Fairfield Hills Authority Would Have Considerable Power And Autonomy

By Steve Bigham

Earlier this month, the Fairfield Hills advisory committee unanimously endorsed the town purchase of Fairfield Hills in an effort to control future development there. In addition, the committee recommended the creation of a “development authority” to serve as the governing body  of the 185-acre campus when and if the Newtown takes over the deed.

The recommendation goes hand-in-hand with the advisory committee’s suggestion to split the campus into several different uses. Among them: commercial use, town offices, schools, athletic fields, restaurants, shops, and open space. The authority would likely govern the 38-acre commercial area, however.

The Town of Newtown has expressed interest in buying the former state mental health hospital from the state. The massive property is located off Wasserman Way, just east of Route 25.

According to the report, the “development authority” would be responsible for the day-to-day operations of the campus, allowing town officials to remain focused on the business of running the town. The authority would operate outside the realm of the political process “so that the vision for the re-development of Fairfield Hills be maintained regardless of administration changes or political agendas.” Some have likened the proposed authority to the one that manages Richter Park in Danbury or Newtown’s own Water Pollution Control Authority (WPCA) – both of which operate outside the auspices of the local government.

Such an authority would have responsibility for the execution of a master plan, soliciting bids from developers and working with developers to create sustainable economic development on the property. According to the report, the authority would be structured so the funds from the “leasing” of the land and buildings go to the authority to be used to provide minimum necessary maintenance of the property. The tax revenues received on the business property are assumed to go into the general fund.

First Selectman Herb Rosenthal has assembled an experienced legal team to study how such an authority would operate.

Just how powerful will this authority be? Being independent of the town’s political process would allow the authority to make moves without having to check with the council, selectmen, or other town boards. Council member and Fairfield Hills activist Ruby Johnson has studied authorities and understands the enormous powers that such an autonomous organization can have. Newtown residents have stated they want to purchase Fairfield Hills to maintain control over the land. But what kind of control will they have if an authority is empowered to operate without having to be accountable to town officials?

“They can make decisions without asking anybody,” noted Mrs Johnson. “Authorities have the power to make contracts, issue bonds, own public facilities, and require the public to pay for their use – lots of power.”

“A lot of things are really up in the air right now. Other than the fact that the town is interested in buying the property, I don’t think the recommendations of the advisory committee have been accepted by the body of the town yet,” noted Town Attorney David Grogins. “A lot of this stuff is still preliminary.”

Based on the proposals of the advisory committee the legal team has tried to give the town an outline for an authority that could operate Fairfield Hills essentially within the context of what has been proposed.

“It provides flexibility so if the authority does want to attract commercial development they don’t have to jump through a lot of hurdles,” Mr Grogins said. “The Planning & Zoning Commission has always had the idea that there would be a master plan for Fairfield Hills. The types of things we propose would do that.”

Much of the authority’s responsibilities would be contingent on a master plan, and that still remains a long way off, Mr Grogins said. A master plan would require the input of engineers, landscape architects, architects, and engineers from various utilities, etc.

The master plan would provide for: a commercial core, municipal uses, athletic fields, and land for a school building.

“One of the ideas Herb has expressed is that this all ought to be laid out before we commit ourselves to this kind of project, rather than start with the general idea that we’ll own it and go from there,” Mr Grogins said. “There are a lot of things that need to be done to make this transition work. Fairfield Hills has operated as an independent facility for so long. Now it’s going to be split into several different areas.”

The proposal for an authority would eventually be handed over to the Legislative Council’s ordinance committee for review before being sent to the council for approval as an ordinance.

Other attorneys working on the transition are Dan Casagrande and Ted Backer of Pinney, Payne, Van Lenten, Burrell, Wolfe, and Dillman, and Bob Melvin of  Robinson & Cole.

 

The Fairfield Hills

 Development Authority Bylaws

According to Mr Grogins’ proposal, the purpose of the authority would be to “develop and promote the facilities through acquisition, construction and operation of properties, buildings, structures and other facilities necessary or desirable for commerce and industry within the district or in connection with the development and operation of facilities.”

“The membership of the Board of Commissioners of the Authority shall consist of five voting members who shall be appointed by the first selectman with approval from the Board of Selectmen. The Commissioners shall elect a chairman and vice chairman.”

Also, the board would appoint and employ an executive director and assistant executive director to manage the site.