HuntHrld on selling 279 Soundview Open Space

The Huntington Herald had an article recently posted online from last weeks paper edition.

You can read my previous blog entries on this sale of property subject here, here, and here, or simply search this blog with the query item of "279" as I will always reference the address and that is unique enough to stand out amongst all the data.

I encourage readers to go to the HuntHrld article as they are the content creator of the article and have methods for readers to comment on their articles within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.
http://www.acorn-online.com/joomla15/index.php?option=com_content&view=article&id=28028:proposed-city-land-sales-touch-off-debate-and-disagreement&catid=170:local-news&Itemid=1594


Proposed city land sales touch off debate and disagreement
Written by Fred Musante
Monday, May 18, 2009

Weighing the pros and cons of selling a piece of open space property the city recently purchased, members of the Conservation Commission decided yes and no. Unfortunately, their 3-3 tie vote last week had the effect of canceling out the commission’s influence rather than extending it in multiple directions.
+++ This is the first time in my 10yr history of serving on the CC that we have had a split vote +++

But lopping a lot off the 13.7-acre tract of field and woods known as 279 Soundview Avenue, the address of the house and garage that would go with the lot, is only one of five potential property sales city officials are pondering.
+++ The City Ordinance requires the BOA to request the CC and the Park&Rec Commission to give commentary input for their decision as to disposal of City real property (land). CC looks at the environmental values, P&R looks at the recreational value/potential. +++

As with the Soundview Avenue tract, some city officials also disagree about selling two of the other properties — a house and land at 58 Perry Hill Road next to Perry Hill School, presently under renovation, and a quaint old brick structure at 470 Howe Ave. that longtime Shelton residents remember was once the city’s police station.
+++ While there is disagreement regarding selling the Howe Ave property among OTHER agencies in City of Shelton that seek to utilize it, there is no environmental value to the downtown urban property which is mostly structure. The property on Perry Hill Road does have some conservation value and rather than regurgitate our thoughts, you can review our CC minutes from May6 and scroll down to p.14 +++

The other two proposed sales are less controversial. They involve road abandonments — part of Access Road near the corner of Nells Rock Road, and a paper street portion of Middle Avenue that was never constructed — and the transfer or sale to the abutting property owners.

The Soundview Avenue sale had drawn the most heat, more because of the lack of information than for what is known about it.

Open space advocates were disappointed in 2006 when the DaSilva brothers bought the tract of farmland and woods that had long been listed on the city’s Open Space Plan as property Shelton should acquire for recreation and land preservation.

But soon after the DaSilvas bought the property for $1.4 million, they sold it to the city for $2.1 million and a $200,000 tax write-off, roughly a 50% profit at taxpayers’ expense after a few months of ownership.
+++ Rather than repeat my comments on activities regarding the City's purchase of the parcel, please read this blog post from 2008/Mar/4 on the subject. +++

The city made its third $700,000 payment in January and became the legal owner. But in February, Mayor Mark Lauretti asked the Planning & Zoning Commission to give its opinion, known as an 8-24 review, whether part of the property should be sold by the city.
+++ The Mayor can ask for an opinion from any department at any time, however an 8-24 referral references Ct Gen Statutes Sec 8-24 regarding either a planning commission requesting a fiscal authority review of a plan or document (such at the P&Z asking BOA to review the City's Master Plan of Conservation & Development). It can also be used by a fiscal authority asking the planning commission to reveiw a land-use issue (such as the City selling a parcel of land - as should be the case for this subject). The BOA did not (and as of this writing has not yet) requested an 8-24 referral as a body. Likely, since the opinion would be the same, the BOA will accept the opinion already issued at the request of the Mayor. +++

Lauretti refuses to say if he has a buyer in mind, which has only increased speculation that the DaSilvas are buying it back in yet another sweetheart deal. “Buy high, sell low,” said one Conservation Commission member.
+++ Regardless of who the buyer may become, the City has a process whereby it has to offer the property to the highest qualified bidder. The end result may or may not be what the reporter assumes. The property was purchased by the City during a high point in the real-estate market, and currently we are experiencing a low valued real-estate market due to the devastating economic conditions. The comment of buy-high, sell-low applies to the current market condition not any specific seller/buyer. +++

The P&Z voted 4-2 in February to recommend favorably, but the vote was along party lines, with Democrats Leon Sylvester and Chris Jones opposing it. Jones, who has since announced he is running for mayor, observed that the FBI is conducting a corruption investigation in Shelton and said the city shouldn’t sell any property until the investigation is concluded.
+++ The PZC vote was in response to the Mayor's request, not the BOA. The fact that there is an investigation of a private developer in town should not halt City business conducted in an open and transparent manner. +++

None of the Conservation Commission members favored the sale, but three of them were willing to vote for it if the city attached easements preserving old stone walls and agricultural rights. The other three commission members opposed it in principle.

“I reluctantly say sell it,” said Ed McCreery, suggesting the money could be used to buy more open space.

But Chairman Tom Harbinson said the money would more likely be used to pay off debt, not to increase open space. He was opposed to selling any open space once the city owned it. “I have a problem with buying a piece of property and three years later selling it,” he said.
+++ To the Mayor and BOA's credit, they have supported significant Open Space acquisitions over the years, some of which required borrowing. One adjacent purchase was accomplished via eminent domain proceedings, to which the court recently adjusted the valuation, causing the City to provide additional moneys. There is no guarantee that funds from sale of 279 Soundview will go toward purchasing other lands. It is a high likelihood that they will instead pay off the debt incurred on previous Open Space purchases. +++

After the vote failed, some of the commissioners worried that all it meant was that their opinions would not be considered, so Harbinson said he would draft a letter to the aldermen saying they felt the matter important enough to reconsider it next month.
+++ I additionally called the President of the BOA and spoke to him personally about our dilliberation on the subject and requirement to have more time to review the proposal +++

The Conservation Commission voted against selling the property at 58 Perry Hill Road. The members unanimously felt the parcel allows the city to add another entrance to the Perry Hill School parking lot, and some day the city would regret selling it.

As for 470 Howe Ave., the Conservation Commission tabled it after noting the Fire Department would like to take it over as a training and equipment storage facility.
+++ That is incorrect. Please read our minutes on p.14 +++

The Conservation Commission voted to recommend the Access Road and Middle Avenue sales.