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.

ATV - public open space

Local TV Channel WTNH-8 did a story on illegal ATV use in Shelton municipal lands and a police crack down on it involving the Conservation Commission. Here is a link to the online transcript version of the story, which includes video. I use this blog entry to talk about the subject a bit more.

The City of Shelton has invested as a municipality in preserving and conserving land in town for various purposes. In either case, the land may be providing lasting natural habitat, historic preservation, passive recreation, buffer between development and habitats, agricultural purposes, and passive or active recreational needs in form of hiking trails or sports fields. Some of these areas are "permanently protected open space" via deed restriction, and some conservation projects received funding from grants at the state or federal level which came with and easements on what activity can be conducted upon the lands.

All of these areas come under the umbrella of being designated as "City of Shelton Open Space", and as such the City of Shelton has an ordinance as to what can occur on the properties. Notably, motorized vehicles (excepting for official vehicles) are prohibited as the very first item.

A property labeled "Birchbank Mountain" was purchased by Shelton in 1998 as protection to the Housatonic River Greenway near the Indian Well State Park and well-field area of the Aquarion Water Company (fka Bridgeport Hydraulic). It was a class 3 watershed property purchased from Bridgeport Hydraulic as part of a 500 acre purchase assembled around the city (this was before the State of CT did a similar action with the balance of class 3 watershed properties that BHC owned around the state). It is a unique ecological property as it contains sandy soil from the formation of the Housatonic River (thus the nearby public water well-field), it is easterly facing at the toe of a long bank and is in the shadow most of the day, it receives seepage of moisture from the hillside, and contains historic roadbeds that served to access White Hills before the present day Rte110 was constructed. It is a very special piece of preserved property.

This area has received significant ATV activity in violation of the City ordinance, and numerous State Statutes. Unique vegetation given the environmental conditions mentioned was being damaged, and the sandy soil when disturbed continuously by ATV's in a single area leaves it prone to erosion. The City's investment in the valued parcel of land was being damaged.

A significant area of Open Space known as the Shelton Lakes Greenway has numerous trails enjoyed by residents and visitors (all open space and trails in Shelton is open to anyone for free and there is no resident requirement or permit needed). ATV and motorcycle use has caused erosion issues that need correction due to the hazard created for hikers. On SatAug28, 2010, a scout group encountered ATV's and dirtbikes racing down the trail toward them, creating a hazardous situation in violation of the law.

Certain open space properties where agricultural use occurs via lease to farmers have had damage to crops by careless ATV use through the field. This causes loss of value in the harvest of the crop.

ATV users have blatantly violated the state law and local ordinances, repeatedly, on numerous parcels of land owned by the City. These violations have caused ecological and economic damage and must be addressed by the proper authorities.

Working with the police department, we are asking that people enjoying the Open Space for passive recreation purposes, or nearby residents to Open Space parcels, or simply anyone who sees a violation - snap a photo on your cellphone and send it to the Conservation Commission's Conservation Agent via email or to our facebook page. The documentation will allow police to follow up with enforcement of state statutes.

Ct General Statutes, Chapter 55, Sec 14-387

Those who use ATV's, snowmobiles, or dirt bikes (collectively known as off-road vehicles) would do well to also visit the DEP webpage on the subject.

As an off-road vehicle owner myself (Polaris ATV and sled), I recognize the difficulty when other states (MA, ME, NH, VT, NY) do not recognize a CT registration of the off-road vehicle. With no State owned lands in which to ride, there is little incentive to register the vehicle in CT. These are State issues that should be worked on by legislators to give recognition for CT registrations at out-of-state locations, and by the CT DEP to provide suitable areas for riding within CT.

The closest legal alternative is the nearby riding areas of Pittsfield or Otis MA

MA off road vehicles

CT DEP Grant Award for RecPath

I'm pleased to announce that the City of Shelton has been awarded a Recreational Trails Program Grant for Fiscal Year 2010, in the amount of $73,150.00

Thank-you to all who worked so dilligently on the grant application.

Here is a link to the Ct DEP webpage outlining all the grants awarded over the years. A link regarding the projects funded this June is halfway down the page.

From the Grant description:

To construct Phase 3, Section c (about 2500 linear feet) of the Shelton Lakes Recreation Path ("Rec Path"), and to purchase maintenance equipment. This section of the Rec Path will provide linkage to a recently completed Huntington Street walkway and to shops, the Community Center, Post Office, and events on the Huntington Center Green. The RecPath is a 4.5-mile multi-use, handicapped-accessible path connecting downtown Shelton and Huntington Center, This is a major capital project for the City of Shelton, and is incorporated in local, regional, and state planning documents. The completed section of Rec Path is 8 to 10 feet wide and about 1000 feet long with a crushed stone surface.

Community Garden plowed

The Conservation Commission is not directly responsible for the Community Garden concept, rather it is the ad-hoc committee formed by the Board of Alderman.

However, we on the Conservation Commission are supportive of using agricultural lands (City owned Open Spaces with appropriate agricultural soils) for that purpose.

Consequently, the Klapik Farm Open Space on Long Hill Avenue and Long View Drive is being prepared for planting. You can see photos of the work on facebook.

I recognize their was neighborhood opposition to using the former farm fields as gardening fields, but the need and desire expreseed by the community has outweighed the items of concern expressed by the neighborhood.

The Conservation Commission's part time staff (Conservation Agent) has been assisting co-ordination of the Community Garden Committee's activities.

Personally, I look forward to their first harvest!!

Info on Facebook

As a reminder, this Blog is a tool I use as Chairman of the Conservation Commission to communicate to the public in broadcast fashion, and provide for future reference of information.

There are other tools that accomplish this also. The Trails Volunteers and Conservation have a page on facebook where you can learn of their activities. Beyond the "broadcast" format of a blog, it also allows comments via text, "liking" an entry, and becoming a "fan".

Be aware that Facebook does log your activities on their site when you are "logged in". Any actions you make there are made available to the public.

The facebook page is NOT my manner of communicating as Chairman, but it is of value for those interested in Conservation affairs.

Facebook page of "Shelton Trails & Conservation"

Community Garden - Neighborhood flyer

There was a public hearing of the Community Garden Committee on Mar8 at City Hall. The room was over capacity and it was noted that not all the public had access during the meeting. As the auditorium was also at capacity for a separate meeting, the public hearing was haulted until a future time.



During the meeting, the following flyer was distributed. My comments follow.

1. "City already increased plot numbers from 40 to 60! Community Garden Committee says further expansion is very probable and desirable, including back fields bordering Long Hill Ave and Laurel Wood Drive." The Community Garden Committee is drawing up a concept of plots based on the response from the citizenry. There are already over 50 sign-ups from Shelton residents, so in my opinion they are being frank and wise to recognize the reality today and what it may be in the future. That said, this is still conceptual and design stage.


2. "No representation from our neighborhood on the Community Garden Committee" The Committee was created as an ad-hoc committee to the Board of Alderman for those who expressed interest in the task. It's up to the BOA to add or modify their committees. I don't think the Long Hill School PTA has a representative from the neighborhood simply because the school is next to a residential area. I don't see the logic in the claim to have committee representation based upon geo-location. The involvement to comment, critique, question, challenge, complain, and otherwise voice opinion is available during every meeting during the public portion of both the Board of Alderman and Garden Committee.


