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Zoner Blasts Chairwoman’s “Fiefdom”

by Thomas MacMillan | Jul 14, 2010 1:39 pm

(37) Comments | Commenting has been closed | E-mail the Author

Posted to: City Hall

Thomas MacMillan Photo Long-simmering tensions on the city zoning board erupted into public view as one member accused Chairwoman Cathy Weber of bullying other members into voting according to her preferences and otherwise running the board as her own “fiefdom.”

Weber (at left in photo) tries to exert total control over the Board of Zoning Appeals (BZA) and expects to tell others which way to vote, charged board member David Streever (at right).

“I’m tired of Cathy bullying everyone and telling board members what kind of opinions they can express,” Streever said. Weber needs to be reined in by the City Plan Department or by the mayor, he said.

“She uses her position to boss other people around,” he said.

Streever leveled those accusations after a tense meeting of the Board of Zoning Appeals (BZA) on Tuesday night. He said he has been quietly complaining about the way the board is run for some time, to no avail.

Chair Weber refused to respond to questions from the Independent, or to acknowledge that she was even hearing the questions.

What began as a minor personal spat ended up again exposing broader concerns about how mayorally appointed boards work in town.

Streever’s accusations are the latest allegations of misdealings at the BZA, which has had a history of avoiding proper public process. In 2007, the board was found to be avoiding public voting and deliberation by scheduling private last-minute meetings. Mayor John DeStefano appointed Weber as chair and promised that the BZA would be more accountable to the public. Last February, Weber refused to use a microphone to amplify a voting session, saying the public didn’t need to hear it.

Other mayorally appointed boards have been the subject of similar complaints about lack of transparency and democracy in recent years. The Board of Assessment Appeals keeps no written records of decisions, no meeting notes, no minutes; summarily rejects appeals without considering the law or a basis in facts; and now has only one member participating. The Fire Commission was found several times to have violated Freedom of Information law; the Board of Education has also run afoul of the law, and this year approved its entire budget with no public hearings or discussion. Even the Democracy Fund flouted open-meeting rules. And under City Hall’s press policy, employees have faced discipline, up to firing, for speaking in public without advance approval from the mayor’s public information office.

Tuesday’s zoning board flare-up occurred after a tense voting session, during which Streever accused Weber of telling him to shut up. She denied the charge. Visibly upset, Streever quietly completed the voting and then erupted and stormed out of the room.

The trouble began during voting on an item brought by local attorney Patricia Cofrancesco (pictured). She sought to overturn a ruling by Deputy Director of Zoning Tom Talbot, who decided that she could not add a seventh apartment to a building she owns on Townsend Avenue.

Earlier in the evening, during the public hearing on that item, only four board members were present. To pass, the item needed the approval of all four. Weber announced the member shortage several times during the meeting and explained that people could choose to postpone their proposals until a full board of five members was present. Cofrancesco declined to do so.

Later, by the time of the voting session, board member Regina Winters had arrived. She recused herself from voting on the Cofrancesco item, since she hadn’t been present during the public hearing.

During the voting on the item, BZA staff attorney Felipe Pastore suggested taking a quick poll of board members before the vote, to see which way they intended to vote.

This is not standard practice at the BZA. Pastore refused to answer questions about it after the meeting.

Streever said he would vote against the proposal. “Sorry Phil,” he added, as Pastore put his head in his hands.

“I don’t know if you want to table it,” suggested Pastore. “This is it. OK. Well, it has to be four out of five.”

Pastore suggested to Winters that maybe she could take 10 minutes to familiarize herself with the application and then vote on it. “I’m just trying to have the largest panel of people as possible,” he said.

Zoning staff said if Winters wasn’t present for the public hearing, she couldn’t vote.

Finally, Pastore relented and the board voted.

Streever and Walter Esdaile voted to deny Cofrancesco’s request to overturn the zoning decision. Weber and Victor Fasano (at center in top photo) voted to approve it. Without four votes of approval, the item failed.

Off The Record?

A short time later, the board began voting on a proposal to allow a dialysis center to be built in the Hill. Weber said that a lot of neighbors had come out against it. Streever brought up traffic considerations. Weber continued speaking.

Streever interrupted: “Did you just say ‘shut up’ to me?”

Weber said she hadn’t: “I mean, I could. But no, I didn’t.” She said twice that she could tell him to shut up, but hadn’t.

She asked Fasano, sitting between her and Streever, if she had said shut up. He said no.

Streever said he must have misheard.

