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08/06/2015 06:40 PMThe newly-elected Stony Creek Association (SCA) Executive Board convened Aug. 4, following an election punctuated by Facebook posts calling for voters to oust those incumbents perceived as anti-Legacy Theatre and anti-Costco in Branford.
The new 10-person SCA board voted in on July 6 consists of four incumbent members (Josh Brooks, Sam Kirby, Mark Richter and Sandra Fischer) and six new members (Robert Babcock, Theodore Ells, Michael Infantino Jr., Christine Chiocchio, Jerald Greenvall and James Walker).
SCA Officers were also elected July 6. Incumbent President Daniel Bullard, incumbent Treasurer Gregory Ames and incumbent Tax Collector Nick Fischer were each re-elected to their posts.
At the time of the election, Bullard was among a number of incumbents targeted via Facebook posts. Bullard helped lead SCA in its fight against the town's allowing certain additional activities and uses for the Legacy, and any future building tenant. He was also among at least five immediate past SCA board members giving input against bringing Costco to Branford during public hearings this spring.
On Aug. 4, Bullard, who also serves on SCA's three-member Nominations and Elections Committee, spoke out about accusations that he attempted to "pack" the board during the July election.
"It's been recommended I keep my mouth shut, but I changed my mind," said Bullard, speaking to the SCA board and about a dozen residents at the meeting.
Bullard's comments came ahead of night's scheduled Executive Session to discuss current mediation underway in SCA's lawsuit against Branford Zoning Board of Appeals (ZBA). The suit is fighting the ZBA's decision and process in upholding a fit-up application allowing the Legacy what the SCA feels are broader than originally proposed uses and activities at the former Puppet House on Thimble Islands Road.
"I have been accused of packing the board and of being biased toward the Legacy Theatre," Bullard said. "I would first like to address packing the board. I was on the nominating committee to get people to run, along with others, and I personally asked (four) people to run: Bob Babcock, Mike Infantino, Christine Chiocchio and Erica Cheney. To my knowledge, at that time, I did not know Bob Babcock's position (or) Mike's position. I assumed Christine, being an artist, would be in favor of Legacy Theatre; and I don't know Erica's position, and she didn't get elected. So I had no interest, whatsoever, in getting people on the board that are pro-, anti- or any other way with the Legacy Theatre. None. So now that is 100 percent out there, with total clarification."
Bullard later added SCA has had trouble in the past finding enough candidates to run for the board, compounded by people leaving during their term, "...so it's necessary to get 13 or 14 people willing to run, and that was my objective. Not Legacy Theatre," he said. "To the best of my knowledge, I had one vote – and there were many votes cast. I really take it as a personal affront that somebody would insinuate that I had the power or the inclination to do anything that even resembled what that (packing the board) was talking about. I had one vote. Some of them I voted for are not here; and some of them that I did vote for are here."
Bullard's next step was to further clear the air by outlining the SCA's existing Conflict of Interest policy. SCA bylaws explain board members who feel they have a personal or finanical conflict in a matter may either recuse themselves or ask the board to vote on whether the member's conflict is deemed "insignificant" to allow participation in discussions or votes.
With that understanding, Bullard then asked each board member to state if they had a conflict of interest that would preclude them from discussion or voting on the Legacy Theatre matter. Some members disclosed they'd made donations of goods or services to non-profit Legacy. Bullard said he gave $100 to an early Legacy fundraising drive. Richter disclosed his business, Stony Creek Package Store, had donated a case of wine to a Legacy supporter for an event. Richter said he'd also done computer work for Legacy Theatre's Managing Director, Greg Nobile, but the computer work was for a separate business owned by Nobile and not for the Legacy Theatre. Infantino disclosed Legacy Theatre had chartered his boat, the Sea Mist, on past occasions for private Thimble Island excursions.
When a resident attending the meeting made note for the record that, in the run-up to the July 6 election, Infantino had shared someone's Facebook post recommending voters support a list of SCA board candidates perceived as pro-Legacy, Infantino answered "it was not my intention." The resident pressed the point, asking, "...what will happen if in fact Legacy Theatre does come and you have a package deal -- 'go to the theatre, go on the boat'? It's a financial advantage to you."
With regard to that comment, SCA's legal counsel, Attorney Tim Lee, said to the board, "You guys are all elected officials (and) you're allowed to have opinions. You're allowed to be in favor of the Legacy Theatre or against the Legacy Theatre. That doesn't preclude you from sitting on the board and making decisions. What would (is) having a personal interest or a financial interest in the theatre which would impact your ability to act fairly or impartially. So the fact that you may have been in favor of the Legacy Theatre prior to your election, I don't think precludes you from sitting on the board."
To Infantino, Lee added, "...if you have a package deal lined up" with Legacy Theatre, "...then I think you would have a conflict. If you don't have that, I think you don't have a conflict."
"Thank you. I don't have a package deal with them and I feel fairly confident to say I don't need the Legacy Theatre to survive," Infantino responded.
Ells disclosed his past board membership with Connecticut Historic Preservation Trust (CHPT) ended in 2012, so he was not on the Trust's board in 2013 when he notified the Legacy Theatre of an opportunity to apply for a grant, through CHPT, for a new roof for the Puppet House building, which the Legacy did apply for and received.
Ultimately, all SCA board members present on Aug. 4 (Brooks was absent) were accepted, by board vote, as having no conflict of interest in the matter of the Legacy Theatre. The board then moved to Executive Session, with the only action taken to "...continue the mediation process," Bullard later told The Sound.