recognition for it's accomplishments with awards, and recognition that it is taking the appropriate direction with grants for both acquisitions and improvements upon them to benefit public enjoyment of passive recreation.**

The commission will give the plan to the Planning and Zoning Commission in time for its Oct. 14 meeting, Harbinson said, but he wants residents to have time to review the plan and give input.
More information on the plan is available at http://sheltonopenspace.googlepages.com/ or by contacting Conservation Agent Theresa Gallagher at 924-1555, ext 315.
** The Draft Open Space Plan text and maps have been available at the above mentioned webpages for several months. The Planning & Zoning Administrator and the Inland Wetlands Enforcement Administrator have been given the plan to review. They both have regular involvement with land-use issues and a long history of service in the City, so their knowledge and subsequent input to the draft is important. The Planning & Zoning Commission is the body that will review and subsequently adopt any planning document, with the Open Space Plan will be as a supplement to the Plan of Conservation & Development (sometimes known as the "Master Plan"). It is hoped that by October's meeting of the PZC, they will schedule the public hearings which are required as part of the approval process. This is in addition to the outreach efforts we on the Conservation Commission are making via venues such as this news article and subsequent blog entries. **

Meanwhile, the Board of Aldermen put the last touch on the $150,000 the commission needed to complete work on the Recreation Path to make it handicapped accessible. The board approved an additional $6,000 for a surety bond that the state requires for any project the city does over $100,000, Harbinson said. It already has approved $90,000 for the work, in addition to the use of the $60,000 Huntington Woods Trust Account money.
** A state law requires a surety bond, a requirement that the City can not waive. In this case on this project, it would seem a wasteful requirement given the single contractor with no subs and limited amount of materials purchased from a vendor.**

It's a rare example of the city using its funds for work on the trail, Trails Committee Chairman Bill Dyer said. "All of the trails have been created by volunteers," he said, "and we have gotten all of the money through grants. "We have a lot of talented people who have volunteered to help," he said, but they are always looking for others willing to donate their time and talent to the path. Anyone interested in getting involved can contact Gallagher
** Even the 3 timber bridges (visible at Huntington Center, on ConstBlvd near the SIS, and at Pine Lake near Rte108) came from a grant. Until this point, all the trails and improvements upon them have been made with zero to minimal municipal funds. Obviously the opportunity to create these amenities came from the City and the public affirming through acquisition that the land should be preserved as City Open Space.**

CFPA award - CtPost article

The Connecticut Post had an article regarding the Conservation Commission's award from the CFPA. I think it important to document recognition, and since the CtPost does not retain it's articles on the website for very long, I cut/paste for posterity.

http://www.connpost.com/localnews/ci_10456879

Shelton lauded for conservation efforts
By KATE RAMUNNI Staff writer
SHELTON -- The state's oldest private conservation association recently singled out the city's Conservation Commission and its Trails Committee for their efforts to preserve open space here.

"We were really surprised" to receive the Connecticut Forrest and Parks Association's Award of Merit, said commission Chairman Tom Harbinson. The organizations received the award recently during the CFPA's annual meeting at the Kellogg Environmental Center in Derby.

For more than a century, CFPA has worked to preserve state properties and has been instrumental in the preservation of areas such as Sleeping Giant State Park in Hamden, Sherwood Island in Westport and Gillette Castle in East Haddam.

Each year it singles out an organization to recognize for its own preservation efforts, and this year that honor went to the two organizations for the formation of the Shelton Lakes Recreation Path.

"For their vision and perseverance in developing a townwide trail system for passive recreation -- the Shelton Lakes Greenway, 450-plus acres of contiguous open space and 10 miles of hiking trails -- is a direct result of their foresight, planning and collaboration with the Shelton Land Trust, the city of Shelton, Aquarion and the state Department of Environmental Protection, plus innumerable hours of volunteer work over a decade," the accolade states.

