Open Space Purchases - integrity

The Shelton edition of the Patch online news organization, carried a Letter to the Editor dated 2011/Dec/15 which I feel needs a response as Chairman of the Conservation Commission.  Here is the link to the online letter from Ms Wilson.


If a news agency refers to this response, I request you include a link to it can be seen in its full context.  Below follows a cut/paste of the Letter to the Editor's text, with my commentary on 2011/Dec/22 as Chairman of the Conservation Commission inserted.  My only commentary is in this forum, so that retention of virtual content can be ensured.  I will not fully comment in facebook, twitter or webpage forums, but may provide reference to this response.

EDITOR:
On October 13, 2011, I attended the full Board of Alderman meeting to ask publicly to the mayor and board members for a second request on a fencing issue.  I am frustrated, but not surprised, by the response time. After all we have been in and out of meetings with Mayor Lauretti for a year and a half. What upsets us the most are the misleading words used by the city in their contracts which release the city from any contractual obligations.  As to not bore the taxpayers of Shelton, we say one thing to the residents, except for keeping your taxes low, dealing with Mayor Lauretti and board members has been very ill-mannered.  Mayor Lauretti and Board of Alderman, when you do not pay attention to the little issues you will start to fall into deception with the bigger issues.

*** What Ms. Wilson is referring to is property on Long Hill Avenue in the south end of Shelton which the City purchased many years ago.  There were two separate parcels of land owned by two brothers, the Klapiks, thus the property is casually referred to internally as "Klapik Open Space" but it is technically Open Space properties 105.02 (19.2 acres) and 105.03 (22.8 acres).  Each parcel had a building lot carved out of it that fronted Long Hill Avenue.  The purchase agreement defines the aspects of defining the property line between the public property (Open Space) and the private parcel (residential lot with building).  The language of the purchase agreement was agreed to by the attorneys for both the buyer (City of Shelton) and the seller (both of the brothers).  Since that time of a closing on the purchase: one existing house has been demolished and a new one rebuilt in its place, a barn structure on the City property that was blight and falling down was demolished and removed, and trees have been planted along the perimeter of the public/private boundary line to give visual delineation and a sense of privacy.  The original brothers who negotiated the sale of their property are no longer the owners of these referenced remaining private parcels, it is the subsequent generation or other family members.  I am unsure if they were party to and knowledgeable about all considerations that went into the decisions by the two brothers regarding their agreement to sell their fields as Open Space to the City of Shelton, but the purchase contract states specifically that if the open space is used "actively", the City would put in fencing.  The character of the open space has remained unchanged from the Klapik brother's use since purchase: a meadow mowed once during the growing season.  I am not a legal reference, so I do not know the definition of "actively" using the property, but it has not been turned into sport fields or hiking trails, and continues as a simple meadow of open space land.  Different in both time and selling party from that process was another acquisition of Open Space (casually referred to as the "Carroll Property") that abutted both the above purchase and Long Hill School property.  The seller was a family relation to the Klapiks and this parcel is technically referred to as 105.01 (16.4 acres).  There was no reference to any fencing aspects in that separate purchase contract.  There were even more purchases from other property owners that further expanded a connected greenway corridor of adjacent Open Space parcels (Behuniak parcel, Tall Farm, Development dedications on Old Coram Rd), but these three parcels that Ms Wilson references combined to a total of 58.4 acres.  You can find a complete listing of our City Open Space via this link. ***

I received a letter from the Shelton Historical Society which states "A community that forgets its past loses its soul".  "They want to preserve the city’s history in order to create lasting and meaningful connections between the community’s past, present, and future generations. Please support us.”  Well Mayor Lauretti and Board of Aldermen, except for a few, you have lost your souls to greed in your wants to the city, not acting like a community.  You should all bond with that saying, like you have bonded over the last 20 years for being the “master minds” of the open space buying era. Using your wily ways you used to get the 58 acres you received from our family over these years. Final say contracts rule. We are not fans of lack of the integrity, dodging or manipulating that we have witnessed over the years.

