Diana Stricker Photo
When it comes to Branford’s Town Green, people are passionate. Any discussion of the Green usually draws a large crowd, and Tuesday was no exception as about 75 people gathered to debate turning the Green Committee into a more powerful commission.
The public hearing was held at fire headquarters by the Rules and Ordinances (R&O) Committee of the Representative Town Meeting (RTM). The Green Committee requested the RTM change its status to a commission, which would greatly expand its duties and powers. Currently, the Green Committee’s tasks include taking care of the trees and foliage.
The Green Committee’s commission proposal would give it oversight over all aspects of the Green. The issue has set off a potentially divisive confrontation since the Congregational Church, which describes itself as a co-owner of the Green, and the Town Center Revitalization Review Board both oppose formation of a commission.
What is Broken?
“The first question is—What is it that is broken that needs to be fixed? The current Green Committee is seeking to have their status elevated from that of being advisors to the Board of Selectmen with regard to the flora on the Green, to having full control over who uses the Green,” said Norbert Church, who chairs the Town Center Revitalization Review Board.
Attorney David Minicozzi, a member of the Green Committee, disputed claims that the commission would restrict use of the Green. “I think there is some concern that one of the first things we’re going to do when we get in power, if we become a commission, would be to stop people from having their events,” he said. “That is absolutely not true.”
Minicozzi, who represents the Shoreline Chamber of Commerce, said the Chamber voted in support of commission. The Chamber represents Branford and Guilford. In Guilford, the Board of Selectmen oversees the Green; in Madison and Cheshire, the Congregational Churches are in charge.
The debate has also revealed potential legal issues over use, ownership and liability if a commission is created.
Several issues were raised:
• Will the proposed commission limit access to the Green?
• Who really owns the Green?
• Which committee, board, department or commission should oversee the Green, or is it simply up to the First Selectman and the Board of Selectmen?
• Is a change needed?
No conclusions were reached Tuesday, and the R&O will continue to debate the issues in upcoming months.
The Town Green is a beloved venue for festivals, jazz concerts, fund-raisers, family fun days, graduations and holiday celebrations.
“Those aren’t just events, those are occasions for thousands and thousands of people to gather with their families and friends,” said Rev. Bill Keane, pastor of the Baptist Church, one of the three churches on the Green.
“I would like to express my thanks for having such a wonderful Town Center,” Keane said. “I think it’s important it be well-cared for but that it also continues to be well-used. That’s a difficult balance but I think it’s something that can be done.”
Who Owns the Green?
The Green was established in 1699 on property willed by John Taintor for the construction of a Meetinghouse, which was a predecessor of the First Congregational Church.
Diana Stricker Photo
Earl Lind, (pictured) who represents the First Congregational Church, previously served as the church’s representative to the Green Committee for eight years. He opposes the formation of a commission that would have powers over the Green.
He said the First Congregational Church and the town have held joint ownership of the Green since 1816. Town Hall is located on the Green and the town owns the land under its building as well as nearby property.
“At that time the title was not transferred,” Lind said. “The title still exists and has never been transferred. Since 1816 this agreement has existed between the town and the First Congregation Church to manage the Green together. One of the things that bothers the Church and myself and others that I talk to, is that this commission chooses to ignore the fact that the First Congregational Church is the co-owner of the Green.”
He said the First Selectman’s office has always protected the Green, and he fears the commission would limit activities on the Green.
“It’s our opinion the Green Committee should not be allowed to become a commission,” Lind said. “We believe they have an unwanted, hidden agenda and they seek taxpayer money to fund it. We vote no on the commission,” he said, voicing what may be the determining legal position.
However, there are some who question Lund’s statement about the ownership of the Green. Following the hearing, attorneys Minicozzi and RTM member Robin Sandler told the Eagle that the town owns the Green.
Protect or Control?
Diana Stricker Photo
Town Historian Jane Bouley (pictured), a member of the Green Committee, said the group was started by the Garden Club 13 years ago as a means of sprucing up the Green. Now, that same group of people want to take on a new title and new responsibilities.
Bouley said there are many groups who currently oversee the Green in some capacity, but that it’s a “hodgepodge and mismatch of management. ... There is really no one looking at all the nooks and crannies. No one is really advocating for the Green. And that is what we are proposing.”
Bouley said that over the years, the committee drew a map of the Green and developed procedures and guidelines for planting trees and foliage. Their plans went to the First Selectman for approval, and the actual planting was done by the Public Works Department. Bouley said they also developed guidelines for use of the Green, but the decisions were up to the Board of Selectmen.
“The Green, I believe, is probably our most important piece of open space. It‘s on the National Register of Historic Places, which is a federal designation, yet to my knowledge, it is the only piece of open space that doesn’t have a commission overseeing it,” Bouley said. “And I think that a commission, not just a Green Committee taking care of trees and foliage, but a group of people representing citizens, representing the churches, would focus on the Green in its entirety—all aspects of it.”
Bouley said the commission would continue to allow use of the Green, and that the Board of Selectmen would still have the final say.
“We believe the draft ordinance … allows for the coordination of all aspects of the Branford Green—the monitoring, the maintenance, safety and takes into consideration the history, the beauty, the preservation, but also the use of the Green,” Bouley said. “And we realize a lot of people use it. One of the agenda items on our mission is to recognize the historic use of the Green as a focal point for public meetings, festivals and events and to perpetuate the use of the Green for those purposes.”
