Diana Stricker Photo
Can you vote when you’re in limbo?
That’s the question the Inland Wetlands Commission (IWC) wants answered by the town attorney. Three of their members whose terms expired May 31 have not yet been reappointed by the Board of Selectmen (BOS) and no one else has been appointed.
“This limbo should be addressed,” said Dr. Robert Orson, one of the state’s leading experts on wetland issues and one of the three whose terms are still undecided. Orson, who has served on the IWC for 18 years, wants to know if the three commissioners can still vote, or if those votes could be grounds for appeal.
All three have expressed their desire to continue serving, and have been interviewed by First Selectman Jamie Cosgrove who so far has not brought the issue to the BOS. The timing of the matter is crucial since Costco is expected to submit its detailed site plan application for 44 acres at Exit 56 to the IWC in September.
The issue of limbo voting was not on the agenda, but the commission voted to add it.
“Here’s the question — a commissioner’s term runs out and no further action has been taken by the administration to reappoint that commissioner or a new commissioner; what is the town’s position on that commissioner’s function,” Orson asked at Thursday’s IWC meeting which was held at the Canoe Brook Senior Center.
The Status of the Vote
“Commissioner Orson is worried about being a liability to the commission and he’s wondering whether he can still act on behalf of the commission,” said Daniel Shapiro, who chairs the IWC.
“What are possible eventualities if he was to hear an application and he was de-appointed, or not reappointed until the application was over … Is that going to be an item for appeal upon a denial or an approval?” Shapiro said traditionally, people remain on boards or commissions until the BOS makes a decision.
Diana Ross, the head of the Inland Wetlands and Natural Resources Department, said she could not find anything addressing this issue in the town charter or in statutes or regulations.
“I want to know from the town what the legalities are,” Orson said. “Are there any liabilities to the commission, any commission … in carrying out their duties? … The town attorney should make that decision and that decision should be passed on to all commissions. It should be something that the commissions are bound by.”
“I agree, we should ask for a decision,” said commission member John Rusatsky.
“This is a rarity, but it could happen to other commissions as well,” Orson said.
Diana Stricker Photo
L-R:Daniel Shapiro, John Rusatsky, Wesley Vietzke, Steve Gangi, and Leo Stanlake
The commissioners agreed to write a letter requesting a legal opinion from town counsel Bill Aniskovich, whose law firm Brenner, Saltzman & Wallman LLP, represents the town.
Another important upcoming vote regards the proposed revision of the inland wetland regulations, which were discussed for more than two hours Thursday night. A story on the new regulations will be forthcoming.
Experienced and Willing Volunteers
In addition to Orson, the IWC members whose terms expired May 31 are Dr. Wesley Vietzke; and Leo Stanlake, who is an alternate. The IWC is comprised of seven members and three alternates.
Orson, who has been an IWC member since 1997, has a bachelor’s degree from Western New England College in biology; a master’s degree from Connecticut College in botany; and a PhD from Rutgers University in wetland ecology. He operates Orson Environmental Consulting in Branford; and is an adjunct ecology professor at the University of New Haven.
Vietzke, a commissioner since 1999, has a bachelor’s degree in biology from DePauw University; and a medical degree from Johns Hopkins University. He is a certified member of the American Board of Internal Medicine, and has served as a physician and a clinical professor.
Stanlake, who has been an alternate for two years, has a bachelor’s degree in psychology from the University of Massachusetts; and a master’s degree in accounting from the University of Hartford.
Questions Raised at BOS
Questions about the IWC reappointments were also raised at recent BOS meetings when Third Selectman Bruce Storm asked what happens when terms expire and no reappointments are made.
“They serve until either they’re reappointed or replaced,” Cosgrove said at the June 24 meeting. Storm urged Cosgrove to reappoint the three men who have all expressed their desire to continue on the commission. Click here to read about that.
Local environmentalist Bill Horne raised the issue following the June 18 meeting of the Planning and Zoning (P&Z) Commission. Horne said that Aniskovich told him that the first selectman was looking for names of people to appoint to the IWC vacancies. “He’s unlikely to find people who can do a better job of protecting Branford’s inland wetland resources, raising the question of what qualifications he is seeking,” Horne said. Click here to read that story.
The main issue at the June 18 meeting was Costco’s proposed Master Plan and Planned Development District (PDD) at Exit 56. Some P&Z commissioners said if they approve the PDD, they trust the IWC members to thoroughly review the application when the site plan is submitted to them.
The Costco master plan and PDD was approved July 9 by the P&Z commission by a 3-2 vote. Costco must now present detailed site plans to both the IWC and the P&Z, and additional public hearings will be scheduled.
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