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++

Soundview Avenue Open Space Purchase

The article in today's Ct. Post shows that it is worthwhile to note the full story and process that can't always be fit into a single article. The Ct.Post article hyperlinks are not retained a that static location forever, so while I include the link, cut/paste the article with my commentary.
http://www.connpost.com/localnews/ci_8443523


By KATE RAMUNNI
SHELTON — The 14 undeveloped acres on Soundview Avenue had been in the city's sights for years. But when the land went on the market last year, officials pounced — and missed.
Instead, the property was sold for $1.4 million to Huntington Development, a group in which Alvaro DaSilva is the principal. He is the longtime chairman of the Inland Wetlands Commission who stepped down from the panel effective last Saturday.

++ The property is 279 Soundview Avenue, uphill from the Meadow Street end. While the parcel is largely undeveloped, it would be better characterized as an oversize lot. There is a single residential structure with the balance of the property being primarily fields used for agriculture and some woodlands. It is within our Shelton Lakes Greenway area on our Open Space Plan. It is adjacent to property both acquired via subdivision regulations from the development of Summerfield Condos on Constitution Boulevard, and via purchase from the Wiacek family for their farm that reaches from this parcel to the SHS campus above the ballfields. ++

DaSilva's group later proposed building a subdivision on the site, a project that won land-use approval less than a year after the sale, and renders the land more valuable.
++ The subdivision of land was an "as-of-right" application for the R1 zone it was within. The PZC, IWC, City Engineer, and CC all reviewed the application that was approved. All of that is in the public domain to be aware of and view via minutes of the agencies. Naturally, after making that subdivision application's investment, the property's value rose with the availability of approved building lots rather than simply land.++

That chain of events, and the city's failure to act sooner, have come under criticism after the Board of Aldermen recently reached a deal to buy the tract for $2.1 million — giving Huntington Development a net profit of $724,000.
++ As mentioned above, there was additional investment of engineering, applications, etc. It is more than looking at land transfer sale amount listed in the paper, and profit= sale price A minus sale price B ++

"I don't know why Mayor [Mark] Lauretti didn't purchase it then when we always have a surplus," said Planning and Zoning Commission alternate Chris Jones. "This deal doesn't smell right." But Lauretti and other city officials said that the seller's insistence that the deal be completed immediately had doomed it from the start.
++ Chris was made aware of what transpired on this parcel, during the course of a PZC meeting where they gave a favorable 8-24 referral toward the acquisition. To characterize the deal as "smelly" post-awareness of that knowledge is unfortunate. ++

A year ago, then-owner Nellie Krynitzky put a "for sale" sign on her property, and Shelton Land Trust President Joe Welsh immediately contacted her, according to Conservation Commission Chairman Tom Harbinson. "She told Joe that she had already had a couple of people contact her," Harbinson said. "I called her that night and she said she was interested in selling, but wanted to sell it immediately." Less than a week after the sign went up, Krynitzky had five offers, Harbinson said. "I knew the city wouldn't have that much money in its pocket to come up with it quickly," he said. And then a short time later, he said, the sale to Huntington Development was finalized.
++ It is not appropriate for me to say what personal reasons Ms. Krynitzky may have had for selling her property, but I had spoken to her directly. She wanted it sold promptly and naturally for the best price. She had at least 5 parties that already had expressed interest within a week of placing the sign on her front lawn. From all the data I have at my disposal, the City reacted as promptly as it could.++

The city should have been able to come up with the money then, Jones said. "It's strange how the city didn't have a million dollars to buy it last year, but now it has $2.1 million," he said. "I don't like how this has flip-flopped."
++ The City is challenged to maneuver as fast as the private parites in the market place. There are approvals or authorizations that have to occur for anyone representing the City to make or negotiate an offer. There are times during the year when the City has ample cash-flow balances (Jun/Dec around tax collection) and other times when it is limited available cash balances ++