"I want to commend the volunteers of the Trail Committee, who have contributed a tremendous number of hours to this," Harbinson said.

The Board of Aldermen also deserved kudos for the millions of dollars it has spent and put before voters to bond for open space purchases, he said.

It's been a group effort, Trails Committee co-chairman Bill Dyer said. For instance, a recent appearance before the Inland Wetlands Commission looking for permission to do work on the Recreation Path at Lane Street resulted in Wetlands Commissioner Randy Szkola's offer to help with his construction equipment and manpower, Dyer said.

"They did a great job," he said.

Most people don't realize that the Recreation Path has been constructed wholly with grant money and volunteer labor, Harbinson said. They are always looking for people willing to contribute their time and talent -- and equipment, in the case of contractors -- to help with the most recent efforts that will make the entire path handicapped accessible.

Ct Forest and Parks Assocation Award to Shelton

On Sep6, the Connecticut Forest and Parks Association presented an Award of Merit to the Shelton Conservation Commission and the Trails Committee in recognition of the work they have done over the years.

Specifically for “their vision and perseverance in developing a town-wide trail system for passive recreation. The Shelton Lakes Greenway – 450-plus acres of contiguous open space and ten miles of hiking trails – is a direct result of their foresight, planning, and collaboration with the Shelton Land Trust, the City of Shelton, Aquarion, and DEP, and innumerable hours of volunteer work over more than a decade. As part of this project they have created an open space corridor to link CFPA’s Blue-Blazed Paugussett Trail to the Shelton Lakes Greenway, and continue their invaluable effort to restore and extend the Paugussett Trail from Indian Well to the Stratford town line.”

CFPA maintains the 800-mile blue-blazed trail system in CT and is the oldest conservation organization in the state (http://www.ctwoodlands.org/).

The Paugussett Trail is a blue-blazed (sometimes referred to as blue-dot) trail in Shelton. At one time it connected from Monroe to Stratford, but development fragmented it to the current state of Monroe (the trail runs thru Web Mountain) connecting thru the "poets" section of town to the Indian Well State Park. You can check out it's local routing via the www.sheltontrails.org website.

The City's accumulation of land in a corridor format of the Shelton Lakes Greenway area (by following our Open Space Plan document) has allowed the creation of a trails network that can be utilized by the Paugussett trail to reconnect from Indian Well State Park toward Stratford's Roosevelt Forest.

The CFPA gave a single Award of Merit this year, and speaking as the Chairman of the Conservation Commission, I thank them for the recognition, however it has been a team effort to reach the accomplishments achieved. The Board of Alderman, Planning & Zoning Commission, and Inland Wetlands Commission have been supportive of our goals and I thank them for that.

The Board of Alderman were made award of this award during their Sep11 mtg and gave a standing ovation in recognition to the Conservation Commission and especially the Trails Volunteers for all their hard work. Above is a scanned image of the recognition.

Dog Park

The Shelton Weekly had an Aug11 article, the Huntington Herald had an Aug27 article and the Connecticut Post had a Jul22 article on the subject of a "dog park" in Shelton. The latter two articles are not available online for referencing (sadly, but that is another subject). Here are my thoughts on the matter.

First, it should be mentioned that all City of Shelton Open Space is open to dogs. This includes open fields and meadows (except those that are leased to farmers for agricultural crops), over 15miles of hiking trails, public spaces such as sports fields, and the riverwalk and veterans memorial park (slab) downtown. You can be a resident, visitor or employee in Shelton and access any of these locations freely for your enjoyment as there is no fee or license required (sports fields "use" may at times be managed and thus restricted). In addition to any state laws, there are some basic local requirements for your animals.

• They must have a Dog License from the City. You can find out more regarding this via the Town Clerk's page of the City of Shelton website.
• Ordinance #799 from 2006/Aug/10, aka "Open Space Ordinance", item 16 states dogs must be leashed at all times while within the City Open Space areas.
• Ordinance #716 from 1997/Oct/9, aka "Pooper Scooper Ordinance", renders responsibility for removal of animals defications or face fine for violations.