*** Since the Conservation Commission is part of the process by which the City acquires Open Space, I feel I must respond vigorously to these particular comments due to inaccuracies.  1) The City did not use "wily ways" for property acquisitions.  There was an open dialogue between the brothers for many years that the City was interested in their property being preserved from development.  This eventually reached some formal discussions, they were represented by counsel, an agreement was arrived at and executed.  If a subsequent generation family member has issue with that agreement - that is unfortunate.  2) The City has not "bonded over the last 20yrs" for all the acquisitions.  Some acquisitions are for back taxes unpaid and have no outlay of funds.  Some came as dedications from zoning regulations during subdivision of land for development.  Some came from purchase with Open Space Trust Account funds (the OSTA funds grow partly via fees paid by developers in lieu of land dedications for certain subdivision where City retaining ownership of a land parcel is not desired.  This is determined by PZC in their approval process).  Some funds come from the grants awarded to the City from various entities, over 13 grants totaling $1.6 million since 2000 alone.  And finally: yes, some funds come from bonding, which action is required to be approved by the voters in a referendum.  This was 1997 for $6.6million with 89.5% approval, 2003 $2 million 72.3% approval, 2004 $3 million 78.3% approval, and 2006 $4.3 million 75.2% approval.  Note however that my understanding is that all such bonding has been paid back due to the borrowing being short term notes.  3) The Mayor and Board of Alderman have not been the "masterminds" of such Open Space buying.  The City has a master plan called the "Plan of Conservation and Development" which was prepared by the Plan Update Advisory Committee, recommended by the Planning & Zoning Commission for endorsement by the Board of Alderman, and subsequently adopted in 2006 by PZC as the City's POCD.  This is required to be done every 10yrs.  This POCD refers to supporting documents, one being the "Open Space Plan", which was updated in 2009 from the existing plan that had been in place since 1993, and again endorsed/adopted by both the Board of Alderman and Planning & Zoning Commission.  Every step along the way of these document preparations is public meetings, hearings, and votes.  You can learn more directly about the Open Space Plan details via this link to the Conservation Commission's website. ***

Hearsay is that my elderly mother should get down on her knees and apologize to the political leaders of Shelton.  These leaders feel my family does not deserve fencing. What has she ever done for us? She has had integrity, honor, and believes the truth always prevails.

*** The City residents are grateful to the Klapik family for having cared for the fields and kept the land undeveloped for so many years.  The City purchasing the property as Open Space helped ensure that would continue.  The City has continued to simply mow the fields during the growing season and maintain the property in it's meadow character.  The agreements entered into were reviewed by attorneys for both sides, and accepted.  If a subsequent generation of family member, or any subsequent property owner is not satisfied with the agreement and the terms, that is unfortunate.  There is a difference between a "right" spelled in an agreement or otherwise by law, and something one feels they "deserve".  The City leadership, officers and representatives have a responsibility to administer affairs fairly that follow rules, regulations or agreements, not simply what someone "feels" they should have granted. ***

Let our story warn anyone who has land the city is interested in purchasing. Please do your research.  When you attend the open meetings you see the frustration on issues brought up by taxpayers but the city’s response time is stagnant.  I am sure we are not the only ones wronged.  However, we speak openly so their misleading words will not continue to wrong others. You can not fight city hall but public awareness to the taxpayers of Shelton of how the Mayor and Board operate we bequeath to you.

*** The City has made many acquisitions of Open Space over many years.  Some of those have been accomplished with willing partners (purchase), and some have not (back taxes foreclosure, eminent domain acquisition).  Some willing partners look upon their actions with regret (I should have received more compensation), and some look upon their actions gratefully (I'm glad I sold it a couple of years ago rather in the current depressed market).  In this case, it appears that these aren't so much second thoughts, but rather misunderstandings by a later generation or associated family member(s) as to what was agreed upon in years past by those that actually transacted their sale of their property. ***

December 15, 2011 and still waiting for a response.