3. "Complete disregard for the safety concerns of our neighborhood. City never explored other options." This is an outright falsehood. The Conservation Commission looked at all the City's Open Space properties, eliminated those that were not in agricultural use, and examined those remaining for soil types, drainage, etc as to suitability for community gardening. This was all public in our meetings, and was further specifically reiterated and explained at our Conservation meetings to the public who came out on Mar3. The Planning & Zoning Commission and the City Engineer both examined the proposal and rendered affirmative referrals that it is an appropriate use for the parcel.


4. "Car traffic into residential roads expected to be 400-500 passes per week. As the garden expands, so does the traffic in the Long Hll area, and our streets." I'll start with the low side claim of 400 passes. Assuming that's one car's in and out travels, that's 200 visits per week. Assuming the high end currently stated of 60 plots, that's 3.3 visits per plot per week. Summary: Given assumption of the least number of visits claimed, and highest number of plots mentioned, the flyer's contention is that every single plot will have a unique caretaker and be visited by them every other day. Imperical data from other community gardens show that is not the case.


5. "Devaluation of our property due to traffic and garden access on Longview Road, Laurel Wood Drive or Long Hill Avenue". I'm not an expert in property valuation, but the implication is that access from any abutting road into this property for such use is going to negatively impact all surrounding properties. I would doubt that.


6. "Potential increase in crime and vandalism" The parcel is currently fields and has had ATV activity (addressed promptly by the police) and illegal hunting (addressed promptly by the DEP), both to a minimal amount. Anytime there are "improvements" to a property (playscape, ballfields, etc) that can serve to attract youth, there is a potential for negative aspects. That said, the likelihood of a garden attracting crime to a neighborhood is an unlikely outcome.


7. "Already concerned residents are receiving misleading and incomplete information from the City Conservation Agent. How much worse will we be treated if/when the huge garden goes in" I can say without hesitation that the Conservation Agent is pro-active toward informing the public as to what is occurring. Her statements are consistently factual. The garden proposed is a small area of 1 field our of a parcel acreage of many acres. It is not a "huge" area.

Community Garden

A letter to editor was in the 2010Feb18 CtPost. My response is within the ++ symbols to stand out. The link to original is found here.

Letter to the Editor:
Shelton residents are being encouraged to "sign up" for a plot at the Klapik Farm Community Garden when the location, details and the very concept have not been formally approved by the appropriate governing body.

+++
Information is a powerful tool. The City of Shelton website has all agency/body minutes in pdf form. You can google search restrict to the website. Try this search for example. From the results you can glean that there has been much discussion on the concept for much time. Any improvement to property by the City, requires much the same approvals as a private entity. Application to Planning & Zoning, Authorization by Board of Alderman, referrals from agents such as City Engineer, etc.
+++

In an effort to determine if there is even a need for a community garden, the Board of Aldermen created an Ad Hoc Community Garden Committee. The committee had one meeting in January at which time it performed the usual initial business of electing officers, accepting rules of order and establishing a schedule of meetings for the year. However, if you read the meeting minutes carefully, you'll discover that the committee was told that a preferred location was already identified, that a formal review by the Planning and Zoning Commission had already been initiated for the property use change, that the entrance for the garden would be at the end of a residential cul de sac on Longview Road, and, oh yes, that the committee needed to hurry because apparently somebody wants to start planting this spring.

+++
Lets have a timeline

• 1993 - Open Space Plan identifies Greenways as emphasis areas for preserving open space.
• 2002 - The Klapik Farm was purchased, totals apx 58acres, and has significant hedgerows visually blocking the fields from adjacent residential properties. This is part of the Long Hill Greenway (includes several other property purchases that became assembled, notably the Tall Farm across the street from Klapik)
• 2003 - A license agreement begins in May between the City and Lyman Wells (a local farmer) to harvest hay from the fields. The property use will not change and remain agricultural.
• 2006 - The Plan of Conservation & Development has as it's #1 agricultural preservation strategy "continue to support programs that preserve farmland" which this does. See page 3-10 of the plan
• 2009Feb - Open Space Plan is updated from 1993, and recomends pursuit of possible Community Gardens. View details of the plan via this link.
• 2009Aug4 - Some early discussion on the subject that I can document from email, originated from citizenry with the Mayor meeting on this date to examine the concept.
• 2009Fall - Conservation Commission and Parks & Rec Commission were both consulted. Review of potential City owned Open Space parcels were done (Tall Farm, Wiacek Farm, 279 Soundview, Klapik, Nells Rock Road, French's Farm) and the consensus was that Klapik was most suited for public community gardens.
• 2010Jan19 - Mayor sends letter requesting 8-24 referral from PZC and advise from City Engineer.
• 2010Jan22 - City Engineer endorses the project
• 2010Jan27 - Planning & Zoning Commission votes favorably on the refferal (p.27 of minutes)
• 2010Jan25, Feb9, Feb23 - Community Garden AdHoc Committee meets to plan for quickly approaching planting season. Minutes are found here.

One can not imply that this came about as a surprise, or was rushed to judgement
+++

Now, I just happen to live on Longview Road and I know for a fact that we never requested this use for the property. While we think a well-planned community garden is a terrific idea, we became worried about how this might affect our neighborhood. So, several of us went to the second meeting of the Community Garden Committee. We asked the committee members flat out if the Longview Road site and entrance was a "done deal." Every one of them robustly assured us that it was not.

+++
This was in the Plan of Conservation & Development from 2006. It was in the Open Space Plan of 2009. It has been discussed openly on Conservation Commission's meetings. The neighbors were notified as part of the referral review by the Planning & Zoning Commission. No, the residents of Longview Road didn't request this, but the citizens of the City have repeatedly via the planning methods, workshops, and meetings outlined above, over many years. There remain details to work out if this prospective location is to be productive - and in that regard it is not a "done deal".
+++

So, we neighbors expressed our concerns. We handed them a petition of names of people who are opposed to the Longview Road entrance. We asked the committee to please consider making the entrance in a more appropriate area. We were polite, articulate and even helpful despite the fact that we never requested a community garden, and there was no one present who did.

+++
The two areas to access the parcel are from Longview Road's cul-de-sac, which is at the highpoint of the drumlin's topography; or from Long Hill Avenue which is a busy road and would require crossing a wetlands area to access the more advantageous agricultural fields. Longview is the better location for access.
+++

We want peace not war, but we also want our needs to be considered. We don't want another poorly planned, town-sponsored intrusion into a defenseless neighborhood. Let's see what happens.
Randy Ann York

+++
Working together to solve issues will bring greater satisfaction to all.
+++

What follows is my letter to the editor submitted to CtPost on Feb21:
Editor:

I was dismayed to read the Letter of Feb18 regarding the Community Garden in Shelton. As Chairman of the Conservation Commission, let me offer some clarification.

Shelton's Open Space acquisition was following the award winning 1993 Open Space Plan when the 58 acres near Long Hill Avenue was acquired in 2002 as part of a Long Hill Greenway vision that has since preserved an abutting assemblage of over 100 acres. Continuously since 2003 there has been a revocable license with a local farmer to harvest hay from the property, thus maintaining it's agricultural usage in the community.

