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06/04/2016 09:40 AMWeathering criticism from opponents, First Selectman James B. Cosgrove stood by his decision not to re-appoint expired terms of three members of Branford's Inlands Wetlands Commission (IWC) on June 1. In response, ousted former IWC chairman Daniel Shapiro said he'll ask the state to call a moratorium on Branford commercial building, oversee IWC activity, and launch an investigation into a town review initiated in March.
Cosgrove's decision reflects what he said is a desire to allow more citizens to get involved in town boards. A total of four expired IWC terms were filled June 1. Cosgrove removed Shapiro, who had 22 years on the IWC; as well as commissioner James Killelea and alternate Stephen Gangi. Cosgrove also made an appointment to fill a vacated seat.
Cosgrove re-appointed IWC commissioner Peter Basserman, elevated alternate Richard Greenalch, Sr. to commissioner and appointed new member James Sette as commissioner; while also bringing on new alternates Sandra Kraus, Eric Rose and Rick Ross. Commissioners John Rusatsky and Suzanne Botta are continuing terms which expire in May 31, 2017 and commissioners Merle Berke-Schlessel and James Goggin continue terms expiring May 31, 2018. The IWC is made up of seven voting members and three alternates all serving three-year terms.
Last August, Cosgrove removed long-standing IWC commissioners Richard Orson and Wesley Vietzke and alternate Leo Stanlake. At that time, he appointed Berke-Schlessel and Goggin as commissioners and Greenalch as an alternate.
During the August 2015 and June 1 appointments, supporters of re-appointing sitting IWC members raised the desire to keep long-standing members due to either their professional expertise in fields related to Inland Wetlands (IW) or years of experience successfully navigating and implementing regulations on behalf of the town.
In advance of the Board of Selectmen (BOS) 2-1 vote to appoint new IWC members on June 1; Third Selectman Jack Ahern, the lone BOS Democrat, suggested tabling the vote. Ahern said he'd hoped for more time to review nominee resumes; something he'd requested at the last BOS meeting.
However, following Town Charter, the First Selectman's office made the agenda and nominee information available to the Third Selectman the day before the BOS meeting. The practice, together with an edict which doesn't allow the three-member BOS to gather without notification of a public meeting, has been a bone of contention with BOS minority members stretching back through past administrations.
Saying he felt "...we're not vetting anybody; at least, I'm not," Ahern said this particular vote applied to "an extremely important board." Adding he's been "accused" of being a Costco opponent, Ahern said he's actually in favor of Costco.
"But I'm also in favor of how the processes should be done in this town," said Ahern, adding, "...over the course of the last few months, the processes have not been adhered to."
One process under scrutiny has been a review of town Inlands Wetlands (IW) staff, announced by Cosgrove on March 24. Cosgrove said the review was to be conducted in response to allegations made in a report by local blog Branford Seven. The blog used Freedom of Information to access emails between IW Enforcement Officer Diana Ross, Shapiro and the town's hired engineering firm. The report pointed out draft changes made on the way to finalizing a peer review sent to Costco. Costco released a statement on March 24 disparaging the reported actions of the town staff. The engineering firm which conducted the peer review, Milone & MacBroom (Cheshire) responded to the accusations by stating such draft revisions are standard practice.
When it is completed, the review should answer questions about whether or not Ross, Shapiro and the engineering firm followed standard procedure or, as the blog stated, participated in "corruption, collusion, and lies."
Cosgrove said a review involving town personnel cannot be discussed publicly.
Shapiro has been silent on the matter publicly but that changed following the 2-1 BOS vote on June 1; when Ahern read into the record a letter from Shapiro addressed to Cosgrove. Shapiro was not present at the June 1 BOS meeting.
Shapiro wrote that Town Hall is holding IWC staff "...under a cloud of a supposed investigation. This is clearly used as a means to bully and intimidate staff so that they are insecure in executing their tasks and legal duties with regard to the IWC."
Shapiro went on to write, in part, "Owing to the fact that your administration will do anything but the right thing, I feel compelled to write to the State Commissioner and ask that decision making for Branford Inland Wetland resources be taken out of our Town hands and managed by the state, as well as placing a moratorium on commercial building until a real investigation on what transpired here takes place, not a mock one built on false pretenses as you propose to conduct."
Over 40 members of the public attended the Board of Selectmen (BOS) meeting June 1. Resident Janet Riesman said she saw Cosgrove's appointments as "cronyism."
Riesman lives on East Main Street near land involved in this spring's controversial Costco IW application site plan. The application was withdrawn in April, with applicants citing essentially a vote of no confidence in the IWC. Cosgrove, who has stated he feels most residents want Costco in Branford, also has stated he will "remain committed" to bringing Costco to Branford as a key player in the town's plans for economic and tax base growth. Costco can re-submit its application to the newly-shaped IWC. As of press time, the application had not been resubmitted, according to the IWC office.
Riesman said the IWC needs to be populated with qualified people.
"There is no indication whatsoever that any of these (appointees) have qualifications in the field of wetlands and watercourses. They are being appointed at the whim of the (First) selectman because they are pro-development," said Riesman.
She called for citizens to petition for a referendum to table the appointments.
"We need greater transparency in how people are chosen. It shouldn't be a matter of cronyism, but a matter of qualifications," Riesman said.
Shirley McCarthy, a resident who chairs the Branford Community Forest Commission, said she has enjoyed working with Cosgrove as a citizen volunteering on a town commission, but was disturbed to see incoming IWC appointees who lacked the experience and expertise of those they would replace.
"You wouldn't want a team of surgeons to decide that 'Change is good; we're going to bring in people that have never done surgery.'" McCarthy said. "It's the same with Inlands Wetlands. It is a science; and I think expertise is important."
Regarding qualifications of appointees, Cosgrove responded, "Our government is made up of volunteers; citizens that want to come forward and serve. The qualifications that I look for – there's no qualifications stated in the Town Charter, however I try to look (at) things reasonably and make an impartial decision. We do have regulations and mandates that need to be followed and that's all I ask of any commission member, is to apply the regulations as written. That's all I ask."
On May 13, Cosgrove clearly stated his disapproval of what he felt was the former IWC's failure to follow procedure. On May 12 the IWC voted (4-3) to adopt revised IWC town regulations the commission had in the works for two years. Cosgrove disparaged the IWC vote; noting the commission had initially decided, on April 28, to wait for legal review of the regulations before voting to adopt. That same point was noted by Commissioner Basserman at the May 12 IWC meeting.
In casting his May 12 vote in favor of adopting the revisions, Shapiro said, "...as far as legal review, I don't think it's a huge change off what we have, I don't think it's tighter than the existing regulations. I think there are a lot of clarifications in there. I don't think it's a pioneering activity; I don't think we're breaking new ground. Anybody can appeal anything, but that's never a good reason not to do whatever you think is the right thing, as far as I'm concerned."
Shapiro, Killelea, Rusatsky and Botta voted in favor to win the majority decision May 12. Basserman, Greenalch and Goggin voted against.
The next day, Cosgrove blasted the IWC for what he termed an, "... unprecedented abuse of power," going on to state, in part, "Ignoring a prior vote of the Commission for legal review was not about protecting wetlands, it was pure politics. Certain members have again manipulated a public process to serve a political agenda that has nothing to do with the best interests of the citizens of Branford. This is the kind of bureaucratic arrogance that destroys public confidence in local government."