The rest of the voting occurred without incident. Streever was visibly irritated. As the meeting adjourned, he rose and approached the staff table. “You need to get this under control,” he later recalled saying to Talbot.

A brief exchange with Pastore followed. Streever again accused Weber of telling him to shut up. Then he shouted, “We’re not playing a fucking game,” and left the room.

As she packed up her things to leave, Weber refused to answer questions or even acknowledge the presence of a reporter standing next to her.

Later, Streever explained the context of his eruption at the meeting. It was born out of frustration with the way Weber runs the board, he said.

Weber expects total control at BZA meetings, he said. She expects people to vote the way she tells them to and gets angry when she is crossed, he said.

“She makes it very unpleasant to hold any opinion that’s opposed to what she wants you to say,” Streever said.

Weber routinely talks with board members about upcoming votes during breaks in the meeting, Streever said. During those conversations, she tells people how to vote, he said. Streever said he has tried to avoid such conversations with Weber.

“It’s my understanding that there can be no conversations off the record” about items to be voted on, he said. “It’s totally inappropriate.”

On Tuesday, Weber spoke with other members about the Cofrancesco vote during a break, Streever said. He said she told them to vote in Cofrancesco’s favor.

Weber rules on BZA items based on her own personal preferences and allegiances, not regulations, Streever said. “I definitely think Cathy makes decisions not based on zoning ordinances.”

Weber “shuts down” people—members of public, staff, other board members—when she doesn’t agree with them, he said. She “hammers on Christian values” when it comes to setting hours of operation for businesses, he said.

She’s said things like “Don’t you think you should be in church?” to people seeking to open businesses on Sundays, Streever said.

Streever recalled a vote on an auto repair business near Weber’s home. She made it clear to board members that the garage was not to be given permission to paint cars. “This is not going to pass. I’m not screwing around tonight,” Streever recalled her saying. When the item did pass, Streever remembered her leaving the meeting in a huff.

Streever said Weber sometimes makes deals with board members, allowing them to vote last on controversial items. This allows members to vote against something to please a constituency of theirs, while still ensuring that the item passes.

Streever recalled one particular vote during which Weber muttered off-mic to another member, promising to allow the member to vote last. “Sure enough,” that person was the sole dissenting vote, Streever said.

Voting sessions do not follow Robert’s Rules of Order or any other established practice for conducting meetings. During voting, Weber customarily announces an item, makes a brief statement about why the board should approve or deny it, and then asks members for votes. She rarely calls for discussion and never makes or requests motions of any kind. Other members seldom speak during voting.

Weber can be vindictive and retaliatory when a member votes against her wishes, Streever said. When he voted against Cofrancesco’s item, Weber gave him “a lot of nasty looks,” Streever said. “It seemed to piss her off.”

When she allegedly told him to shut up, “I was definitely shocked,” Streever said.

Streever said she turned to him and said it very quietly. “I saw her lips move,” he said. “I definitely heard the words coming out of her mouth.”

Streever said he has complained to zoning staff, to no avail. He said he hoped the city would not let Weber “run the zoning board like her fiefdom.” “City Plan needs to step up and get involved,” he said. Streever said he plans to request recordings of meetings at which Weber has exhibited bullying behavior or deal-making.

Weber has told him that as chair of the committee, “I’m the employer; you’re the employee,” Streever recalled. If that’s her attitude, “Why even have a board?” Streever asked.

Comments

posted by: streever on July 14, 2010 1:58pm

Members of the BZA have a HUGE responsibility to the public—both to neighborhoods & to the individuals who come before the board.

I am extremely disappointed in the Chair & anyone else on the board who does not take that responsibility seriously. As I told City Plan, it is not a game. People’s livelihoods and homes depend on open and transparent decision-making and objective opinions from the Board.

posted by: Christine on July 14, 2010 2:20pm

thanks for standing up for good government, streever. we need more people like you on these boards.

posted by: Paul Martin on July 14, 2010 2:22pm

I’d imagine the lack of records is and general lawlessness of the board is a pretty good basis for lawsuits challenging their decisions.

