CONNECTICUT RIVER GATEWAY COMMISSION

 

WORKSHOP MEETING MINUTES

 

June 16, 2009

 

Present/Absent:

Chester:                      Margaret Wilson, Martha Wallace

Deep River:                  Amy Petrone, Nancy Fischbach

East Haddam:              Harvey Thomas, Robert Boulware

Essex:                          Ellen Whaley, Fred Vollono

Fenwick:                       Chuck Chadwick

Haddam:                     Susan Bement

Lyme:                           Kevin Mazer, J. Melvin Woody

Old Lyme:                   Vacancy, Ted Crosby

Old Saybrook:                        Madge Fish, David Lemay

CRERPA:                      Steve Williams

Midstate RPA:             Raoul  De Brigard, Stacia DeMichele

DEP:                            David Blatt

Staff:                           J.H. Torrance Downes

Tidewater:                    Judy Preston

Guests:                        None present.

                                   

 

Call to Order

Chairman Melvin Woody called the workshop of the Gateway Commission to order at 7:45 pm in the CRERPA meeting room. 

 

Brief preliminary discussion of the origins of the $1MM award through Julian Rosenberg.  DiBrigard suggested that having original participants talk about their memory of those issues.  Thomas suggested an oral history of such a discussion be recorded and transcribed.

 

Chairman Woody began with a brief introduction for the workshop – to discuss priorities and direction for the Gateway Commission in the upcoming year given all the opportunities that exist.  Discussion of “what we do, why we do it and how we do it” through resurrection of committee structure from the past.  Broad categorization of “functions”.

 

Nancy Fischbach described her thoughts on committee structures as shown on her 5/28/09 outline.   The committee categories include Publicity, Acquisition, Stewardship, Referrals, Standards, Finance, Rules, Education, Outreach and Membership.  It was pointed out that some of the committees previously existed but are now inactive while others were new ideas.  The committee list was presented less to promote the establishment of the committees but rather to list what Fischbach considered as major areas of function for the Gateway Commission.  Discussion included ideas such as having fewer, broader categories of function.  An example would be that Publicity, Outreach and Education could fall under a category entitle “Community Relations” or other agreed upon title.  Land-related functions such as Stewardship and Acquisition could be included in one category as well.  Finance committee, it was noted, is the only active committee, thanks to Peggy Wilson.  Rules and procedures haven’t been dealt with for a while.  Education deals with the public.  Outreach deals with Commission, Selectmen, etc.  Membership might include one or two Commission members and would involve calling those who aren’t able to attend as frequently.

 

Woody discusses the past shift from acquisition to education based upon the increasing values of properties.  Where a Publicity committee formerly dealt with making sure acquisitions were accompanied by newspaper stories, now “publicity” includes the educational materials developed by Judy Preston.

 

Thomas discusses two educational efforts:  materials for the public to teach good stewardship and materials that promote the accomplishments of the Commission, i.e. the fact that the Commission has surpassed $1MM in contributions for land preservation and conservation.

 

DiBrigard suggests that Outreach and Education also includes the connections necessary for standards adoption such as discussions with Commissions, Boards and staff.  Community Relations can include Outreach, Education, Publicity.

 

Crosby wonders whether or not referrals haven’t been made from some of the eight towns. Stasia suggests that turnover in Commissions and Boards can lead to misunderstandings regarding Gateway needs.  Crosby feels that staff and possibly others need to be “churning” through towns making connections.  Fischbach suggests that, once a year, a community’s Gateway member or members should appear at a P&Z meeting to offer services.  Staff should relate to staff, Commission member should deal with P&Zs – peer to peer.  In Old Lyme, Crosby feels that GW members haven’t connected with the town’s commissions in years.  Where GW members are Commission members, a connection/steward exists.  If members are not P&Z members, then there can be a disconnect.

 

Krause has long been the public face of CRERPA at local meetings.

 

Fischbach indicated confusion of job descriptions between Commission members and staff and commented on the fact that, with funds down, tasks could be handled by staff and members, depending upon the task.