Bouley said it’s important for one group to take charge. “First Selectmen have been making unilateral decisions in the last 25 years,” she said, adding that people need more input. “We are proposing that there needs to be a better mechanism for the people of Branford to have a say in what happens on their Green.”
Who’s In Charge?
Attorney Sandler, a member of the R&O and a former member of the Green Committee, told the audience he favors a commission. He said it would have the same membership as the committee has now, with representatives from the churches, Garden Club, Chamber of Commerce, Town Historian and Academy on the Green.
“All those stakeholders would have a place to voice those opinions,” Sandler said, “as opposed to calling our First Selectman, who’s trying to run a $100 million plus corporation.” First Selectman Jamie Cosgrove was present but did not speak during the public hearing. Typically the Board of Selectmen decide on proposed Green events.
Diana Stricker Photo
Attorney James Perito, (pictured) who represents the town in tax appeal cases, said there are four important issues for the R&O and the RTM to consider.
“I for one think the use of the Green and the control of the Green should be with the folks who have sort of controlled it since the 1800’s,” Perito said. He also said he prefers to have elected officials making these decisions rather than an appointed commission.
“My second issue is the eventual cost that may happen when you have a commission,” Perito said. “My third issue is I think you lose the various voices that currently weigh in on the care and management of the Green.” He said there are no provisions for anyone from Public Works or the Town Center Revitalization Review Board to have membership on the Commission.
“My last issue is I think there’s a lack of consensus,” Perito said. “This is really an important asset to the town.” He said there should be more public meetings, and that the R&O should take time to consider all ramifications.
Is a Change Needed?
Rev. Sharon Gracen, rector of the Trinity Episcopal Church, said she is concerned about the Green and that changes need to be made.
“Probably no other entity in town is affected by the condition of the Green as much as we are,” Rev. Gracen said. The iconic white church with the red door sits next to Town Hall and is surrounded by the Green.
“My issue with the Green is stewardship,” Rev. Gracen said. “It is such a treasure but I see what a mess it is so much of the time. I love the idea of an organization that is dedicated to the care and feeding of the Green. There’s such conflict around this. We need to do something better than what we’re doing right now. Whether this proposed ordinance is the right thing, I can‘t say.”
Diana Stricker Photo
Norbert Church, (pictured) the former town attorney when the Town Center was revitalized beginning with the Judy Gott administration, questions the need for a commission.
Church, who oversees the Town Center Revitalization Review Board, said decision-making should stay with the Board of Selectmen, and that maintenance should continue to be handled by the Recreation Department. “This process has worked quite well….There doesn’t appear to be that anything is broken here,” Church said.
Norbert Church said BOS runs green in guilford. In Madison and Cheshire the Congregational churches run the greens. And in east haven it’s the rec dept
He said the revitalization efforts started during the Gott administration have been successful. “The vision was to make Branford a vibrant Town Center and it was amazing to see what has happened since then,” he said, noting the array of restaurants, shops and boutiques.
Town resident Judith Liebmann said she remembers how the Green looked before Gott’s revitalization program. “It really made a silk purse out of a sow’s ear,” she said.
Diana Stricker Photo
Liebmann told the audience that organizations dealing with the Green seem to have conflicts. “There seems to be a lot of turf wars going on.” Liebmann said a commission could be a coordinating center for opinions. “I would like to see someone who is focused on the Green and who takes everybody’s input,” she said.
RTM member Marc Riccio said he wants to know what value a commission would bring, and whether there would be a duplication of efforts. He also wants to know what costs will be generated if a commission takes control.
Riccio said there should be a better coordination of all the interests, and that perhaps First Selectman Cosgrove could bring all the parties together.
He also made note of the First Congregational Church and issues of ownership. “What is the legality? I think that’s a huge piece of this equation,” he said.
Green Issues
Debates about the Green have been ongoing for years. In 1982, the Town Center Revitalization Plan paved the way for changes. Additional studies were compiled by the Yale Urban Design Workshop in 2007, and by the Main Street Gateway program in 2008.
A consultant developed long-range concept plans for the Green in 2009, but those plans were shunned during a public hearing that attracted about 100 people. Click here to read a story about that.
The plans were revised, but were again rejected by many in a crowd of about 120 people who attended a second public hearing. Click here to read that article.
Since then, plans about the future of the Green have remained dormant. Until now.
###
Once again the little town of Branford huffs and puffs and frets and debates and has no answers. How can a municipal government and a church collectively own property that has been used a public property for over a hundred years? Where is the separation of church and state? Would the First Congregational allow gatherings of political or religious factions that conflict with its religious ideology?
Time to straighten out the mess and come up with a legal solution, from which a management strategy can then be considered. As a non-Christian living in Branford, would you feel comfortable having only Christian churches weighing in on the use of the green? Is it okay to have honky tonk carnivals with unhealthy foods and treacherous rides that may cause undue risk and make a mess of the green? Where does the liability lie?
It seems to me the Garden Club members who have worked so hard to beautify the town have a real vested interest in providing some vision on and coherence to the aesthetics and preservation of the Green. There's also, I believe, a downtown Historic District. Not to mention the responsibilities of the Department of Public Works in caring for and maintaining the property. I wonder who has been paying to pave, mow, and maintain the green all these years.
I will continue to watch the debates with amusement. Nothing, it seems, can be decided in Branford without a good side show featuring plenty of characters from around town.