I served on the Committee that updated Shelton's Plan of Conservation & Development in 2006, which recognized Community Gardens as one strategy to preserve farmland (see p.3-10). The Conservation Commission updated Shelton's Open Plan in 2009 and reiterated such pursuits. The concept of a Community Garden is one other municipalities offer, and should not come as a surprise to residents of Shelton who take interest in their City's activities and its planning documents.

Out of citizenry interest and initiative, the Board of Alderman forrmed an ad-hoc Committee to bring the idea together in late 2009, and the Mayor's office requested advice and referrals on the concept from the City Engineer and the Planning & Zoning Commission in 2010. The Conservation Commission and the Parks & Recreation Commission have discussed this concept openly in their meetings. All of this above documentation is readily available on the City's website.

Yes, there is a planting season quickly approaching and the ad-hoc committee is working diligently to meet mother nature's deadlines, but this is not a rushed or hasty endeavor. This is a community sponsored concern being addressed. As of Feb16, 43 people had already signed up for plots. I encourage everyone to voice concerns, and work together in making it a success.

Thomas Harbinson
Conservation Commission - Chairman.

Serving 2 masters

When I was asked to run for elected office in the Planning & Zoning Alternate position, it was assumed by many that I could serve in both an elected and appointed position. See my Nov1 blog entry regarding elected and appointed service, and why I ran for office.

Since then I have been elected and thank the public for entrusting me to serve in that office, however it has been brought to my attention that the City of Shelton Charter Sections regarding Planning & Zoning members have additional verbage that makes it an exclusive office of service. (See the cut/paste at end of this message of the Charter from municode website).

It is with that new revelation in mind, which has been confirmed by the City Attorney, that I decided to resign from the Planning & Zoning Commission effective immediately. My decision was based on where I could best serve the administration of City affairs and my overall community.

Wed 2009/Dec/2 will be the completion of my 11th continuous year of service on the Conservation Commission. During that time the entire Commission has worked to acquire significant City of Shelton Open Space, helped Shelton purchase development rights to agricultural lands, obtained substantial grant monies for Shelton's land acquisitions and enhancements upon them, expanded trails networks and their accessibility, improved our Commission's communication and technology methods to be the most transparent in the State of Ct, and updated the award winning Open Space Plan for the City of Shelton.

Today I was made aware of a decision that was rendered by the City Attorney in the past, that reveals the position of Planning & Zoning Commission Alternate (not a Member unless seated and replacing a Member) would be quite restrictive as to involvement with everyday affairs of the Commission. While an Alternate could participate during a hearing (as anyone from the public can), an Alternate can not participate in any deliberation nor any vote unless seated as the replacement of a Member.


After discussion with trusted friends and weighing the pros and cons, I decided that the years of history, knowledge and leadership at the CC, along with the relationships compiled for furthering the CC's goals and objectives, held more fruitful value than sitting in meetings where I would be prohibited from contributing on a regular business.

I'm sorry this Charter nuance was not recognized clearly by anyone earlier. Regretfully, that oversite error is mine alone.

City Charter component, unrealized until Tue2009/Nov/24. My emphasis added.

5.1.4. Planning and Zoning Commission: (a) The City shall have a Planning and Zoning Commission elected as provided by Section 2.4.1(f) of this Charter, no more than four (4) members of which shall be from the same political party. The members shall hold no other elected or appointed office within the City. The Commission shall have such duties as are provided by the General Statutes of the State of Connecticut relating to planning and zoning, and, subject to the approval of the Mayor, shall appoint and may remove zoning and planning officers and such professional and other personnel as may be necessary or convenient to the operation of the commission. (b) There shall be two (2) alternate members elected to the Planning and Zoning Commission at the election in November 1995 and biannually thereafter for a term of two (2) years no more than one (1) of whom shall be from the same political party. The Chairman of the Planning and Zoning Commission shall, when a regular member is unable to attend a meeting or is otherwise unable to participate, select an alternate in place of such member firstly from the same political party as the member and if an alternate from the same political party is not available, then the Chairman shall select the second alternate. If two (2) members are unable to attend or participate, both alternates shall be seated, provided that the minority representation requirements of the General Statutes are not thereby violated, in which event the Commission shall proceed on the matter without the participation of any alternate

Resignation from PZC Alternate

Wednesday December 2, 2009

Ruth Parkins - PZC Chairperson
Rick Schultz - PZ Dept Administrator
Planning & Zoning Commissioners.

I'm disappointed that after review of the City Charter by the City Attorney, I have become aware of a conflict in my serving both as an appointed Member of the Conservation Commission, and as an elected Alternate of the Planning & Zoning Commission. In personal review of the Shelton Charter Section 5.5.c, I had the expectation that I could serve in both positions. An opinion given to me today from City Counsel of Charter Section 5.1.4 negates that understanding.

After consulting with trusted friends and colleagues, I have decided that given the choice of my 11year history of service and subsequent knowledge from activity with the Conservation Commission, versus an Alternate position on the Planning & Zoning Commission where my input is limited to contributing only when replacing a Member, that I could best serve the administration of the City's affairs and my community while serving as a Conservation Commissioner where my current term expires in August 2012.

Regretfully, I resign from my recently elected position as Planning & Zoning Alternate.

This electronic message will be my sole notice of resignation to all interested parties. There will be no hard-copy.

Thank-you for your attention and understanding, and best wishes to the Commission in your days ahead.

Sincerely - Thomas Harbinson.

cc:
Mark Lauretti - Mayor
Margaret Weber - City Clerk
Dave Gioiello - Democratic Town Committee Chair
Tom Welch - City Attorney
sheltoncc.blogspot.com

Elected vs Appointed

One purpose of this Conservation Commission blog is to say my comments once, not repetatively again and again to reporters or the public - not being rude, just efficient with time. My running for elected office in 2009Nov has elicited a number of questions, from a number of people such as public or press, which I will answer here in a FAQ manner. I am using this blog, as it is the most read outlet I have that the public regularly reference.

I thought you were already in office? I was appointed to the Conservation Commission in 1998 by Mayor Lauretti according to Section 5.2.3 of the City Charter. The appointment is a 3 year term. My last term ended in 2009Aug, just 2 months ago, at which time Mayor Lauretti re-appointed me to the Commission. I am thus a Conservation Commissioner until August of 2012. This is different and separate than the elected office I seek on the Planning & Zoning Commission.