How long has this been going on?

posted by: Culture of Arrogance on July 14, 2010 2:34pm

There’s a culture of arrogance at City Hall and it trickles down to people like Cathy Weber and Bill O’Brien. I’m more impressed by the folks who haven’t given in to the culture of arrogance than I am surprised by those who have. If City Hall would for once fire or remove those who violate the public trust, maybe things would get better. But at City Hall there are no repercussions for behaving this way, so this sort of behavior will continue.

posted by: Cedarhillresident on July 14, 2010 2:47pm

Good for you David!! Man the corruption level just keeps growing and growing…

The mayors people have held the people of this city captive for far to long! Yes you where appointed it does NOT MEAN you can do what you want!! It means to FOLLOW the rules. I think David put it best…this is people’s livelihoods and homes, and it is what effects the srounding community’s in a positive and negative way…this is why we have the BZA!

posted by: BenBerkowitz on July 14, 2010 2:48pm

You go girl! Keep kicking ass Streever.

posted by: MR on July 14, 2010 2:49pm

“Weber has told him that as chair of the committee, “I’m the employer; you’re the employee.””

Wow. Sounds like a refresher on the rules/structure/roles of board governance is in order. Power corrupts; a little taste of bureaucratic power corrupts absolutely.

posted by: MR on July 14, 2010 2:53pm

P.S. Document, document, document! If you’ve got notes documenting a pattern of behavior (dates, times, quotes), that’s powerful stuff.

posted by: Threefifths on July 14, 2010 2:53pm

Zone boards across this country is Load with political Patronage.If Mr.Streever wants to do the right thing he should do a Frank Serpico and expose the board for what it is.

posted by: anon on July 14, 2010 3:16pm

No wonder it has become next to impossible for the city to enforce its zoning regulations.

posted by: Not Surprised... on July 14, 2010 3:21pm

It would appear Ms. Weber needs to understand the role of government..you know the whole for the people BY the people thing we have had going on for like 300 YEARS!!!! Mr. Streever had every right to call her out on her FOOLISH and irresponsible behavior…How many votes have been ignored or vice versa unlawfully pushed through because of this dictator???? This is NOT a nice person…THis is not a responsible board member and even though the Mayor likes to ignore such things..he should for once take a stand!

posted by: Patrick on July 14, 2010 3:31pm

As much as I hate to admit it…you’re starting to grow on me Streever. Nice job!

posted by: Mister Jones on July 14, 2010 3:32pm

The part about talking to board members about their votes during breaks may fall under an FOI loophole allowing members of the same party to caucus in private. Maybe.

The rest of the story is pretty appalling.

posted by: Our Town on July 14, 2010 3:34pm

Streever, I normally don’t agree with a single thing you post here, but I back you on this. Unfortunately, City Plan cannot straighten out this mess. Only Johnny can, and he must not want to, or there may be some other deal we know nothing about.

posted by: Jonathan Hopkins on July 14, 2010 3:50pm

Pretty much everything in this article is “Streever said”, not that I doubt him, but it would have been nice to have other sources, because what it seems this article amounts to is just one person’s recollection. Perhaps this can just be the first article in what may become a series about issues in the BZA and if that ends up being the case I’d be glad.

posted by: Doyens on July 14, 2010 3:53pm

Corrupt, cheating and condescending city government constructed by and managed by Mayor John DeStefano, Jr. “A fish rots from the head down.” These people reflect their leader.

In the meantime, this is another entry for the tally board at http://www.johndestefanojr.com

posted by: anon on July 14, 2010 3:55pm

It isn’t a surprise anymore when so many developers, who could bring hundreds of jobs to the city, take a look around and then quickly leave.

In addition to the city’s insanely high building permit fees (that our Aldermen have approved, but that the city waives in many “special cases”), the real estate industry has to deal with this nonsense.

posted by: pat on July 14, 2010 5:01pm

Zoning board and zoning board of appeals members are basically political appointees. The unspoken and unwritten rule is that the member supports the Mayor’s agenda (in any town, USA) or that member is not re-appointed.

The reporting by the NHI exposes the blatant disregard for an impartial and fair process. Video would be even better and could be posted on CTV.

We appear to have lost control of our government at every level.

More coverage like this could change things.

posted by: Paul Martin on July 14, 2010 5:26pm

I’ll second Jonathan’s idea - can’t you just smell a Pulitzer prize buried underneath what should be a trove of files, minutes, memos, and records?

This is going to sound incredibly naive on my part, but how can a city agency operate like this? I mean, you can have a poorly run board with intimidation and things that good government watchdogs might not like, but this sounds like something much more alarming.

posted by: MM on July 14, 2010 6:25pm

So, the intrepid cyclist meets immovable object yet again. I’m sorry, Mr Streever, but you are so dictatorial when it comes to biking issues I think it’s really great that you’ve run up against someone who is giving you some of your own medicine. Suck it up, don’t swear, don’t storm off, and learn to deal with it.