-Joyce Wilson

***  The Conservation Commission is a purely advisory body in the City of Shelton.  We provide commentary to the Board of Alderman or Planning & Zoning Commission on aspects such as property acquisition, maintenance or use; as well as subdivision applications and their impact on the environment.  I currently serve as Chairman, and have been on the Commission since 1998. ***

Farmers Market in Shelton

The Conservation Commission is a strong supporter of agricultural activity in our community.  One of our goals is to enhance both the viability of farms and the preservation of farmland.

Numerous acquisitions of Open Space land complement existing farmlands as buffers from development or as watershed protection, and several working farms have been preserved forever toward agricultural purposes through the purchase of development rights funded both by local City resources and partnerships with regional organizations, both public and private.

Although Open Space preservation is quite an obvious activity and gets much press attention due to it's initial costs, grant applications, and voter referendums; less obvious is our Commission's promotion of agricultural activity.

The Shelton Open Space Plan was revised in 2009.  One of it's top goals is "Preserve Agricultural Resources".  Within that goal (p.50) it is noted that "Although farmers themselves must initiate most of these activities, City officials can be alert to the needs of entrepreneurs and facilitate planning where appropriate" and the first one on the list of activities is "Continue the Farmer's Market".

The Plan is a document that we consistently refer to.  For example, one item calls us to "Pursue the possibility of Community Gardens".  A community garden was started in 2010 on the Klapik Open Space property in the Long Hill section of town.  Despite neighborhood concerns, it proved a success and for the 2011 growing season a 2nd location was tilled on City property at 279 Soundview Avenue near the Wiacek Open Space property.

Our sheltonconservation.org website has a "Farmland in Shelton" webpage that contains hyperlinks to several farms.  The Shelton Trails & Conservation facebook page has several "likes" of local farms that have facebook pages.  The Shelton Economic Development Corporation website has a Shelton Farms webpage noting some of our local farms and what they offer.

At our WedSep7 monthly meeting, there was a request to consider expanding the Farmers Market potential.  The Commission will examine aspects of how that might be accomplished for the benefit of all.  The City of Shelton has a lease with the Farmers Market Association for them to conduct a Farmers Market at the City facility on Canal Street (Farm and Public Market).

It is my understanding that on TueOct4, the Farmers Market Association will hold a meeting to discuss aspects brought up during the public portion of our September Conservation Commission meeting.

Fwd: Trails after Hurricane Irene

Board of Aldermen,

We all know how Hurricane Irene took down trees and toppled them over wires throughout the region.  Now pause for a moment to think where there are a LOT of trees - throughout our City Open Space.  As you can imagine, our trails network was quite impacted with trees down absolutely all over the place.  They were across the RecPath in many spots, and with some limbs hung up in the trees above potential hikers - there was a danger factor as well (such limbs are affectionately called "widow makers")

We didn't ask Park & Rec to help, nor the Tree Warden to approve what to do, or use Conservation Commission budget money to hire tree service companies.

What we did, over the past several years, was to prepare an inventory of tools (purchased almost entirely with grant money) such as chainsaws, bars, cutting tools, and our "gator" 4x4 to transport equipment and volunteers to distant locations.  The Trails Committee volunteers hit the ground running this week (several of them are retirees).  They were out there clearing the trails - and boy is the public using them a lot, especially the RecPath as our contractor has completed his project recently.

Take a look at this entry in the volunteers blog to illustrate some before and after photos of what they have accomplished.  PHENOMENAL.  They were even clearing blow-downs from the Great Ledge property (Bures family parcel) that was just purchased by the City this week. (and Thank-you for your part in accomplishing that)

http://sheltontrailscom.blogspot.com/2011/09/blowdowns-deadfalls-widowmakers-oh-my.html

The above hyperlink has several photos.

Thank you for supporting the Trails Volunteers via our Conservation Commission budget.  For a small investment, you are leveraging a tremendous amount of value in the labor of these individuals.

