Ahern Questions IWA Review, Seeks Nominee Info
Five appointments that weren't on the Board of Selectmen's (BOS) agenda still managed to become a hot topic last night, after Third Selectman Jack Ahern (D) raised a question pertaining to changes headed for Branford's Inlands Wetlands Agency (IWA).
"Apparently next month we may have some important appointments," said Ahern, addressing First Selectman James B. Cosgrove (R). "It's my understanding that there's an investigation going on with current members of a certain board in town."
See the story on the review, which began over eight weeks ago, here
"I'm getting a lot of people calling me, a lot of questions. If there is in fact an investigation, I just want to know what the results are of that before I vote either way on those appointments," Ahern said.
Cosgrove specified what was taking place at the town level was not an "investigation," but added, "...certainly, we are reviewing."
"I have a responsibility to protect the town from any exposure. I think we all have a responsibility to make sure (that) the people have confidence in the town that we do handle everything in a fair process," said Cosgrove. "So after those allegations were made, certainly, we're reviewing what was done."
"Were the people that are being accused of these things, have they been interviewed? " Ahern pressed. "Have they been able to voice their opinions or their statements on what happened or what didn't happen?"
"I'm not going to get into the whole history of it right now," Cosgrove answered, adding, "I'm not going to discuss any personnel matters at a public meeting."
As reported in the story on the review at Zip06, on March 24 Cosgrove issued a statement saying a "careful review" was underway of "the issues and information raised in the recent press report regarding the conduct of certain individuals involved in the Costco wetlands application process." The press report was a March 21 Branford Seven blog post alleging Wetlands Enforcement Officer Diana Ross and IWA chair Daniel Shapiro (U) of "corruption, collusion and lies" while working with engineering firm Milone & MacBroom to finalize a peer review report. The blog listed changes in emails between Ross, Shapiro and Milone & MacBroom between the March 7 draft and March 9 final letter sent to Costco. Costco released a statement on March 24 in reaction the blog report; expressing "disappointment." Milone & MacBroom disputed the blog report's allegations and stands by the actions as standard operating protocol. Ross and Shapiro, to date, have not commented. Ross has continued in her duties as the town's Inlands Wetlands Enforcement Officer and Shapiro has continued in his role leading the IWA.
Also as reported at Zip06, following a four-part public hearing, the IWA was set to vote on the Costco application on April 28. But on April 26, naming concerns with the current IWA's process, Costco withdrew its application. Cosgrove responded with a statement that he will "remain committed" to bringing Costco to Branford as a key economic driver and boon to the tax base. See the story here
The Costco withdrawal, and Cosgrove's response, came just about one month ahead of May 31, 2016 expiration date for five IWA appointments; including Shapiro, two other commissioners, one vacated seat, and one alternate. Appointments voted in by the BOS, with nominees brought by the First Selectman. Right now, the stakes for the IWA appointments are especially high. If and when Costco resubmits its application, it could go before a very different IWA, based on who is appointed next.
Right now, re-appointments for Shapiro and at least one other commissioner, James Killelea (D), seem to be at risk with a Republican-led BOS at the wheel. Last week, in response to a majority IWA vote (4-3) on May 12 to revise regulations, Cosgrove issued a scathing statement condemning the actions of the IWA majority vote -- and Shapiro and Killelea had cast two of those four majority votes. See the story here
While Cosgrove has stated, as he did again last night, that individuals as well as town political parties are welcome to send him nominees for review; his last actions to nominate three new IWA members in Aug. 2015 certainly didn't reflect the wishes of the Democratic Town Committee (DTC). The DTC sought to re-appoint two sitting IWA members with a combined 34 years' IWA experience. Instead, Cosgrove named two new appointees and also removed a sitting alternate. In addition, the two new appointees were made voting members over sitting alternates. At the time, Cosgrove said the change was needed to "balance" the board; and Second Selectman Joe Higgins (R) agreed, saying that "change is good," and voting with Cosgrove to make the appointments by a BOS majority vote of 2-1 (see the story here ).
At last night's BOS meeting, Ahern said he has been doing his best to keep up with the issues concerning the IWA as they are being reported in the news. He also said it's been reported that the DTC has, "... put forth names" for IWA appointees to fill the May 31 expirations.
"Then this (review) came to light afterwards; and I'm trying to figure out if we should still support that or not. And I don't have the means to do that without your help," Ahern told Cosgrove.
Ahern also said, "People want to know, if there is an investigation, the outcome of that. It should be known before people are perhaps potentially knocked off a board they've been on 20 or 30 years. Or they should be knocked off, because of something that they did improperly (or) incorrectly."
Higgins said of those inquiring about the review's outcome, "...they've got to realize that during the investigation, that's not going to be released."
For his own part, Ahern said, "...I don't know much more than I read, and I don't know if that's true. Between now and (the IWA nominations) if we could have discussion, it would be helpful."
Ahern asked to be included in receiving any information regarding conduct review of the IWA; and also asked for timely information on who is being nominated for the upcoming IWA appointments, rather than getting nominee information one day before a BOS meeting.
"I'd like to know who I'm appointing or I'm not appointing. I'd like to know who I'm going to appoint or vote against," said Ahern.
Town charter won't allow all three selectmen to meet outside of scheduled BOS meeting, something that's been an issue for many a Third Selectman (generally the out-numbered political party on the three-person BOS). The same problem was an issue when Cosgrove was Third Selectman on a Democratic majority board, as Ahern reminded Cosgrove last night.
Cosgrove said resumes and other commission nominee information will be made available from his office.
"Any information you need, or feel you need in or to make a decision... in order to whether to appoint or make a reappointment, I certainly encourage you to seek out that information," said Cosgrove. "I have offered in the past, if you have had some concern; and certainly I think we have given you opportunity to contact people after the fact. We've held things off."
Ahern interjected, "If I get information on Tuesday it's difficult to call people (and) interview people. And then I get accused, if I abstain from a vote (on Wednesday), of 'How can you do that?' Well, because I don't have the information."
Cosgrove said last term, when former Third Selectman Bruce Storm (D) was in Ahern's seat, Cosgrove afforded Storm an opportunity to get information based on a concern with a nominee, and that same opportunity is available Ahern.
That being said, Cosgrove added, "I'm certainly not going to delay something that holds up work that needs to be done; by any means."
Cosgrove concluded the discussion by saying, "Selectman Higgins made a statement in the past, which I think holds true: 'Change is good.' And sometimes, it's needed. I'll leave it at that."