Also, I think you’ve been played on this zoning issue. Long ago, possibly when you were still in diapers, Attorney Confrancesco was the city Corporation Counsel. She was treated very badly by our dear Mayor Johnnie Boy and was fired the last time the FBI were in city hall. Most folks in town are very sympathetic to her, and you didn’t even pick up on Pastores hints on where you should go with this.

posted by: Somewhere in CT (maybe New Haven, maybe not) on July 14, 2010 7:12pm

>>during the public hearing on that item, only four board members were present.

Are these paid positions? If so, why are they late?

Do we have any accountability in this town? Seriously.

posted by: Bruce on July 14, 2010 7:52pm

Nice work, Streever. Make your decisions based on the facts in the case, not because someone owes someone else a favor. I would love to hear Ms. Weber’s side of the story, but apparently she feels no obligation to tell it.

You should record every meeting from now on. You have every right to do so.

posted by: Morris Cove Mom on July 14, 2010 8:06pm

Do nothing run as it should in New Haven? No rules of order, no common manners, no wearing the microphone so the public can hear you at a PUBLIC proceeding?

Is Weber appointed for life by DeStefano? How do we oust her, and get someone who will agree, simply, to play by the rules?

This is yet another issue which makes me wish I had not bought a house in New Haven. This is just a disgrace.

posted by: Jeffery on July 14, 2010 8:30pm

A stone-cold staged event by a hot-headed man with an agenda.
Congratulations to the media who were lucky enough to be at a BZA meeting and capture it live.

posted by: streever on July 14, 2010 9:08pm

MM:
I feel badly for Cofrancesco if she was treated poorly by the Mayor, but it doesn’t impact how a vote should go. My reasoning for voting no is a matter of public record and available to you at any time from City Plan.

If the reasoning for voting yes was not introduced at the meeting, on the record, in public, than it is not something that I can or would consider in my vote.

For the record, I didn’t run off, and any swears uttered were on my own time, after the meeting and not as a board member. Perhaps you didn’t read the entire article, which explains that I remained and voted on every issue and spoke up after the meeting was ended. If you honestly can come up with a time I’ve told you (or anyone else) to shut up when I was chairing a meeting, you are welcome to share it for all. While I do have strong opinions, I have never abused any authority I’ve had to control others behaviors at meetings.

posted by: Chuck on July 14, 2010 9:54pm

Streever, I disagree with you on just about everything under the sun….except for this.

posted by: Walt on July 15, 2010 5:43am

Streever

I agree with you a little more than Chuck apparently does, but this time Chuck has it right

Good work!

posted by: Upsetting on July 15, 2010 9:23am

This article is poor journalism. It is devoid of any analysis or attempt at objectivity when it comes to the allegations that Mr. Streever so vigorously directs against Ms. Weber. No third party validator. No attempt to verify—or refute some of his allegations. We get to sympathize with the young white guy (the hero) and vilify City Hall through the representation of an African American woman (the villain). That the photo is so prominently displayed here is an indication of race being improperly injected into this debate. We know you hate the Mayor Paul, but this one is below the belt.

posted by: DEZ on July 15, 2010 9:41am

Good work David! Keep up the heat and good work. Along with a book of Roberts Rules, how about a copy of Websters bookmarked at the word “hubris” for Ms. Weber?

posted by: streever on July 15, 2010 10:59am

Upsetting:

the behavior is well-known & witnessed by anyone attending BZA meetings. Suggestion: go to city hall and listen to the tapes. City Plan doesn’t keep minutes on the meetings, but just listen to the tapes & ask yourself if you think the way she talks to people is appropriate.

posted by: Bruce on July 15, 2010 11:09am

Upsetting: Please read the rest of the article.

“Chair Weber refused to respond to questions from the Independent, or to acknowledge that she was even hearing the questions.”

Most of the article is simply a first-hand witness account of the meeting. The rest is an interview with the only party who responded to questions.

I wish I could understand your implications regarding racial bias. Are you saying the Independent is vilifying Ms. Weber because she’s black? If so, that’s quite a stretch.

posted by: Not really corruption on July 15, 2010 6:11pm

While this represents boorish behavior, I am not clear why it is being labeled as corruption. It’s pretty clear that BZA members don’t feel the need to do what the chair says. She has no power to “punish” them in any way other than the alleged dirty looks.

Even in the vote described here, Streever was not the only NO vote. Even if everyone was able to vote, Cofrancesco still would have lost. And letting people vote in a particular order to avoid upsetting some group is not exactly a horrible thing. It’s pretty common practice in democratic bodies. There may be some reason it is inappropriate here, but no reason is given. (Nancy Pelosi and all of her predecessors exercises this prerogative on a weekly basis.)