The property, located near the Shelton High School/Intermediate School campus, was on the commission's Quality of Life list, Harbinson said, and former commission chairwoman Harriet Wilbur had kept in contact with Krynitzky for years in anticipation that it would eventually be for sale. But there was no indication Krynitzky was going to suddenly sell it last March, Harbinson said. Krynitzky, who couldn't be reached for comment, continued to have others farm the land for corn and apples, he said. "We had no hint that she was going to sell," he said.
++ Pre-2006 Harriet had touched base with Nellie occasionally over the years regarding the City's interest in her parcel. It was farmed for hay and corn. On 2006/Oct/11 Nellie spoke to a person who is a friend of Conservation efforts in Shelton that she was considering selling her property. This was confided to me that evening. Not to long after that Nellie put a sign on her front lawn, which commissioner Joe Welsh saw while driving by and called the number listed. Joe related to me what their conversation covered, and I called her that very evening. I related all of this to the Mayor the following day.++

Once the sign went up, city officials also tried to contact Krynitzky, to no avail, Lauretti said. "She wouldn't return our calls," he said. A registered letter also went unanswered, he said. "We would have paid as much as anyone else," he said.
++ The City has always paid valuations that are transparant with appraisals for the property done by a third party. This is required by law, and is a fiduciary responsibility of the Board of Alderman whcih they have always conducted.++

About two weeks after Huntington Development bought the property, it filed an application with the Planning and Zoning Commission for an 11-lot subdivision, which the commission granted in June. The vote was unanimous, with Commissioner Leon J. Sylvester abstaining.
++ Commissioner's can abstain for any reason. Commissioner Sylvester's wife is a real-estate agent which may have been the reason in this case. It might not be determined as Roberts Rules of Order do not require anyone to state their reason for abstaining. If you have an ethical conflict, you should additionally "recuse" yourself rather than simply abstain, and state the reason for doing so. Someone who recuses themself, steps away from any involvement with the item and doesn't even discuss it or offer their opinion. Abstaining is simply not voting on the motion.++

After that, the city began negotiations to buy the property from DaSilva, who resigned as chairman of the wetlands commission in January before leaving the board entirely at the end of last week. The aldermen approved purchasing the property for $2.2 million, with DaSilva giving back $100,000 of that to the city as an open-space gift. "I think it stinks," said Irving Steiner, founder of the zoning-advocacy group We R-1. "They said they couldn't get the money up and then went into negotiations with DaSilva. What a loss to the taxpayers."
++ The original owner of the property was only interested in a quick sale. This is further evidenced by the fact that a developer bought it in raw form and then applied to develop it - a risk developers usually do not take. Most developers take an "option" to purchase a parcel, which only executes a purchase once a trigger event has occurred, usually sub-division approval. The original owner wanted rid of her property - period. Perhaps she wasn't even interested in an option sale from other developers? It doesn't help to speculate on why Nellie wanted to sell in the way she did. The second owner was willing to consider selling and discussing the structure of a sale to the City, evidenced by the acceptance of the payments being spread over two fiscal years++

"If they're insinuating we paid too much, why didn't they come to us then?" Board of Aldermen President John Anglace said. If the city could have purchased it then, it would have, he said.
The city paid about $150,000 per acre for the land. Active real estate listings show asking prices for an acre of buildable land in the city to range from $200,000 to more than $300,000.
++ The City did appraise and value the property fairly. The ratio per acre or per building lot compares to market values in Shelton. The City is NOT paying more than the property is worth.++

"From our perspective, the question was, is the property worth saving, and we said yes," Harbinson said. "The evaluation [of the land's value] seems to have been done fairly. That's the price we pay for not having the liquidity to buy it in its pre-development, raw status."
"It's a great piece of property," Sylvester said. "I'm just sorry that we are paying so much more for it than we could have, had we acted in a more expeditious manner."
++ I wish we could acquire every parcel in it's pre-development raw-land value status, but this is naturally impossible. However, to improve our ability to do more acquisitions in that manner is beneficial financially to the City. Funding the Open Space Trust Account accurately and consistently will help the City in that effort.++

CC Budget time, Trust Account zero budget

This blog entry is a duplication of a publication posted on Google's "Group Service" used by the Conservation Commission to publish and communicate electronic communications:

Greetings Commissioners,
Last night was the Conservation Commission's turn to defend its budget in front of the Board of Apportionment & Taxation. I believe this was my third year of having to attend this process. As one might imagine, it was a bit of a love fest as everyone is pleased with what the CC does. There was however one SNAFU - and that acronym definately applies.