What is the elected office you are running for? Planning & Zoning Commissioner, as one of the two alternate positions. The PZC is made up of 6 members and 2 alternates. The alternate commissioner serves a very distinct purpose from a standard commissioner. From the City of Shelton Charter Section 5.1.4.b, "The Chairman of the Planning and Zoning Commission shall, when a regular member is unable to attend a meeting or is otherwise unable to participate, select an alternate in place of such member firstly from the same political party as the member and if an alternate from the same political party is not available, then the Chairman shall select the second alternate. If two (2) members are unable to attend or participate, both alternates shall be seated, provided that the minority representation requirements of the General Statutes are not thereby violated, in which event the Commission shall proceed on the matter without the participation of any alternate"

Can you serve on both Commissions? Structurally, yes. According to the Shelton Charter Section 5.5.c, "Members shall hold no more than one other elected office and/or two other appointed offices with the City"

Is it a conflict to serve on both Commissions? Philosophically, and generally no. The PZC is a regulatory body making decisions based upon reference to plans, regulations, statutes, etc. The CC is an advisory body making recomendations and comments that are also based upon reference to plans and guides, but has more latitude and breadth in what it may comment upon in it's role as the environmental conscience of the community. There are times where the PZC is asking for comment from the CC on issues such as a subdivision application, and I can reinforce the intent or direction of those comments when they reach the PZC - that isn't a conflict. There are however times when the CC is conducting a project (say a trails construction or activity) where a referral request is made to the planning agency (PZC) to affirm that it is appropriate. These are commonly referred to to as "8-24 referrals" in noting the Ct Gen Statutes section that outlines how it should be done. In cases where such a request is made, I may have to abstain from voting, but should not have to recuse myself from participating in discussion. That said, it is unlikely that such a conflict may occur anyway, because I would be in the "alternate" position and only voting when another commissioner was unable to fulfill their duty.

I didn't know you were running: My "campaign" for office is non-existent, due mainly to two factors. Firstly, I'm running for one of 2 alternate positions, of which no more than one can be from a single party. The Democrats and Republicans usually put forth one candidate for each office and thus they are de-facto elected. Shelton has a third alternative in the form of the Citizen's United Party, but they didn't nominate anyone for the PZC alternate position. Secondly, in 2008 and 2009 a company I have ownership in received a grant contribution from the State of Ct. toward a solar array. As such, the company is explicitly defined as a "state contractor" and is restricted in the political donations it's principals can make to candidates. This goes beyond any Ct state office candidate such as Governor or Atty General, and includes a prohibition against donating to Town Committees. In summary, I can't donate to general campaign funds of the Town Committee for helping with the cost of flyers or mailers, and due to the nature of the office and number of candidates on the slate - I don't need to campaign anyway. I'm fine with that as I instead can continue concentrating on continuing the work as Conservation Commissioner and prepare for that additional work as Planning & Zoning Commissioner.

What skills do you bring to the office? I am controller of a family construction business. As such, I have skills of management and knowledge of the construction industry. My business is not in development, primarily in NYC, and doesn't interact with any local contractors or developers. I am also a 5th generation farm owner and have a balanced perspective for the environment and the value of balance it brings to a developed community. In addition to having served on the Conservation Commission since 1998, I was appointed by the Planning & Zoning Commission to serve on the 2006 Plan Update Advisory Committee which updated the City's master plan known as the Plan of Conservation & Development. I am a director of the Shelton Economic Development Corporation, and a Life member of the non-profit Shelton Land Conservation Trust.

I hope this answers the questions regarding what offices I will be serving in, how I attained those offices, and what I intend to bring to them.

Dog Park - CtPost

I encourage readers to go to the ConnPost article as they are the content creator of the article and have methods for readers to comment on their aritlces within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.

Plans move forward for Shelton dog park
By Kate RamunniSTAFF WRITER
Updated: 10/18/2009 07:31:29 PM EDT

SHELTON -- Plans for a new dog park are moving forward with approvals from one commission that will now hand it off to the Board of Aldermen.

The Parks and Recreation Commission Thursday approved both the location and design for the park. If approved by the aldermen, it will be constructed on Nells Rock Road and will include areas for both large and small dogs.

+++ The BOA should approve any use of City Property. The PZC will also need to review, and given access improvements onto Nells Rock Rd - I assume also the Engineering Dept. +++

"We looked at a lot of dog parks in a lot of towns and found that people do utilize them," said commission chairman John Papa, who also served on the Dog Park Committee.

+++ The Conservation Commission's Agent visited Ridgefield Dog Park, and Milford Dog Park. (see links for respective blog reports) +++

It's going to cost about $20,000 for the fencing, benches and parking area that will accommodate about 20 cars, he said. And that money is LOCIP-eligible, which is why the aldermen must approve the project, he said.

+++ The BOA must approve every trail project, even those don't involve costs of funding when simply done by volunteers. The BOA must approve a use of City real-property such as this, in addition to the fiscal approval +++

"This is a great opportunity for people who love their dogs to have a park to bring them to that won't cost a heck of a lot of money to do," Papa said.

The plans must first go to the aldermen's Finance Committee, which must approve it and send it to the full board, Papa said. "We're hoping to get it done in November or December," he said. "Before we did this we presented it to the mayor and he is in support of it."

Once approvals are in place, volunteers will begin clearing the area of dead trees and brush, Papa said.

+++ Because of impervious surfaces, grading issues, access onto City road, possible structure demo, etc: This will require review from Engineering Dept. Also the PZC will need to give a referral regarding the change of use from passive recreation to active recreation and the amenities, parking, etc. +++

The park will have two areas: one for small dogs and a larger area for larger dogs. There will be several benches placed along the perimeters, and "pooper scooper" bags will be provided, Papa said.

+++ See previous entry for Ridgefield as to the ideal way to run such a park from what we have seen locally. +++

The Conservation Commission, which manages the city-owned open space behind the park spot, had several concerns about the plans, but Papa said they are relatively minor and can be worked out.

Those concerns include the use and maintenance of buildings located on the property, the layout of the parking spaces and the screening of the park from the roadways.

"Dog parks that we have seen in other communities show that the facilities need to be very well maintained, for if they are not at the highest level they become an eyesore and a liability to the city and are not used by residents," Conservation Commission Tom Harbinson wrote to the Parks and Recreation Commission. "We feel that the city has not shown that the city can maintain a facility like this at this time." It ultimately will be the responsibility of the Parks and Recreation Department to maintain the dog park, Papa said.

+++ Unless a space is "adopted" by an advocacy group such as trails volunteers to do maintenance and guided hikes, or a baseball league organization to maintain some facilities and order to them - it is on the shoulders of the already overburdened Park & Rec Dept. The Riverwalk Park in downtown is an example where broken lightposts are replaced with something out of character because they are handy. Vandalism is allowed to remain for far too long on signs, benches, and other amenities with no apparent effort toward swift removal. Take a look at the "park" next to Rte8 with basketball courts that are unusable +++

"I don't see any problems with what (the Conservation Commission) is concerned about," Papa said. Having the park in close proximity to the Recreation Path is a plus, he said.

+++ The sketch provided to the CC for commentary upon didn't even show the RecPath, which has been a long term goal for over 15years. There was no reference to the structures that exist in dilapidated condition and how they might be utilized or demolished. The screening of the urban elements of fences and such from the passive natural open space character was not looked at nor considered. In short, the plan I looked at during the review by CC was deficient +++

"This is not going to interfere with their trails, they are far enough away that the park won't infringe on their areas," he said. "People use both the park and the trails, and we thought this would be a happy park for both those who use the park and the trails."

+++ I'm an advocate of multi-use of the trails. I too believe that dog owners and trail users are compatible. We currently allow dogs (on leash) on all our Shelton trails, as opposed to Derby or Trumbull who do not. The question I have is why were the trails and RecPath location not even referenced or shown so that the integration with other site uses could happen in harmony. +++

Eklund Garden used for unique purposes

Eklund Garden is located off Oak Valley Road near Nells Rock Road. It is a City-owned parcel of Preserved Open Space that is within the Shelton Lakes Greenway corridor. A portion of the parcel has gardens that were intended to illustrate the value of native species plantings for landscaping. Too often, invasive or foreign plants take over our landscapes, when there are native plants that can provide aesthetic needs.