 

Fischbach asked if, prior to diving into the details of the memos, perhaps a broader “big picture” discussion should occur first.  Talk should shift to the question of the larger tasks – land acquisition, stewardship, education, etc.  Such an approach was presented in Thomas’ memorandum.

 

Thomas’ approach starts with the authorizing language to pinpoint what the GW duties should include.  Language suggests that the mission includes more than the visual protection and includes ecological protection as well.  Should reviews and efforts include a larger component of ecological, scientific and historical values of the lower river than currently is occurring?  Woody comments that the instruments available were the standards, the “freezing” of the zoning in a way that existed in the early 1970’s.  The other was the State bonded $5,000,000 to buy easements, not fee-simple.  GW only got $500,000 until the Julian Rosenberg award was made.  GW had to work from their position of strength – the zoning regulations and through the P&Zs.

 

Thomas’ impression is that reviews including variance applications could legally include more ecological review than currently occurs.  Might the GW be “underperforming” with respect to statutory authority?  Crosby wonders if the GW has the jurisdiction to review for ecological impacts.  Fischbach reads the Legislative Finding for the Gateway Commission and suggests that statutory language may authorize such reviews.  DiBrigard discusses that standards are authorized for protecting the “natural and traditional riverway scene”, thus the emphasis on more the visual and less on the ecological.

 

Woody comments that ecological issues are being addressed through efforts such as those being addressed by Tidewater, but the GW is limited by what can be included in standards.  Peggy Wilson indicates that during rewriting standards, much discussion occurred on the hand-in-hand aspect of the visual and ecological resources.  Thomas would argue that the GW should be more proactive in protecting the ecological and historical features of the river.  The zoning regulations can be “pretty elastic” and include issues such as archaeological resources.

 

Crosby comments that standards have been proposed with some accepted and some not.  In one town, the entire new standards have not been adopted.  So, no matter what the standards address – visual or ecological – they’re “not selling”.  The best standards should be proposed and where there’s disagreement in a Town, a better “sell job” is needed.  Lesser standards shouldn’t be proposed. 

 

Fischbach queries if all of the various versions of the standards have been adopted by all eight towns.  What has and hasn’t been adopted?  For example, East Haddam didn’t adopt standards but developed their own in a way that was supported by the GW.

 

Fischbach summarizes that almost all of the discussion has regarded outreach in some way, shape or form.  Crosby refers to the fact that Krause spent much time on standards and feels that it’s not what happens in GW meetings, but what GW members “take back” to their towns. The town’s connection to the GW is mostly through letters written. Why isn’t the Gateway member called by the local Commission or Board “called to” meetings to be available for answering questions?  DiBrigard comments that staff should be, most important, furthering relationships with town staff.  He mentions the “checklist” for variances prepared of late.  The checklist should include ecological considerations per Thomas’ comment.  Staff conclusions and recommendations on variance applications should include ecological considerations.

 

Woody and GW in general agree with the suggestion that a GW member should appear before a commission once a year.  The GW is a “collaboration of the towns, not a supervening authority”.  Build relationships, Commissioners to Commissioners and staff to staff.  GW is seen as “threatening”.  Relationship building will lessen this issue.  Members to appear when there’s not necessarily a problem or a proposal on the table.

 

Crosby – the June 25th MCCF open house at the river museum is a promotion of the Gateway Commission.

 

Thomas comments that the GW should be offering something to the Town.  What does GW “bring to the table” that’ll have them “invite the girl to the prom”....  Gaining more exceptence, having Commissions want to do business with GW is a goal.  Crosby indicates we’re bringing a “standard”.  In addition to standards, bring expertise and instruction on science, experience, etc. and help the Town with how to apply it.

 

Downes comments that putting a face to the GW and explaining all of the statutes and responsibilities of the GW and a local Board has proven to be somewhat of a carrot.  He also indicates that in addition to staff, it is important that members participate as well.  GW members are a member of the community, not some stranger.