Note: This free and open access is contrast to neighboring towns. Derby had a 6month dog ban on their Riverwalk, and Trumbull requires a license/permit for access and prohibits non-residents.

Second, awareness should be given as to the time-line on the current subject.

• Over the years of reviewing development applications, the Conservation Commission has heard residents request consideration for open space to walk their dogs. Notably on 2005/Aug/3, 2006/Dec/6. The concept of a "bark park" was discussed during preparation of the Open Space Plan, but only to the extent that such a possible use may be considered on City Open Space along with other uses such as farming, passive recreation activities, community gardens, etc. This was discussed over a year ago informally, and is noted in the draft of the City of Shelton Open Space Plan.
• On 2008/Jul/16, the Mayor met with two children (Adam and Alexis) who asked the Mayor to consider helping them gain permission to create a dog park in town (their dog's name is Bryce). They had already spoken to the "Dog Warden" (their reference, but Sheryl Taylor is actually the City of Shelton's Animal Control Officer) who thought it was a great idea. Specifically they referenced the Riverwalk area in downtown as desirable, but gave no reasoning for that.

On 2008/Jul/17, John Papa as Chairman of the Parks & Recreation Commission, and myself as Chairman of the Conservation Commission, received a memo from the Mayor's secretary asking that we "put together a committee to look into the feasibility of this request for a dog park in Shelton."

The subject has not been dismissed, but charter revision, little league championships, RecPath project logistics and simply our lives of vocation have been more pressing and delayed us giving our attention to the matter. Contrary to press reports, nothing has transpired since that date other than a brief and informal conversation between myself and John with the outcome that John would request that the Park & Rec staff research what other communities have offered (as example: Trumbull, Ridgefield, Norwich and Hamden have such off-leash and fenced boundary facilities).

There have been letters to the editor accounts from Alderman Jack Finn stating that the recently purchased property on Soundview Avenue would be a suitable location as it is "centrally located". Given that the parcel is currently and was purchased in part to continue it's use as agricultural property (corn, apples, grazing) that recomendation would require stronger evaluation. The Huntington Herald had a news article quoting John Papa as saying he didn't think downtown was suitable, and quoting Alderman John Anglace questioning the public demand for such an amenity.

Before any knee-jerk reactions cause poorly thought out decisions, there should be some evaluation of:

• public need - are they aware that all open space is available to them, is that satisfactory
• requirements - what size or kind of space, is water, fencing or other facilities needed
• operations impact - what is the cost
• location impact - would dogs congregating to bark be in harmony with quiet enjoyment of a residential area, does a location intended to serve public need geographic consideration.

This is what the Mayor is requesting: a feasability study - no more, no less. The three public officials quoted so far must run for political office, so commenting and trying to remain appealing to the public is attractive and tempting, even seductive and addictive. However, commenting before researching is unproductive.

Recreation Path - BOA appropriate funds

At the Thursday August 14th Regular Meeting of the Board of Aldermen, the final fiscal component was approved for the Phase 1 construction project to move forward. Contract preparation and execution is last hurdle before site work begins. The BOA appproval can be found on page 18 of their ThuAug14 BOA minutes.

Recreation Path - PZC released Trust Account funds

At the TueAug5 mtg of the Planninc & Zoning Commission, after a presentation from myself and co-chair Bill Dyer, and review by City Counsel of the trust fund documents, they voted to release the Huntington Woods Trust Fund (apx. $60k + $9k interest accrued). The balance of the LOCIP project should now come from allocation via the Board of Alderman. The Board of Alderman's next regular meeting is ThuAug14.