Not to long into the concept of the Eklund Garden of native species, it was decided that it might also be a good study habitat regarding the destruction of the overabundant deer population. The entire perimeter was barriered with deer fence and entry/exit gates to create a study area unharmed by the hungry deer.

In addition, the garden is being visited by an autistic woman as the gardening (weeding) activity is very therapeutic.

The Valley Independent Sentinel had an article on this use.

http://valley.newhavenindependent.org/index.php/archives/entry/shelton_garden_model_for_autism_farm/

Animal Shelter Site - CtPost

The CtPost had an article today (actually it will appear in ThuOct1 deadwood version) that relates to site evaluation by the Conservation Commission for an Animal Control Facility. There isn't much to comment on within the article, but I present it hear for posterity as the CtPost occassionaly deletes links.

I encourage readers to go to the ConnPost article as they are the content creator of the article and have methods for readers to comment on their aritlces within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.

http://www.connpost.com/news/ci_13453974
Site chosen for Shelton animal shelter
By Kate RamunniSTAFF WRITER
Updated: 09/30/2009 05:05:52 PM EDT

SHELTON -- After years of wrangling, city officials appear to have settled on a spot for the city's new animal shelter - and it's only yards away from the existing one.

A building on Riverdale Avenue, known as the Pink Elephant, would be demolished to make way for the new shelter under the current proposal the Animal Shelter Building Committee is considering.

"We haven't decided upon it as much as the mayor has asked us to look at it," committee chairman, Tony Minopoli, said. "We are in the process of trying to verify if it will work."

For the past several years the committee has been designing the new shelter and looking for somewhere to put it. Originally they investigated the site next to the Pink Elephant building and had extensive environmental tests done there to make sure it is usable.

But then Mayor Mark A. Lauretti, who originally established the committee because he said the current shelter is woefully outdated, asked the committee to look into a city-owned site on Nells Rock Road where a proposed dog park is being considered.

But that suggestion drew criticism from both neighbors and members of the Conservation Commission, which maintains the open space there along the Shelton Greenway.

"No matter where around the city you suggest a site, there are people that will say I'm against it," said Board of Aldermen president John Anglace. The committee must get the board's approval on a site before going forward with construction of a new shelter. "It's the most difficult things to do -- to find a reasonable location for a new animal shelter," Anglace said. "[The Pink Elephant site] seems to make the most sense."

The committee is investigating constructing a 5,000 square-foot metal building on whatever site is chosen that will include 30 dog runs and an area for cat adoptions, Minopoli said. It also will have an adoption area where those interested in adopting can get to know their prospective pet.

"The basic tenants of the plan remain unchanged," he said. A metal building will be more economical, he said, and improvements in the building technology mean that it will be much more visually pleasing than such buildings have been in the past.

"The things you can do to the outside of these buildings are tremendous," he said. "We have designed it to make look like a New England-style barn with cupolas - it's going to be a very attractive building and the maintenance cost should be low."

More environmental testing will likely have to be done, Minopoli said, and the items in the building, which has been used for storage, will have to be relocated. "We likely would do more testing to be absolutely sure that there are no environmental problems," he said, and would have to investigate other utility issues before moving forward with the site.

"Nothing is firm yet but these are our thoughts and the direction we would like to see this project go," Anglace said. "I think it is a good direction to get this project moving."

Mayor asks PZC for 8-24: CtPost Sep10

I encourage readers to go to the CTPost article as they are the content creator of the article and have methods for readers to comment on their aritlces within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.

http://www.connpost.com/news/ci_13303786

Lauretti, Democrats at odds over zoning panel rules
By Kate Ramunni STAFF WRITER
Updated: 09/09/2009 11:38:16 PM EDT

SHELTON -- For the third time this year, the Planning and Zoning Commission has been asked to render an opinion on whether the city should sell several properties, and each time the answer has been different.

+++ Every request made for referral comments has it's own paramaters of what is being proposed that the requestor is seeking comment on. This is true of subdivision proposals/applications, and referrals under Ct Gen Statutes Sec 8-24.+++

The first time it debated the question of whether it would recommend selling a portion of the Soundview Avenue property the city bought last year for open space; the commission said yes.
The second time it came up, the commission reversed itself and said no.

+++The Mayor's office made a request for PZC comment regarding disposition of City property located at 279 Soundview Ave and this was addressed by PZC Mar10. The BOA followed City ordinance # 839 by preparing their packet describing the issue, and requested comment from the Park&Rec and ConsComm (both were unanimous to not sell the land in respect to the proposal defined in the BOA packet's request). The BOA then after receiving those responses moving further to request comment from the PZC on the same proposal CC and PRC had commented on (and the response to this request with its paramaters was unanimous to not sell the land) +++

On Tuesday, it once again looked favorably on the proposal. But some commissioners were angry that the issue even came up again.

+++ The Mayor's office asked the Chairman of the PZC for a referral/comment regarding disposition of City property located at 279 Soundview Ave, and this was addressed by PZC on Sep8 where the outcome was along party lines rendering a favorable opinion to sell. +++

"I'm fit to be tied," said commission member Chris Jones, who is running for mayor on the Democratic ticket. "This was totally done illegally in my eyes -- the whole vote was illegal."

+++ Though I understand his frustration, he is not correct in stating the vote was illegal. The Mayor can ask any commission at any time for advice on any subject. He is the Chief Elected Official and that is his right. +++

That's because the third request for the 8-24 referral, named for the state statute that requires it in the process to sell city-owned property, came not from the Board of Aldermen, but from Mayor Mark A. Lauretti.

"The chairman was instructed by the mayor to put it back on the agenda, and that is illegal," Jones said. "They didn't follow the ordinance, they are following the mayor."

+++ The Mayor has the right to request a referral and it is not illegal, but it is a different and separate request. I don't know what information was provided with the Mayor's request to the PZC, but from the P&Z Commissioner comments, there seemed to be maps that they didn't have before, so something different was provided them. Yes the Mayor contacted the PZC Chair to request/demand that his request be put on their agenda, and from the comments made by several commissioners, it seems to indicate that the Mayor had talked to them regarding this subject, or that he instructed the Chairman to talk to them regarding this subject. All those actions are not illegal, not inappropriate, and are moot because the Mayor's request and package of documents related to his request is a different subject and paramaters than the package of documents related to the BOA request that was the same as those sent previously to the ParkRec, ConsComm and PZC when they all three rendered unanimous decisions to not sell the City property. +++

Lauretti wants the city to carve out an acre of the 14-acre site to sell. He said that he has the authority to request 8-24 referrals, as well as the aldermen.

+++ The Mayor is correct. Unfortunately, his request is a different one than the process of commenting on the request made from the BOA where the information provided by them to the PRC, CC and PZC was from an identical package with no hint of apples vs oranges. +++

"This is a piece of property that we should sell," Lauretti said. "It has no economic impact on anyone or anything but the bottom line -- this is a business decision."