It isn't within our CC budget's line items, but the Open Space Trust Account (OSTA) is something the Open Space Ordinance calls for us to report on, and is obviously important for us to monitor activity within. Similar to us catching developers not paying their required fee-in-lieu of payments into the account which resulted from subdivision applications, I have caught that the Mayor's proposed budget shows a zero allocation to the OSTA instead of the amount required by ordinance: $250,000.

I was neither given the courtesy of a heads-up for this by the Mayor despite having a chance encounter twice in the past 2 weeks at the local diner - one when Vice Chair Bill Dyer was dining with me, or at two planned meetings that occured during the past month for unrelated staff sessions in his office. The Mayor also did not attach an explanation for such a substantial change to his Proposed Budget as he is required to do by Charter (see p.28 of hyperlink for Sec.7.2 item a) "...and indicating any major changes from the current fiscal year, together with the reasons for such changes,..."). I found out about this when several different people started asking me about it (an Aldermen, and persons on BoA&T). This issue occurred pretty quickly and subsequent to our last CC mtg, so I had to act simply as Chairman administering this.

When I was finished answering the BoA&T's two or three questions for our standard budget items, I turned the tables in asking about why this OSTA budget item was zero instead of the required $250k. I assume nobody, other than those who contacted me as mentioned above, knew what I was talking about because nobody spoke up with an answer. I gave the budget line item number for the OSTA and pointed out this was a violation of existing ordinance. Everyone seemed unaware of the ordinance, as nobody said anything and were looking rather dumb-founded, thumbing thru pages of printouts to find the item I was talking about. Alderman Finn, Olin, Papa and Simonetti were present at this meeting (Anglace arrived after I was finished speaking) and nobody had an answer as to why the change.

I explained that there were known expenditures from contracts/agreements that would occur in fiscal year 08/09 toward Open Space purchases (Soundview Ave payment #2 and #3 motion by the BOA from 2008Feb14) and Development Rights (PDR of JFF Homestead Acres bonding payment) that could rightly and correctly come from the OSTA. Surely those 2 known expenditure items were budgeted somewhere else in the Mayor's proposal. Nobody had that answer either.

I suggested that the Ordinance be followed with money budgeted, appropriated within 45days of the fiscal year, and then expended from the OSTA toward either of the two items mentioned above which everyone knows will exceed $250k. This would not increase spending in anyway, merely adjust between budget line items as sourcing for which known expenditures are required to occur in the coming FY. It finally seemed to sink in, (especially when they realized I wasn't actually asking for any more money to be EXPENDED) and the BoA&T chairman asked me to send him the documentation.

During a bathroom break from the meeting, I spoke with 2 Aldermen who understood my explanation and saw no problem with taking that direction. I attempted to reach the Mayor in advance of this meeting with no success. I did reach him after the meeting via phone during which we had a "vigorous" 6 minute discussion of the subject. The merits of my explanation were not accepted and his rebuttal devolved into recounting his past expenditures and what he has done for open space previously. Before he terminated our conversation (rather abruptly), he indicated that we will now see a future item on the BOA agenda to modify the OSTA Ordinance.

I'm pretty upset about this. I wish I didn't have to publish "dirty laundry" in are usual public forum, but when the Ordinance says to do something, and the Charter says to do something, and the Mayor blatantly violates both - I unfortunately have to bring it to everyone's attention on the BoA&T for correction just as we did for the missing fee-in-lieu of payments with P&Z. As you can imagine, there was a reporter in the audience, and I expect this storyline will spin into a politicized mess. Given other questions I've been getting and having to respond to regarding the recent Soundview Ave purchase (I was asked to speak during the P&Z mtg this week when they gave the 8-24 referral - unanimously), my greater concern is in regard to the effect on the public's perception about Open Space preservation efforts, and possible setbacks towards future acquisitions we have been working toward and are all aware about on CC which I obviously won't reveal here.