 

Madge Fish comments that it is a member’s responsibility to communicate in their town, to deal with the ZEO, the Town Planner and all the Commissions and Boards.  Its especially important to have a relationship with the First Selectman and the Board of Selectmen.  There has to be support and interest from the elected officials in local government.  Such communication is the GW homework that must be done.  The ZBA must be “looked in upon”. 

 

Fischbach asks if Old Saybrook’s Gateway regulations are strong because Madge is a Zoning Commission member?  Woody comments that although Mazur doesn’t attend GW meetings, but he’s connected to Woody and supporting the GW at P&Z.  Regarding membership, Downes reports that the “all hands on deck” memo to GW members resulted in the resignation of Scott Thompson.  When going to the towns, a history should be discussed, the reason why the compact was established over thirty years ago.  Current Commission and Board members aren’t original members who know how and why the Gateway started in the first place.  Crosby relates his “what does eagle taste like” story.

 

DiBrigard queries on variance review process and suggests that, if important enough, the letter to the local Board should be read into the record with a GW member to answer questions on the decision.  Staff could suggest in particular circumstances that a member appear at the local meeting.  Crosby indicates that the Town won’t request Gateway presence at a meeting, its up to the Commission/staff.  Downes indicates that he has to prioritize connection with town staff and Commissions/Boards.  Fischbach suggests that GW rep should attend as well as much as possible, for positive or negative report is being presented.

 

Crosby raises the example of wind turbines in Old Lyme and help that can be provided through similar situations in other towns.  Fish indicates that courts are supporting regulatory language referring to “the look” of a town. 

 

Woody discusses acquisition and indicated that in the past, members used “prowl” the area for opportunities.  Fischbach suggests that Town Plans identify land for acquisition. Blatt indicates DEP has the same.  Woody indicates that an acquisition committee should be re-established so that initiation of acquisition can be started.  Woody also questions whether or not the GW should “own” either land or easements.  If not, stewardship issues are moot.  Discussion on whether or not statutes differentiate the purchase of land with State funds vs. the private funds held by the GW.  Wilson reads statutes.  What if State contributes to purchase?  Wilson feels that money from the State refers to GW using money that was provided to them by the State.  With land off the GW “books”, insurance costs go down.  Wilson indicates that the problem with owning land is really one of lack of ability for stewardship.

 

Fischbach discusses easements that are given to the State.  The State doesn’t “steward” such easements.  Blatt indicates that theoretically they do, but they don’t have the resource to effectively steward.  As such, to what extent should the GW philosophically maintain an interest in easements.  With easements, GW should keep track of underlying ownership of easements.   Woody suggests reviving acquisition/stewardship committee with such committee handling review and making report to full Commission.

 

Another night has been considered for additional discussion.  Should GW form the two groups discussed?  Acquisition/stewardship and Community Outreach.  DiBrigard suggest that a committee of one or two can discuss job description for staff with staff.  Fischbach suggests that Downes start an outline of his job description for circulation and discussion.  Fischbach asks that one list of the meeting dates for the various P&Zs and ZBAs be compiled for consideration.  Thomas queries whether GW should develop an approach for outreach strategy for GW talking to Town boards/commissions outreach programs.  Downes and several GW members would be appropriate.

 

Woody summarizes that finance committee exists, and outreach and acquisition committees have been identified as important as this time.  He wonders why a job description is necessary at this time.  There are several “known things” that are job requirements. What does Downes think regarding the types of projects that should be assigned to him.  Thomas queries whether there is there a “contract” between GW and CRERPA?  Downes suggests that an assignment of priorities is more important that a “job description” which he will prepare.   Blatt queries what the availability of Tidewater will be going forward. Crosby reminds that Preston has submitted a proposal.  Members discuss of projects to be undertaken by Tidewater and how to contract with Preston.  DiBrigard wonders whether it should be staff that oversees independent contractors.  Downes indicates that he has had conversations with Preston regarding status of the inventory work.  Fischbach wonders if it would be helpful to have a GW member be a part of a subcommittee for such discussions.  Not necessary for Downes, but if the GW wants that, that would be fine as well.  Downes could have monthly meetings if there were “product” updates.  Thomas suggests that Downes could be supervisor of “contracts” on behalf of the GW and indicates that a better handle on “products” will be desired for upcoming projects.