+++ That is not true, and is an offensive comment to me given the efforts made to follow a process that is defined for a purpose. There is more to the equation and "business decision" that the BOA will have to make than purely economics. The Park & Recreation Commission has commented from a perspective regarding the parcel's sale impacting any recreational value of the community. The Conservation Commission has commented from a perspective regarding the parcel's sale impacting any environmental value of the community. The Planning & Zoning Commission has given a referral as outlined by State Statute 8-24 from a overall planning perspective regarding the parcels value to the community's needs. +++

Jones is wrong about the whole issue, Lauretti said. "He doesn't know what he is talking about once again," he said. "He is uninformed and very deceptive."

+++ When it comes toward election time, there is a lot of mis-information to go around on all sides. +++

Jones and commission alternate Joseph Sedlock were the only commissioners who voted against recommending the sale. Sedlock was sitting in for Commissioner Leon J. Sylvester, who had to attend a wake Tuesday night. The three are the commission's only Democrats.

+++ Issues regarding property acquisition or disposition should not be politicized, but rather be based on the facts. That is why there is a process in place to ensure these subjects are dealt with transparently, rigorously, and promptly. The process is being corrupted. +++

PZC on 279 Soundview Sep8

Last night (Sep8) the PZC had on their agenda some 8-24 referral items regarding disposition of various City parcels, and I'll stick to the item 279 Soundview Ave item VI-C for purposes of my comment. I was curious why this was on the agenda, since I knew the issue had already been dealt with, so I attended the PZC mtg.

As a refresher:
The BOA should be familiar with the process of disposing of City property since they passed the ordinance at their recent mtg of 2009Feb11.

The Mayor asked PZC to render an 8-24 referral on the parcel and the PZC had it on their agenda for Mar10. The PZC had a majority vote say that it was appropriate to be sold. Although the Mayor stated that his office has the prerogative to ask for referrals at any time and for any reason, at the BOA mtg of 2009Mar12, the BOA stated that the Mayor hadn't followed the disposition of land process that is in place and they would correct that going forward. This is referencing the City of Shelton Ordinance #839 process.

Once they sorted this out at the BOA mtg of 2009Apr9, the BOA began following the defined process. At that time they asked the CC and PRC to give their opinions. At the CC mtg of 2009May6, the CC both visited the site and looked at the maps provided us by Asst Corporation Counsel Ray Sous, collectively as part of the request, and had a split vote over a recommendation. We decided to investigate the UConn Farmlink program further as it may apply to this parcel, and informed the BOA of such action. At the CC mtg of 2009Jun3 the CC had further data regarding the program and to summarize: under the conditions presented, recommended not selling with the resulting letter that was sent to the BOA on Jun10.

At the Jul9 BOA mtg, (pg15) the BOA recognized the CC and PRC response (both unanimous not to sell) and voted to take the next step of requesting PZC comment under CGS Sec 8-24 regarding the City disposing of the parcel. At the Aug11 PZC mtg (pg26) the PZC evaluated and responded unanimously not to dispose of the parcel. A letter was written and communicated to the BOA promptly for their consideration at the upcoming Aug13 BOA mtg. The BOA on Aug13 was flummoxed by the unanimous PZC negative response and wanted to take time to read the minutes (which weren't available being that the PZC mtg was held 2 days previous) to understand more fully how the PZC decision was arrived at.

The BOA could have proceeded immediately on Aug13 under the process toward sale by attempting a 2/3 majority vote in order to over-ride the PZC referral opinion on the planning perspective, and gone on further by obtaining an appraisal. They chose to wait and read the minutes when they became available, which brings us to last night.

The PZC Chairman stated during the meeting that the Mayor contacted him to have the issue put back on the agenda, and it seemed obvious that the Mayor had communicated to several members that they should reconsider their previously rendered opinion. It was stated by P&Z Commissioners that they didn't have maps and all the data available to them at their Aug meeting. If that was the case then they should have tabled the issue, but I would be surprised if that statement was correct as the PZC minutes indicate a packet was distributed and the CC had all data including maps available to it back in May when it visited the site. Outside of my passion of this being a CC subject, I was curious and did some research on whether last nights PZC action was even appropriate.

The PZC operates under Roberts Rules of Order. A motion was made at the Aug11 PZC mtg and the action (sending the opinion letter to the BOA) was accomplished.

If there is ever a question about an action during a meeting, a body may take up a "motion to reconsider". That doesn't apply as the decision was made in a previous session that is closed.
Article VI, Sec. 36. Reconsider.1 This motion is peculiar in that the making of the motion has a higher rank than its consideration, and for a certain time prevents anything being done as the result of the vote it is proposed to reconsider. It can be made only on the day the vote to be reconsidered was taken, or on the next succeeding day, a legal holiday or a recess not being counted as a day. It must be made by one who voted with the prevailing side. Any member may second it. It can be made while any other question is pending, even if another member has the floor, or after it has been voted to adjourn, provided the chair has not declared the assembly adjourned. It may be made after the previous question has been ordered, in which case it and the motion to be reconsidered are undebatable.

If the session in which a motion is made has closed, and the body wanted to change it's mind, the appropriate direction would be to have a "motion to rescind". Rick had already taken action by delivering a letter to the BOA stating the PZC decision on the 8-24 referral. Such action could be "undone" since the BOA took no action after receiving the PZC letter, and thus there was left open a possibility that a "motion to rescind" would be capable - but that wasn't the way the PZC handled it - they simply voted on an 8-24 referral issue and put themselves in the position of again flip-flopping in what is the 3rd time of stating an opinion on the same issue.
Article VI, 37. Rescind, Repeal, or Annul. Any vote taken by an assembly, except those mentioned further on, may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership. The notice may be given when another question is pending, but cannot interrupt a member while speaking. To rescind is identical with the motion to amend something previously adopted, by striking out the entire by-law, rule, resolution, section, or paragraph, and is subject to all the limitations as to notice and vote that may be placed by the rules on similar amendments. It is a main motion without any privilege, and therefore can be introduced only when there is nothing else before the assembly. It cannot be made if the question can be reached by calling up the motion to reconsider which has been previously made. It may be made by any member; it is debatable, and yields to all privileged and incidental motions; and all of the subsidiary motions may be applied to it. The motion to rescind can be applied to votes on all main motions, including questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo; or where it is in the nature of a contract and the other party is informed of the fact; or, where a resignation has been acted upon, or one has been elected to, or expelled from, membership or office, and was present or has been officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to membership or office, which requires the same preliminary steps and vote as is required for an election.

===========SUMMARY ============
The #1 Public Official told the Chair of the PZC to have items placed on the agenda, and contacted P&Z commissioners to convince them to vote a certain way. The Chair did what the Mayor told him to do (the PZC took an item on it's agenda that had already been decided upon) and the commissioners contacted voted the way they were told (rendering an opposite decision on the same question upon which it had already issued a letter just one month previous). They should have instead "rescinded" their previous opinion and amended it to state a new opinion. End result is the same outcome, and some will say it's semantics, but rules of process are there for a reason.