My experience has been that a reporter's notes, and presentation of the facts is challenged to fully explain the subject when confined to a paper's collumns and word count (I did answer some reporter questions asked of me outside the auditorium). Trying to clarify the full story is one reason why I'm using a public venue besides what was obviously a public meeting already. I don't have the time to say the same responses to 3 different reporters asking questions for the same story. I instead offer this data source which they can refer to.

I worked for months, spending a tremendous amount of personal time with Alderman Anglace to prepare the OSTA Ordinance and remove ambiguity of what could be expected for the future. You will recall in the process that the motion was given a "non-approval" (veto) letter by the Mayor, and after modification was passed again (hyperlink has BOA segment of their meeting on 2006Sep14). The ordinance was followed in FY 06/07 ($50k, though appropriated late) and 07/08 ($250k). I did have to bird-dog the finance department for the proper timely allocation both years as nobody had told them what the ordinance was requiring.

I take great issue with the amount of time and work I put into such activities, and then seeing it negated by officials with deliberate ignorance under the guise that they meet the "intent". It is disheartening and causes me to question if I am best serving this avocation in my current position.

Note: By nature of a special email address, this message is simultaneously appearing in my Chairman's Media Blog in addition to being published in our Google Group.

Thomas Harbinson

Shelton Canal filling - letter to editor rebuttal

A recent letter to the editor endorsed filling in the Shelton Canal out of safety concerns. With a recent car in a segment of the canal (unrelated to the proposed fill-in area), it is easy to understand such a conclusion, but I would submit it is an incorrect one.

The City of Shelton owes it's current economic power in part to it's location on the Housatonic River and the business leaders of years ago who built the Ousatonic Dam and a canal to use the subsequent water power for running factory machines. There is still one company remaining that uses water from the canal for their manufacturing operation. In 1986, the owner of this infrastructure (McCallum Enterprises) received a license from the Federal Energy Regulatory Commission (FERC) to take water generated electricity from the river. That process of building a new hydro plant blocked off the canal from any navigable use and made the locks non-purposeful (though they still are there). The license also required that the company prepare a fish ladder to allow migration up river beyond the impediment of the dam. This was never completed, apparently due to the financial cost.

With exciting changes coming to the character of Canal Street due to the residential developments being proposed, McCallum, seeing new possibilities, has investigated their options and begun pursuit of approvals to fill-in the canal from the locks up to the hydro plant (apx. 2.5 acres) for the purposes of real-estate development under the premise of using gains from the activity toward funding a fish ladder construction. There have been no serious safety issues with this area of the canal. The DEP has a recreational lease upon the area that allows public access for fishing and other passive enjoyment of the broad vistas up the Housatonic River. The area was hoped to be a feature destination when the downtown Riverwalk undergoes expansion.

There are many nuances to this process with applications to FERC, Army Corps of Engineers, and the Ct DEP. Also, as a waterbody, the City's own Inland Wetlands Agency has some jurisdictional aspects to address. The Shelton Conservation Commission is very concerned with this concept. We are non-regulatory, but in our role as the environmental conscience of the community we have attempted to bring public awareness by creating a webpage of photos, satelite images, links to various agencies with application documents and instruction for the manner in which the public can make constructive and impacting comments on them (some of which have deadlines). Simply google search "Shelton Canal" and you should see it in the top results. The Housatonic River, and the canal with it's locks are a regional resource, so I would encourage more than just a Shelton resident to offer their comments.

The area represents a heritage that is valued highly by the community and was recently featured in a watercolor cover for the City of Shelton's 2007 Annual Report. The early constructors of the Dam thought well enough of the public good to give some property to the City creating Riverview Park (the City's first park) which overlooks this canal area. Perhaps it is time again for the current owners to think of the greater public good.

Thomas Harbinson
Shelton Conservation Commission - Chairman
This email is being simultaneously sent to the CtPost editor, and this media blog

Editor: This may be too long for you to include, but it is important as the address to the page the conservation commission has created to promote public awareness:
http://sheltonopenspace.googlepages.com/sheltoncanal

Bobcat in region photographed

The numerous sightings of a bobcat have failed to have a photographic evidence to confirm the claim - until now.