Streever’s distinction about only screaming and using profanity “on his own time” is meaningless. He is a BZA member who was in the hall where the meeting just happened. And he was yelling to city staff about another BZA member. His behavior was effectively the actions of a BZA member and his statements in this article have now undermined every single BZA decision made under both his and the chair’s terms of service.

Streever may be completely correct about Weber but what he describes is not corruption so people raising that issue should stop. He was appointed by the same Mayor who appointed Weber and the other BZA members and he makes no argument that the Mayor has asked him to vote in any particular way.

To the person who asked the question about a member arriving late, the BZA is a wholly volunteer board which probably does more work than any other city volunteer board.

If what Streever described about Weber is true then it should stop and possibly she should be removed as chair.

I believe the other members of the BZA elected Weber. And they probably get the chance to vote on that from time to time.

The City should spend some money to train these board members. Unfortunately the amount of legal costs sure to come from appeals of BZA cases after this article will probably not leave enough money to do so.

The city attorney’s role in this article seemed a bit odd. Was it fairly described because it seemed like an off hand condemnation of his actions without any background. Not good to leave suggestions like this one out there without more information.

posted by: 9673687 on July 15, 2010 6:16pm

Nice job, Streever—and although it took some effort, I didn’t qualify my praise in any, even rhetorical, way.

posted by: hmm? on July 16, 2010 7:58am

Streever certainly doesn’t have any vendettas against this mayor and his appointees, nor any axes to grind.

Therefore the article’s nearly total dependence on his account of things is certainly not of questionable value.

And certainly, aside from Ms Weber, there certainly weren’t any other board members or witnesses that the author could have interviewed.

posted by: Former Board Member on July 16, 2010 10:51am

Mr Streever, I applaud your integrity however anyone who does not agree with the current administrations chairs or ideas are not reappointed to Boards or Commissions. It is imperative that Boards and Commissions be elected rather than appointed, this way there can be no patronage and you would not have people like Cathy Weber who believe that they are untouchable ...

posted by: Pat from Westville on July 16, 2010 3:09pm

Upsetting:
I find it more upsetting to say a white person disagreeing with or criticizing a black person is racism or racially motivated. Are black people always right and white people always wrong?

Mr. Streever’s disagreement with Ms. Weber is not with the color of her skin but with the way she exercises her role as chair of the BZA. How she conducts the business of the BZA has nothing to do with the color of her skin. Her refusal to give her side of the story only tends to support Streever’s beef with her. Appointed or elected, her role as leader of the BZA is not to be an “employer” or dictator but to serve the people of this city. “Serve and protect” as in the motto of many police departments.

posted by: respect: if wishes could be fishes on July 16, 2010 3:13pm

This wasn’t the only emotional fit at that meeting. Corporation Counsel Phil Pastore blew up in public at an applicant who did not understand the process or the documentation needed to appear before the BZA. So rather than tell the applicant prior to the meeting that the application was incomplete, and that the item could not be put on the agenda until it was complete, it was put on the agenda and then the city’s attorney yelled and yelled and waved his hands at the applicant in front of the public. No member of the BZA or City staff tried to intervene to calm Mr. Pastore down or help the applicant, not even the hero of the hour, Mr. Streever.

(Everyone losses it from time to time. Mr.Pastore’s colleagues had an obligation to help him when his frustration got the better of him, and to protect the public and the reputation of the city.)

Respect should start with the Board’s behavior towards the public. How about starting with something small and pro-forma, like having sign-in sheets at the meetings—as other boards and commissions do. Show the public that their participation is valued and a matter of record. This is especially important considering the BZA’s custom of asking for a show of hands, pro and con, on an issue. Because proximity to the property under consideration has legal significance, having a list of speakers/voters addresses is pertinent.

Next, I think the city needs to do a MANDATORY retreat/training session for the BZA board and staff. Many CT towns and cities require this. Check out CT NEMO:

http://nemo.uconn.edu/training/land_academy.htm

Good process and training can help boards understand their powers and responsibilities and focus their energy on public service and excellence. These hideous dramas are signs of many failures - personal, political and technical. Good process and clear understanding of purposes and powers can guide commissioners away from expressing differences of opinion about the business before them in destructive personal and political ways. I wish the BZA and the city would use this ever-expanding crisis to REQUIRE proper training for staff and commissioners and start improving the process.

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