--
Thomas Harbinson - Chairman

Conservation Commission.

--
Thomas Harbinson

skype: harbthom

Oak Valley Road - Open Space Purchase

Shelton Conservation Commission

Press Release

Purchase of Open Space, Oak Valley Road

29, Aug, 2011

The Shelton Conservation Commission is pleased to announce that the City has acquired another parcel of land in our Shelton Lakes Greenway corridor.

The parcel is 13 acres in size located on Oak Valley Road. It is adjacent to the utility line corridor and centrally situated in the Shelton Lakes Greenway. The purchase price was $190,000. The preservation of the parcel will maintain a continuous corridor for wildlife and passive recreation enjoyment.  The parcel is known as "Great Ledge".

The Conservation Commission conferred with the property owners for several years regarding the public's interest toward the property being preserved and incorporated into the Greenway Corridor. A general understanding was reached, with final terms of purchase negotiated by the Mayor's office.

The Conservation Commission is a purely advisory agency. The terms of the final purchase agreement, and method of funding toward it's cost, can be obtained from the Mayor's office, or the Board of Alderman who is the fiscal authority for the City of Shelton.

With this acquisition, the City Open Space in the Shelton Lakes Greenway area now totals close to half a thousand acres. The first parcel (Abby Wright Parcel) was purchased in the 1960's across from where the La'Hermitage Condominiums are now located. Consistently following an Open Space Plan document has helped achieve this success which the public enjoys today.

The bulk of the Greenway's acreage was preserved in a 1997 purchase of properties from Bridgeport Hydraulic Companies (aka Aquarian) that were Class 3 watershed and thus available for sale from the water utility. That purchase was accomplished via a 1997Jun3 referendum question to bond $6.7million for the costs - which Shelton Voters approved with 89.5% of votes cast. Other parcels were acquired in later years via subdivision set-aside per Planning & Zoning regulations, in-fee-simple purchase, or in-lieu of back taxes.

The parcel will further facilitate the Recreation Path toward completion as a handicap accessible grade multi-use trail through the Shelton Lakes Greenway Corridor from Pine Lake on Rte.108 near downtown, to Lane Street at Huntington Center. Significant progress was made this year by a contractor awarded a project which constructed the RecPath from the two separate ends toward this parcel.

The Trails Enthusiasts have a Committee and Blog that expresses their enthusiasm for the purchase.
http://sheltontrailscom.blogspot.com/2011/08/great-ledge-property-purchased.html

Further information regarding mapping, trail guides, and planning documents that the Conservation Commission uses, can be found on our website:

www.sheltonconservation.org

From there you can discover deeper discussion of our activities via the services of blogs, facebook, and google groups.

Thomas Harbinson is Chairman of the Conservation Commission. He can best be reached via email: thomas.harbinson@gmail.com

Teresa Gallagher is the Conservation Commission's Conservation Agent, a part-time position in City Hall. She can best be reached via email: conservation@cityofshelton.org

Wild Animal Sightings

There has been recent sightings of animals that many confuse to be a mountain lion. While there was a mountain lion hit by a car in Milford that had been in the area, the possibility of another is extremely low.

What is likely observed, it a coyote, or a bobcat - both of which are more prevalent in our region. The Valley Independent Sentinel had an article regarding a wild animal encounter on Crystal Lane, which as I post this is unconfirmed.

This NYTimes article has a photo of the mountain lion hit by a car in Milford in June.

This map has a informal listing of animal sightings in the area of Shelton.

If you see an unknown animal, and it is safe for you to do so, snap a picture with your camera or cellphone. It will prove valuable for identification purposes.

Commission Appointments

Service on the Conservation Commission comes about via appointment from the Mayor for a three year term. The seven positions on the Commission follow a rotation of term that has expiration of 2, 2 and 3 individuals. These terms have been harmonized to expire on Aug1 among the variation of years.