Spotted on Poverty Hollow Road in Eason/Redding area is a bobcat. While it can't be claimed to be the same one from Shelton, it does show that they can be in our area.

Airsoft bio-degradable BB's

Similar to the paintball activity, there is a new game that many kids have hooked onto called "airsoft". You shoot these tiny pellets, or BBs as we call them. Conservation Agent Teresa G. has encountered some areas on Shelton Open Space where the typical teenager hang-out debris occurs, along with this airsoft residue.


In WalMart they sell the equipment, and both the plastic BBs along with bio-degradable BBs. It is reasonable to assume that users are not going around to pick up their shot BBs. Even when on private property it has an effect on ecology with wildlife, so this is not just an "on open space" issue. Rather than have more plastic in the environment / ecosystem, perhaps the State could consider mandating that the biodegradable version be used since it is already available. For example.

plastic airsoft BBs:
http://www.walmart.com/catalog/product.do?product_id=6527843


biodegradable airsoft BBs:
http://www.amazon.com/Cybergun-5000ct-Biodegradable-Airsoft-BBs/dp/B000OYH9EM/ref=sr_1_7/102-1849596-7216116?ie=UTF8&s=sporting-goods&qid=1193875968&sr=1-7

On 10/31/07, Kate Ramunni wrote:

Hi Tom,

I saw on the message board something about you
requesting Larry Miller introduce legislation about
BBs -- was wondering what that's about. Thanks!

kate

CRRA Xfer liability and Closure Plan

Response to question from CtPost reporter Kate Rumani on 2007/Oct25


As a resident of the area, I would hope that there are safeguards in place to ensure that whoever assumes management will maintain the gas recovery operation properly. Once in the past when the CRRA delegated duties, a contractor (forget the name) was charged with running the methane extraction operation and it turned out they hadn't replaced filters anywhere near the periodic schedule and the system then clogged, leading to methane migration and the most recent methane event a few years ago. At that time, the head of the CRRA attended an informational meeting at Long Hill School (along with other CRRA staff and some City leadership) to lay out the corrective plans to prevent that happening again (which included replacing the contractor), and at a subsequent informational meeting (I was at both) a "Closure Plan" was presented which has yet to be followed thru on.

While the landfill does have areas of contamination that were shown to be sequestered far from any proposed public use, the site is a substantial area with existing access roads that reach the waterfront and an inlet near the confluence of the Far Mill River. The Closure Plan presented involved improvements to the entrance at Rte110 with stone walls replacing the existing chainlink fence, parking areas for users and a location for canoes to put into the lagoon area that opens to the Housatonic River, and decorative plantings. Hiking trails were shown on maps that would allow passive recreation to observe the significant wildlife on the site as it continues reverting to a more natural setting. I have personally observed deer, coyote's and numerous birdlife from the adjacent Sports Center.

The Housatonic River is a mighty natural resource for the region. If the former landfill site can be put to use in providing passive enjoyment of that resource, I believe that would be beneficial and should be pursued. Since that has been presented for several years as the plan by the CRRA, it should be completed in a timely manner or explained to the community as to why a different direction or delay has taken place. I believe the Closure Plan as previously illustrated was a good thing for the community, and any permitting or safety issues that may be holding back it's implementation should be addressed.

The development projects proposed in recent years along both sides of the Housatonic (marina, sports ctr, residential development, golf course), have to various degrees taken away potential areas for public enjoyment of the river. If this site will have no future opportunity to balance that aspect, it would alter my personal viewpoint when analyzing future Shelton development proposals in that river corridor.

Ideas on how to enjoy Open Space this Fall

This was emailed to editorial dept of CtPost, HuntHrld and ShltnWkly on WedOct3.