Downes indicates he will pursue discussions with the ZBAs.  Stasia cautions that, with elections coming up, starting such discussions prior to elections may result in discussions that may have to be repeated with newly elected members.  Stasia suggests that perhaps staff should be talking to staff first.

Woody indicates that if several committees have been identified, how will committee membership be determined? Should it be determined “tonight”.  GW agreed to discuss this further at the next workshop yet to be scheduled.

 

Adjournment

There being no further discussion, Sue Bement moved to adjourn the meeting at approximately 9:30pm, seconded by Harvey Thomas. 

 

 

The next workshop is scheduled for Monday, July 13, 2009

 

 

The following is Nancy Fischbach’s synopsis of the meeting. Figured that I might as well include it. Hopefully there aren’t conflicting thoughts.....

 

Torrance will be sending you more detailed minutes from our meeting Tuesday night, but here is the synopsis we thought might be helpful to all. 

 

As our Chairman said, we were looking at what we do, why we do it, and how we do it.  There was a review of our duties, the statutes, and our funding (which was clarified as not being from the state, the state's only money having been spent on land years ago).  There was consideration of our role in the preservation of ecological, archeological and historical characteristics of the district, as well as the scenic.

                      

We found that in looking at our various areas of responsibility, natural groupings occurred.  Land Acquisition, Stewardship and possibly Referrals fell into a "Land" group, and Outreach, Education and Publicity fell into a "Community Relations" group.  Similarly, our Rules of Procedure and Membership could be paired.

 

Much of our discussion came back to "Community Relations", with increasing recognition that much of what we do depends on the relationship we have with town land use agencies, land use staff, selectmen, Gateway property owners, and the public at large. It was agreed that Torrance would begin outreach to ZBA staffs right away, and that would be followed by outreach by commission members to their local ZBAs, Zoning, and Planning Commissions, as well as First Selectmen, perhaps involving an annual appearance at these agencies' regular meetings.  Torrance would also start attending the ZBA hearing if Gateway has commented against a variance.

 

As to the "Land" group, it was noted that State Statute appears to allow for Gateway's holding of land, so long as that land is not purchased with state funds.  It was agreed that acquisition today might mean going after easements rather than ownership, and that stewardship still applies, even if the land or easement is not in Gateway's name, especially considering the resources for the holder of those easements and land (often the state) is limited. 

 

There was some discussion on process and the benefits of having committees make recommendations to the full Commission.  It was thought that this might make our monthly meetings more efficient.

 

It was agreed that two committees will be formed at our Regular Meeting next week:  Community Relations and Acquisition/Stewardship.  These two committees would be charged with making recommendations as to what each committee's future role should be long term. If you are not going to be at next week's Regular Meeting, please let Torrance know in which of these two groups you'd be interested in serving. (jhtdownes01@yahoo.com)  (My note: A commitment to what we might call the formation or interim committee should not be construed as a commitment to a permanent commitment.)

 

A brief discussion ensued as to what staff's role is and should be, and Torrance will prepare a draft outline of what he does for Gateway, perhaps along with anything else he feels might be appropriate job responsibilities for staff.  This will be made available to the Commission prior to our next special meeting, for consideration at that meeting.  Torrance commented that such a job description would help him prioritize his work.  It was also agreed that any consultant should be supervised, either by Torrance, an individual commissioner or Gateway committee.

 

THERE WILL BE ANOTHER SPECIAL MEETING TO CONTINUE THE CONVERSATION ON MONDAY, JULY 13 AT 7:30 PM.

 

Hope this captured the highlights.  If anyone has any additions/corrections, please "reply all" and send them out.

 

Nancy