Currently all positions are filled. The Mayor recently re-appointed Jim Tate, Joe Welsh and Bill Dyer for another 3yr term.

The average length of service for the current Conservation Commission is 9yrs. I believe Jim Tate has served the longest as a Commissioner, close to 15yrs. I began service in 1998, so I'm in my 13th year myself.

Among other characteristics, longevity of service to a commitment that requires a dedication toward a long-term goal, is important for success in the realm of Open Space preservation and conservation. It is one aspect that has led to our continued success as a community that has balanced economic growth via development, with quality of life via Open Space preservation.

I thank the Mayor for his confidence in our Commissioners as illustrated by their re-appointments for continued service to the community.

Our website has a page that describes in detail what each member of the Commission contributes to the group.

http://www.sheltonconservation.org/about/about.htm

Tom Harbinson - Chairman

Community Garden 2011

Last year was the start of using City owned Open Space for the passive use at a single location, and it received a lot of neighborhood opposition. See this link to letters to the editor opposing it back then. There were even signs posted on lawns and flyers distributed such as this one.

The end result from 2010 was overwhelmingly positive, both for users and the neighborhood in which the garden was located. The assumptions by neighbors regarding the impact on their street was proven inaccurate. Car traffic was not excessive, there was no increase in crime and vandalism, and property wasn't devalued. I know some gardeners who shared produce with nearby residents (and all the opposition signs eventually came down).

The overwhelming interest caused a need to expand, and while it would have been easy to expand at the current site, a distributed system was considered better than consolidating this garden activity to one location. Thus some good news: The City of Shelton now has two Community Garden locations.

Now the bad news: The Shelton Community Gardens are full for 2011.

If you would like to get on the waiting list for next year, complete this online form.

Garden #1 is near Long Hill School. Garden #2 is near Elizabeth Shelton School A standard plot for growing vegetables or flowers is 20ft x 20ft, and the cost is $20 per year. Organic only, no pesticides.

If demand continues to grow next year for 2012 registrations beyond our current capacity, options will be reviewed.

Note: Community Gardens are made up of individual's plots, and not to be confused with the "Eklund Garden" which is a demonstration area of native species plants on City Open Space. If you enjoy tending to a garden, take a look at our Conservation Commission's Eklund webpage to see opportunities to contribute at that location. (gardening only, no harvesting of flowers).

Open Space Trust Account Report thru 2010

The Conservation Commission is required by Ordinance to make an annual report on the activities of the Open Space Trust Account. Below is the comments I gave to the Board of Aldermen.

Keep in mind that this issue of the OSTA has extensive entries in this blog over the years. Once a full compilation is done of the transactions, it will be available to all via the internet.

First a link to my last mention of the topic in 2009.

Or comments on the lack of funding the OSTA during the budget process in 2008.

And the debate regarding modifications that were being made to the existing ordinance in 2006

And now my most recent comments from 2011Mar11:

BOA,

I'll be simple and to the point. First, while I'm making my presentation, I want to note I have a slideshow of photos displaying the organized activities of work parties and guided hikes that our volunteers have conducted over the past year. They volunteers have specifically logged 785.5 hours of volunteer work parties, but that does not include all the many individuals that work on their own to trim brush, rake leaves, and other maintenance efforts. I want to point out for example that the red barn at Nells Rock Road and Rte 108 that sits prominently next to the Dog Park, is in the shape it is today due to numerous work parties by volunteers to make it a useful structure. Power washing, paint removal, repaint and trim work - along with security measures. All done by volunteers. These folks may work, but also like to give guided hikes, such as one this spring on Palm Sunday afternoon to experience native woodland spring wildflowers at Birchbank Mountain. If interested, sign up on their facebook page (where they have 522 fan/followers). This does not even mention those that volunteer at the Eklund Native Species Garden, the Project Clean Sweep of the Litter Committee, or the Community Garden on Long View.

These volunteer contributions, along with our small CC budget (which request for coming fiscal year is only $36 higher than 2006), have helped us obtain 13 grants totaling over $1.6 million since 2000.