Today's CtPost had an update on our progress. I cut/paste here only for a record of the press documenting our activity, as the link's to the paper are not retained over time.
http://www.connpost.com/valley/ci_10133473

KATE RAMUNNI
Article Last Updated: 08/07/2008 11:32:57 PM EDT

SHELTON — Conservation officials are one step closer to their goal of upgrading the popular Shelton Lakes Recreation Path, buoyed by this week's Planning and Zoning Commission decision that directs money from the Huntington Woods Trust Fund to go toward the project.
The P&Z unanimously agreed to let the Conservation Commission tap into the almost $70,000 fund to make improvements to the path that connects downtown to Huntington Center. The upgrades will make the path easier to use, especially for those on bicycles and in wheelchairs, and mothers with baby strollers.
But the approval comes with an important caveat, Zoning Administrator Rick Schultz said.
"Now they have to show proof they can get the additional funding," he said, referring to the remaining portion of the $150,000 project price tag.
To that end, Conservation Commission members will meet today with Mayor Mark A. Lauretti to discuss the possibility of using Local Capital Improvement Program (LoCIP) funds for the work, the panel's chairman, Tom Harbinson, said.
"I meet with the mayor regarding the balance on Friday morning to work out the LoCIP logistics," Harbinson said.
Members of the Conservation Commission and its Trails Committee have worked for years to make the recreation path a reality. The 4.3-mile trail stretches from the Shelton High School and Shelton Intermediate School campus to Huntington Center. The area of the path by the schools is made of gravel and asphalt, while other sectionsare less developed.
The first phase of the project, which will cost about $153,000, will put a new surface on the path from Pine Lake to the intersection of Constitution Boulevard and Shelton Avenue.
Harbinson said he had approached Lauretti about getting the LoCIP funds and Lauretti suggested trying to get permission from the Planning and Zoning Commission to use the trust fund money for part of the project.
Developer Monty Blakeman established the fund about eight years ago when he built the Huntington Woods subdivision. The money was earmarked for improvements "in and around" Huntington Woods, but Corporation Counsel Tom Welch determined that the wording of the fund's description allowed for a use such as the recreation path.

Recreation Path - community effort

An article in the CtPost of Aug4 illustrates the volunteer efforts and community enthusiasm for the RecPath. It is of particular note, and in advance of the PZC decision on Aug5 to release funds toward the cause, that the area in the vicinity of HuntWoods shows significant involvement.

Sometimes the CtPost links go stale, so I offer the text for future reference:
http://www.connpost.com/localnews/ci_10088628

KATE RAMUNNI
SHELTON — An initiative by the Conservation Commission's Trails Committee to extend the city's Recreation Path through Lane Street is becoming a true community effort.
Committee members Terry Gallagher and Bill Dyer were surprised recently when their appearance before the Inland Wetlands Commission resulted in an offer from one commission member to help with the project.

Organizations such as the Girl Scouts have already put sweat equity into the project by cleaning up the targeted area.

Dyer told the wetlands commission that their goal is to make the 8-foot-wide gravel path accessible to both the handicapped and bicyclists. There are wetlands, including the Mean Brook, in that area, which is why the Trails Committee members appeared before the commission.

Two years ago, the Trails Committee and the Shelton Land Trust constructed a boardwalk there, Gallagher said, and the goal now is to extend that by about 8 feet. His daughter's Girl Scout troop spent time there pulling garbage out of the brook, Gallagher said.

Landscape architect James Swift also donated his time and talent to the project, Dyer said, as did surveyor Tracy Lewis.

The land where the trail will be extended is owned by the city and the land trust, he said.
Lane Street is one of the city's designated scenic roads and is lined with sugar maples, Gallagher said, and the work will take that into account and cause as little disruption as possible.
Wetlands commissioner Randy Szkola, who is a contractor, said he would be willing to lend his equipment and time to the project to help move boulders that need to be repositioned near the path.

"That was nice. We went there with our plans and came out with an offer of help," Conservation Commission Chairman Tom Harbinson said.