Letter to Editor - HuntHrld

On WedAug12 there were opinion letters to the editor in the Huntington Herald from BOA President John Anglace, and Citizens United Chairman Chris Panek. The following is my response submitted for their publishing:

** On FriAug14 I was asked to revise my letter to be >500 word limit of the Huntington Herald. The revision caused a slightly different version to be submitted and hopefully printed next week. I offer the trimmed version at the end of this entry. **

Editor,

As Chairman of the Conservation Commission, I hope to offer some clarity on the issue of Shelton selling real-property (real-estate) which was commented on in recent letters to the editor by John Anglace and Chris Panek.

The City acquires real-property for basically two government purposes. Either to provide for City needs toward infrastructure (schools, firehouse, roads, etc) or preserving community quality of life (open space, woodland forests, agricultural soil lands, fields for recreation, etc). At times the City can suffice without buying the land as a whole ("in-fee") by stretching taxpayer dollars to buy only partial ownerhips for "rights" such as an easement to utilize the property (ie: sewer or water line), or protect the property (purchase of development rights on farm and forest lands).

No matter the reason for acquisition of either easment or full ownership rights, a fair amount of thought goes into the decision process before action is taken. Likewise, if such ownership of land is sought to be disposed of or sold, there is a thoughtful process in place to make such decision. In Shelton, that is spelled out in Ordinance #832, which was recently reviewed and unanimously adopted on 2009/Feb/11.

Through its own volition or via a request received, the Board of Alderman (the City's fiscal authority) may wish to consider selling City owned real-property. If the property is signficant (having fair market value over $10k) and the BOA decides it has an interest in selling, they move into this defined process. The BOA requests commentary from the Conservation Commission and the Parks and Recreation Commission who respectively offer input on the environmental and recreational value of the property to the City and a recomendation. The BOA considers this information provided to determine if they wish to proceed, and if so, they request comment from the Planning & Zoning Commission as a formal "8-24" referral to receive their recomendation from a planning perspective.

The process continues further, but it is to that point that we have reached. The City (Mayor's office) received a request(s) and/or decided to sell five parcels of City land, and began asking for input from City agencies. The PZC responded to the Mayor's request, however the BOA halted that endeavor by bringing attention to and beginning the ordinance defined process with requesting of input from the PRC and CC. As this applies for 2 of the 5 parcels discussed in the letter to the editors (279 Soundview Avenue, 58 Perry Hill Road), the PRC and CC both returned unanimous negative comments toward a sale. The BOA then determined that they still wished to proceed and requested a referral from the PZC. Subsequent to publishing of the letters to the editor, the PZC on TueAug11 also returned a unanimous unfavorable referral toward a sale for both parcels. At this juncture, if the BOA wishes to proceed they must over-ride the PZC unfavorable referral by a 2/3 vote (super majority) to have the property appraised for valuation, and schedule a public hearing. On ThuAug13 the BOA decided to instead defer that decision until it had seen the minutes of the PZC meeting so that they could more fully understand how they arrived at their unanimous unfavorable opinion toward a sale.

I have served on the Conservation Commission for over 10 years, during which time the public has strongly supported open space acquisition, enjoying the passive recreation uses upon them and the ambience they provide to our education campuses and community at large. While I hope that unfavorable opinion from the CC, PRC, and PZC regarding selling property (some of which was just purchased last year) would collectively persuade the BOA that disposal at this time is ill-advised, I am confident that an educated public will make their desires known to the Aldermen if they continue to pursue the disposal process to the next step of obtaining an appraisal and scheduling a public hearing. Too further that education beyond what can be written in a letter to the editor, I invite readers to review further info on such issues via the blog I have maintained since 2006. http://www.sheltoncc.blogspot.com/

Tom Harbinson - ChairmanShelton Conservation Commission
submitted Aug14 10:20am

** Trimmed version below as requested by the newspaper to meet 500 word count limit ***
As Chairman of the Conservation Commission, I offer some clarity regarding Shelton selling real-estate which was commented on via recent letters to the editor by John Anglace and Chris Panek.

Shelton acquires property for basically two government purposes: provide for infrastructure needs (schools, firehouse, roads, etc) or preserving quality of life (open space, forests, agricultural lands, recreation fields, etc). The City might suffice without buying the land as a whole ("in-fee") by stretching taxpayer dollars to buy only partial ownerships ("rights") such as an easement to utilize the property (ie: sewer or water line), or protect the property (purchase of development rights on farm lands).

No matter the reason for acquisition of either easement or full ownership, a fair amount of thought goes into the decision process before action is taken. Likewise, if such ownership is sought to be disposed of or sold, there is a thoughtful process in place to make such decision that is spelled out in Ordinance #832, which was recently revised and adopted on 2009/Feb/11.

The Mayor's office received a request(s) and/or decided to sell five parcels of City land, and began asking for input from City agencies. The PZC responded to the Mayor's request, however the BOA halted that endeavor, brought attention to and started the ordinance defined process by requesting input from the PRC and CC. As this applies for 2 of the 5 parcels discussed in the editorials (279 Soundview Avenue, 58 Perry Hill Road), the PRC and CC both returned unanimous negative comments toward a sale. The BOA then determined that they still wished to proceed and requested a referral from the PZC. Subsequent to publishing of the letters in the paper, the PZC on TueAug11 also returned a unanimous unfavorable referral toward a sale for both parcels. On ThuAug13 the BOA decided to defer anymore decision until it had seen the minutes of the PZC meeting so that they could more fully understand how they arrived at their unanimous unfavorable opinion toward a sale.

I’ve served on the CC for over 10 years, during which time the public has strongly supported open space acquisition, enjoying the passive recreation uses upon them and the ambience they provide to our education campuses and community at large. While I hope that unfavorable opinions from the CC, PRC, and PZC regarding selling property (some of which was just purchased last year) would collectively persuade the BOA that disposal at this time is ill-advised, I am confident that an educated public will make their desires known to the BOA if they continue to pursue the disposal process to the next step of scheduling a public hearing. In order to further that education beyond what can be written in a letter to the editor (and even this letter was revised under request to fit within the newspaper’s word count limit), I invite readers to review further info on such issues via the blog I have maintained since 2006. www.sheltoncc.blogspot.com

Animal Shelter - Huntington Herald

The Huntington Herald has an article regarding the CC not being supportive of locating a proposed animal shelter at the City Open Space located at corner of Nells Rock Rd and Shelton Avenue.

I encourage readers to go to the HuntHrld article as they are the content creator of the article and have methods for readers to comment on their aritlces within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.

Commission pans proposed animal shelter location
Written by Fred Musante Wednesday, 12 August 2009 16:33

The Conservation Commission thinks the mayor was barking up the wrong tree when he suggested putting the city’s new animal shelter on open space property at Shelton Avenue and Nells Rock Road.

With the Animal Shelter Building Committee’s blessing, the Conservation Commission voted unanimously last week to oppose that location as an inappropriate use of open space and contrary to the development of the Shelton Greenway.
+++ Readers can go to the source and directly read our minutes from the WedAug5 CC mtg. City agency minutes are SUPPOSED TO be made public within 7 days. The Conservation Commission accomplishes this as we use google groups message board service to publicly email among members and satisfy FOI regs. This allows public to also see attachments immediately in real-time that may be sent such as field photos, drawings, letters, or scanned documents. +++

The move is the latest in a series of disagreements over the use of open space property that pits Mayor Mark Lauretti against the Conservation Commission and other city agencies.
+++ I don't know if that statement is entirely fair. The CC is purely advisory, and at times we have given opinion that is contrary to that offered by the Mayor, or the P&Z Commission, or the Board of Alderman. To say that the CC is "pitted" against the Mayor implies we are advisaries. The many accomplishments regarding open space preservation and use for passive recreation could not be accomplished without various agencies working together toward a common goal. +++

Another one is the increasingly politicized proposed sale of several other pieces of city property, which is back on the agenda for the Board of Aldermen’s meeting scheduled for Thursday, 7 p.m. in City Hall.