Although I want to sing praise to the volunteers that create and maintain our trails, my purpose this evening is to make report on the OSTA as required in ordinance. For the benefit of the public, Shelton has many tools in it's arsenal to conserve and preserve open space in our community. Subdivision regulations currently require 10% of the original parcel being developed to be set-aside as Open Space, and that's a qualified definition that excludes areas of steep slopes and wet soils. At times, there is determined by the PZB that there are no suitable or desirable open space areas in the application, and the applicant can alternatively make a payment of fee, in lieu of land. This is referred to in shorthand as a FILO payment.

Such payments are deposited into an account held in trust for purposes of acquiring future Open Space land parcels. This Open Space Trust Account is what I am reporting on. In addition to these FILO payments, the City Ordinance that created this account, currently requires that $250k per year be deposited into it promptly near the beginning of the fiscal year.

The concept was that a OSTA would build to sufficient level through both developer and government contributions, so that it would be available in a timely manner to react in the real-world marketplace of property acquisitions without delay of bonding, annual budgets, or other financial maneuvers that would create a liquidity to react for Open Space conservation in competition with developers. It has proven to be a useful tool and model to other communities.

In recent years, the OSTA has not grown with accumulations of inflows, as outlays have been made on various parcels as required in their acquisition agreements. For example, a purchase amount spread over several years would result in money entering the OSTA account as required by ordinance, and promptly leaving the account as expenditure toward said purchase. That however has ended, as the City owes no further partial payments on such purchases, and the fund can again accumulate toward a future purchase.

The OSTA had a previous balance of $14,438.16 and received it's ordinance defined contribution for FY 10/11 of $250k. As of 2010Dec31, the fund balance was $264,444.97

As you no doubt might assume, there has been little development that would create FILO payments into the OSTA, in fact, my records show none for FY 10/11. I will say though that since Jan2011, we have already had two subdivision applications that will show minor payments into this OSTA, which in concert with the FY 11/12 contribution from the annual budget, will begin to bring the OSTA into a range of useful utility.

I can take any questions you have, but when the fully detailed report is compiled showing all additions and expenditures to the OSTA, it will be available to you all via the Conservation Commission's website.

Budget Request Fiscal Year 2011/2012

The City budget process is underway, and this entry hopes to explain what we do from the Conservation Commission perspective.

First, the Finance Department follows the City Charter Section 7.1, and seeks Budget Requests from each department. The City fiscal year ends June 30, so the fiscal year is referred to as 2011/2012, or 11/12. The Finance Department notice includes a printout for our current year budget with amount expended to date and balance remaining, for each line item under our responsibility.

Second, the Conservation Commission takes on the task of reviewing goals, mission, activities, expectations, projects, staffing, and budgeting line items with justifications that would seek to accomplish the collection. This was done at our WedJan5 meeting and the request voted in approval to be submitted.

Third, the Finance Director will assemble all requests for the Mayor, who will present the Mayor's Budget Proposal for FY 11/12 to the Board of Aldermen.

Fourth, the Board of Apportionment and Taxation will meet jointly with the Board of Aldermen in a series of budget workshop meetings, where various department heads are called in to answer any questions. After completion of the workshops, the BoA&T will submit it's budget recommendation to the BoA.

Fifth, the Board of Alderman as the final fiscal authority will approve the budget and set the mill rate (tax rate) for the coming year.

The Conservation Commission has just completed step #2. In full transparency, you can view the complete document regarding our budget request since the actual email that was sent to the Finance Director was also courtesy copied to our google groups service.

It is my personal hope that the City would make more use of electronic methods to accomplish it's tasks. We are the only Department that submits it's budget request electronically.

Bob Wilkins - contributor

A good friend and contributor to Shelton Open Space and Trails died recently. I was fortunate to learn from his example of volunteering and can-do attitude.

The Shelton Trails Committee has a nice entry on their blog regarding Bob.

He will be missed.