The Recreation Path has grown over the years and now spans from downtown to Huntington Center. The work is part of a larger project to widen the trail and make it more accessible.
"We want to make it accessible to bicycles and baby carriages," Dyer said.

Dyer and Harbinson recently went before the Planning and Zoning Commission to request using the Huntington Woods Trust Fund to pay for a portion of the $150,000 cost of the first phase. Developer Monty Blakeman established the $60,000 fund eight years ago when he built the Huntington Woods subdivision to be used for improvements in and around that area.

No decision has been made yet as to whether the funds will be allocated for the project.

Recreation Path - Phase 1 construction funding

There has been an article in the CtPost regarding the Conservation Commission's request to the Planning & Zoning Commission for release of moneys from a trust account they are custodians for and was funded during the subdivision process of property known as Huntington Woods. Kate Ramunni has done a good job of presenting the story. As is my custom, I cut/paste the article with additional information to help the public understand the subject more than can be explained within the confines of the newspaper.

First: the original CtPost's story's URL will become stale after a certain period of time, and then be available only via a pay/article type service.
http://www.connpost.com/localnews/ci_9915924

The CtPost article is below, with my additional comments bounded by ++ marks:

KATE RAMUNNI
Article Last Updated: 07/17/2008 10:38:12 PM EDT

SHELTON — A trust fund set up years ago by a developer may be used for a major project that will help improve and expand the city's Recreation Path.

In 2000, developer Monty Blakeman put $60,000 into the trust fund when his Huntington Woods 72-lot subdivision won Planning and Zoning Commission approval.

++ The trust account was required as part of the subdivision approval given by the Planning and Zoning Commission, and was funded via the subdivision applicant "Huntington Woods LLC", which is owned by Monty Blakeman. Commonly, developers form a legal entity (usually an Limited Liability Corporation) for each development. Mr Blakeman has performed with great success as both a developer (creator of subdivisions) and a builder (constructs residential and commercial structures) via various entities.++

The money was to be used to fund "other on-site and off-site improvements," according to Zoning Administrator Rick Schultz.

++ The subdivision regulations require that 10% of the raw land parcel's acreage be set aside as Public Open Space. In this development application's approval by the PZC, in addition to that land set-aside, and recognizing that there may be improvements needed once the development became built (it was done in 2 phases), the PZC required that $60k be set in trust for such improvements. Though not stated clearly in the minutes, it was generally understood that this would be for use in constructing the Recreation Path which would traverse the Open Space dedication as the general discussions on the subject during the approval process started with the developer constructing the RecPath with his equipment while preparing the site, then diminished to offering use of his equipment to do the construction, and finally dwindled to the money being set into trust for future improvements.++

Since then, the money has sat in the fund unused. But now the Conservation Commission is asking the P&Z for permission to use the money to partially fund a $150,000 project that would make the path accessible to the handicapped and to bicycle riders.

"We have been trying for many years to create a recreation path from Huntington Center to downtown Shelton, and we have made pretty good progress," said Conservation Commission Vice Chairman Bill Dyer, who also chairs the Trails Committee.

++ The RecPath is currently routed to run from Pine Lake near downtown, to Huntington Center. The highest intensity of use is expected near the school campus, police station, and senior center as it wraps around former public water reservoirs (now owned by the City, and no longer used for water supply). We concentrated on those areas, constructing timber bridges, preparing connections to trails for the SHS Cross Country Team, etc. Additionally, work has taken place on the Huntington end of the path with work by the Shelton Land Trust (a non-govt not for profit) which has facilitated the path through it's meadow off of Lane Street. There has been lots of progress.++

The work they want to do now would make the path between 8- and 12-feet wide and cover it with gravel that would allow for easier access for those on bicycles and in wheelchairs, he said.
The commission already has gone out to bid for the work, which came in at the $150,000 figure and would be done in three phases, Dyer said.