People will soon come to our region to witness the landscape's foliage color change of fall. In Shelton, some will experience those vistas while picking pumpkins and apples, enjoying haunted hayrides and corn mazes, or buying cider, wines and ice-cream on our local farms. A large part of this activity is made possible by the value our residents have endorsed being invested into open space, particularly in those lands preserved for agricultural use, but perhaps less known are the many of opportunities for the public to enjoy the variety of open space lands conserved for passive recreation in Shelton.

On SatOct6 at Indian Well State Park, the New Haven Rowing Club is hosting the 13th annual "Head of the Housatonic" regatta that has 600 entries with athletes from various Northeast schools competing all morning on the Housatonic River. The City of Shelton has purchased much of the property along the ridge lines near the park to preserve the vista of the river's corridor. You can get a birds-eye view of the staging area from Riverview Park, Shelton's first preserved park space. If you want to experience the river for yourself (downstream), you can launch a cayak from Southbank Park and enjoy a picnic at it's pavilion.

On SunOct7 at downtown Shelton, the Shelton/Derby Rotary is conducting "Shelton Day" with all their exciting activities. It puts on display the value of our downtown with the riverwalk and park areas on the river to enjoy, and which will be expanded upon with the on-going plans for downtown re-development. Check out the Shelton Land Conservation Trust's booth to see how they operate independently from the City government toward preserving lands in Shelton.

On TueOct9 at the Shelton Lakes Greenway area, the Shelton High Cross Country Team hosts their last home meet of the year against Amity and Cheshire on the RecPath and Turkey Trot Trails. How inspiring to see the school's education campus utilize the forested areas surrounding it for such passive recreation use, just as we envisioned when it was purchased. There are roughly 400 acres with 10 miles of trails in this area for anyone in the public to hike during the day.

Looking for something to do with the kids off school? Spice up a hike with a bit of adventure. On Open Space in Shelton there are hidden 23 letterboxes and 36 geocaches to find. The sheltontrails.org website also has nature guides for items to be aware of and keep kids learning about their surroundings (and despite recent news reports, there are NO mountain lions to worry about).

The City is grateful for the work of volunteers and groups to make these opportunities possible. The SHS Cross Country team helped do maintenance on the Turkey Trot Trail with the hard working Trails Committee of the Shelton Conservation Commission, the Girl Scouts Troop 363 is cleaning the Huntington Wellfield while Troop 512 cleaned up around the Far Mill River in Pine Rock Park. Last weekend and this, there are volunteers taking macroinvertabrae samples on the Far Mill River to help the DEP study its water quality.

Enjoy the fall weather and land preserved in the community, by the community, and for the community.

Animal sightings in Shelton

Update Sep26: One of the people who saw the "mountain lion" has confirmed to the papers with a photo that what she saw was a large pit bull dog. However, a couple of days ago Dean Cawthra (the City of Shelton Tree Warden, and Superintentendent of the Parks & Recreation Staff) said he saw a bobcat on Rte110 just west of the White Hills shopping center. Dean is an outdoorsman, and said he definately noted a bobbed tail on the catlike creature. Although there is no photographic evidence - I tend to give his account high credibility.
End of update

There have been 3 instances reported in the news where at least 6 people have reported seeing an animal that some think is a Mountain Lion. This is likely incorrect identification. There has been no photographic evidence of the animal in question.

A Mountain Lion would have a very significant length tail. A bobcat is possible and would have a very short length tail. A coyote will be much more doglike and mangy.

The people who maintain the Shelton Trails website have a page devoted to this subject with reference photos and videos to help the public determine what they witness.

As Chairman of the Conservation Commission, I have created a map that locates animal sightings in Shelton. BLUE marks are for unconfirmed animals, RED marks are confirmed animals, PURPLE pins are whimsical. Although the map has a bit of whimsy, the subject of sightings is of serious concern and should be immediately reported to the Police Department. See this excerpt from the NHRegister of ThuSep13:

Sgt Ahern said the police believe the animal is "afraid of people." Ahern said people should go about their lives as usual, but be aware of their surroundings. If they see the animal, folks shouldn’t try to corner or capture it.If they can get a picture safely, that would be great, Ahern said. If anyone sees the mystery animal, they are asked to call police at 924-1544 or (860) 424-3333


View Larger Map