They include pieces of open space land at 279 Soundview Avenue and 58 Perry Hill Road that both the Conservation Commission and the Parks and Recreation Commission advised against selling, and a building at 470 Howe Avenue that the aldermen voted last month not to sell but may be reconsidering this week.
+++ This touches on an issue that is both complicated and length in history. Rather than re-iterate what I've said on the subject, search this blog with the keyword "279" to find further content. +++

In an interview, Lauretti said frustration over the slow pace for building a new animal shelter led him last month to direct the building committee to look at the corner of Nells Rock Road and Shelton Avenue.
+++ The Animal Control Shelter Building Committee has stated that they were directed to examine the parcel on Riverdale Ave, near the sewer treatment plant and the "pink elephant" (the pink elephant is the local term for the pink metal building on Riverdale Ave that provides storage for the City of Shelton). The Building Committee did Phase 1 environmental tests, and when those were satisfactory, pursued Phase 2 environmental tests, which also have come back satisfactory. Understandably, these items take time, however 2yrs does seem lengthy.+++

He said that is a central location, easy for city residents to get to, and seemed to him to be a site with fewer “hassles” for developing the animal shelter.
+++ On p.4 of our Aug5 CC mtg minutes, I specifically asked Animal Control officer Sheryl Taylor if being centrally located is essential in accomplishing her role. The Riverdale location is not in the geographic center of town, but it is quickly accessible to the arterial roads that access the entire town efficiently, and is more closely located to the population disbursement of Shelton. A central geographic location is not a criteria for site selection of the animal shelter. The Riverdale location is the first choice of the Building Committee, they have cleared the industrial site via environmental testings, had design work prepared for the site and are ready to move forward but were redirected by the Mayor to instead look at Nells Rock.+++

But hassles have a way of sprouting. Nearby residents in every direction from that corner said they also oppose putting the animal shelter there and promised that more of their neighbors would join them if the proposal advances further.
+++ The City Open Space on Nells Rock Rd is in a residential zone. Clearly, the animal shelter is not a residential use and has cause resident's concern for the conflict between uses of residential and industrial. +++

“If I have a concern, who do I address them to?” asked Mary Jane Martucci of Aspectuck Village. Marilyn Gannon of Falmouth Drive said she doubted her neighbors would want to listen to dogs at the shelter barking all day.

Building Committee Chairman Tony Minopoli and Vice Chairman Gerry Craig said they didn’t choose the Nells Rock corner. “We were basically going at the mayor’s request,” Craig said.

But they share the mayor’s frustration at the city’s inability to find a location, and Minopoli predicted that sooner or later state officials would put pressure on the city to get the project moving. “Speaking for the committee, we don’t care where the property is,” said Minopoli.
+++ I believe the Building Committee has said they found a location, and examined it, and it is their choice. I think a better phrasing would be "the City's inability to ACCEPT a location". +++

Lauretti said he didn’t care either. “It makes no difference to me,” he said.
+++ It would seem constructing the shelter downtown at the Riverdale location first examined by the Building Committee under direction of the Mayor, duly examined for environmental issues at first a Phase 1 and then more detailed Phase 2 level, and for which there is a building design, is the correct direction: Move forward in progress toward completion at Riverdale Avenue. +++

The current animal shelter at 20 Riverdale Avenue is too small and outdated. The building committee members said they propose a new 5,000-square-foot facility, about four times the size of the present shelter, and include an “adoption room” where people thinking of adopting a dog can meet it in a socially favorable environment.

A piece of land on Riverdale Avenue is available for the facility, and minor brownfield pollution there is not seen as an insurmountable obstacle.
+++ The Phase 1 and Phase 2 environmental studies show minor contaminates that would be expected on a former industrial site location. Similar to the Riverwalk and Farmer's Market areas, those issues of contamination, even when significant (which it is not in this case), can be resolved. +++

But Lauretti wouldn’t give the parcel his okay because of concerns it might be needed in the future for an expansion of the city sewage treatment plant.
+++ There is some confusion on timeline in the article. I do not believe that the parcel adjacent to the sewer treatment plant is the parcel studied for environmental issues. Why would the Mayor direct the building committee to examine a location and conduct environmental issues on a site he knew might rather need be reserved for sewage treatment plant expansion? I think the article is mixing apples and oranges in discussing different parcels on Riverdale Ave. +++

School bus drivers currently park their cars on the parcel. The school bus parking lot across the street can’t be used for the animal shelter because it is in the Housatonic River flood plain zone.
Minopoli said the new shelter would look like a New England barn. But the appearance wasn’t what drew the Conservation Commission’s opposition.
+++ To clarify: A) Expanding/rebuilding on the current shelter site is no good because that is needed as reserve to sewer treatment plant expansion. B) Building on bus parking lot location is inappropriate due to flood plain level above the adjacent river. C) The desired site, where Phase 1 and 2 studies have taken place to give it a clear signal to move forward, is where school bus drivers currently park their personal vehicles when arriving for work. The puzzle seems to be not where to locate an animal shelter, but where workers should park their cars to come to work. +++

The land, acquired from the Bridgeport Hydraulic Company, was financed by a bond sale approved by city voters in a referendum. Members of the Conservation Commission said deed restrictions require that the land must be used for “passive” non-sports type recreation, such as hiking, bird watching and fishing.
+++ The land on Nells Rock (and separate parcels elsewhere in town) was Class 3 watershed land purchase as open space from a water utility company. The Ct General Statutes require that 85% of the total acreage in the purchase agreement MUST be used for passive recreation - a term defined in the Ct Gen Statutes. A large amount of acreage from the purchase was used to construct the Shelton Intermediate School, and significantly impacted the City's ability to be flexible in how the remaining acreage on the balance of parcels could be utilized. This was understood and planned for when the purchase concept was promoted to the public in anticipation of a bonding referendum (bonded $6,672,500) to help fund the total purchase cost. The residents agreed with that direction to purchase the land for open space on 1997Jun3 by voting 89.5% in favor of it. (607 residents voted "no" out of a population of 38,101 according to the 2000 census) +++

The corner parcel is also located in the middle of the Shelton Greenway, an open space corridor devoted to those passive recreation activities.
+++ The Shelton Lakes Greenway is the more accurate term, as there are several greenways in Shelton as shown on our Open Space Plan. These assemblages of parcels create a corridor of acreage which facilitates greater passive recreation use, but also wildlife migration and larger protected animal habitats. +++

The Conservation Commission is also on record opposing a dog park there, at odds with the Parks and Recreation Commission, which supports it.
+++ The CC is not unanimous in their opinion regarding a dog park, which is a separate issue from the Animal Control Shelter. +++