++ The RecPath is more than a hiking trail, it is designed to be a multi-use (walking, biking, etc) pathway. The design was completed for Phase 1 (Pine Lake, across Meadow Street, thru the School Campus, across ConstBlvd, on top of the dam, to the corner by Rte108 and ConstBlvd.), permitting was obtained from the Inland Wetlands Commission, co-ordination occurred via the Mayor's office, the Request for Quotations went out via the Purchasing Dept., bids were reviewed by the Conservation Commission and recomendation made to the Mayor's office. We are not yet on Phase 2 (Knell's Rock/Rte108 to Huntington Woods) but some work has taken place in the Phase 3 area (Huntington Woods to Huntington Center) in the area of Lane Street and privately by the Shelton Land Conservation Trust on their land off Lane Street where they have allowed the RecPath to traverse.++

Officials are looking into using Local Capital Improvement Program funds or other grant sources for the remaining $90,000, he said. When Dyer and chairman Thomas Harbinson met with Mayor Mark A. Lauretti about the project, it was Lauretti who suggested using the Huntington Woods Trust Fund to pay for part of the project, Dyer said. "He challenged us to come before you and ask for the money," he told the Planning and Zoning Commission this week. "We also will be looking for money from multiple pots."

++ LOCIP is a reimbursement program from the State of Ct. The project has to qualify for reimbursement (I confirmed that the RecPath does qualify via the Community Development Director who administrates the LOCIP program) and be within the limits of available funds (Shelton is allocated a threshold for LOCIP projects, and unused portions can be rolled over into a subsequent year - this is within the annual limits). The City should have a Capital Improvement Plan where it projects what projects and how much they cost will need to be undertaken, and where the money will come from. It does not seem to be a formally documented process, and thus the look for multiple funding sources++

The work won't be done near the Huntington Woods subdivision in the area of Bridgeport Avenue and Old Stratford Road, which led zoning commission Chairman Tony Pagoda to question whether the money could be used for that purpose. "I was under the impression that the money had to be used around Huntington Woods for the benefit of the people living there," he said. "Don't get me wrong — I think this is great, but I just want to make sure that the funds are used as they were intended to be used." There's been much volunteer time and effort invested in that area by the Conservation Commission and the Trails Committee, both Dyer and Harbinson said. "We have done a lot of work around there," Dyer said.

++ The timber bridge at Huntington Center, the preparation of the Lane Street as a RecPath location near the Scenic Lane Estates subdivision, the work co-ordinated with the Shelton Land Conservation Trust for a boardwalk construction across a stream near Lane Street, the work by the Land Trust via a grant from the Iroquois Gas company for the work on the Hawley Meadow parcel, Eagle Scout projects by Spencer Tate for timber bridge projects near Huntington Woods: ALL work in/near Huntington Woods.++

"Overall, this project benefits the residents of Huntington Woods and the entire community," Harbinson said.

++ Shelton is a community as a whole. I have at times encountered people who want to distinguish themselves as living in Huntington or White Hills, and that's fine for people looking to portray a certain cache, but to think that their is some greater ownership or entitlement to a trail or open space is a misunderstanding. There is certainly greater benefit and value to having a trail network within walking distance of your residence, but the project benefits the entire community and is offered to the entire community with full inclusion.++

Zoning Commissioner Patrick Lapera, who also is an attorney, said that the commission needs to be especially careful since the money was put into a trust. There must be a clear designation in the document that will allow it to be used for the recreation path, he said, adding that he would support it only if there is a guarantee that the rest of the project will be funded. "I would not be in favor of giving out this money unless you have in hand the other money," he said.

++ It will be up to the P&Z Administrator to research the trust document and consult with the City's Atty over available course of action. Unless we have complete funding, there is no Phase1 construction. The Conservation Commission has been carrying the baton on this leg of approvals and logistics planning, but ultimately the Board of Alderman as the governmental body in control of financial matters will have to make the decision in awarding and funding this capital project++