Lawyer Directs Council To Restrict Comments On 81 Questions

By Kendra Bobowick

Disappointing many residents demanding answers to 81 questions presented to the Legislative Council last week about Fairfield Hills, officials are honoring a legal directive to keep quiet at the moment rather than respond.

“Attorneys have issued a memo…since it’s in litigation we’re not to talk about it. Period,” Legislative Council member David Brown said.

Pausing to consider this advice, he continued, “Which is too bad in some respects.”

He and other council members last week opened the floor to residents numbering between 250 and 400-plus in unofficial counts, who came to speak and learn more about one agenda item only — development plans at Fairfield Hills — and as many as 30 of those people remained until the council adjourned after 12:30 am. The one agenda item had been listed for discussion only, and although no actions were taken, a heavy dose of emotion regarding town priorities and finances filled the room. The many townspeople who gathered at the meeting last week no longer feel Fairfield Hills redevelopment plans — and a new town hall for roughly $10 million — should continue, or should at least be carefully reassessed after considering the 81 questions. In 2001 a town meeting vote approved the appropriation of $21 million for the purchase of Fairfield Hills, and to implement redevelopment plans.

Last week, resident Desiree Galassi echoed others’ sentiments when she said, “You have 81 questions in front of you. I hope you answer them before continuing, because if you don’t answer them you’re doing a huge disservice to this town.”

This week, however, the lawyers have recommended silence, which council members are honoring.

The town’s legal counsel has advised the Legislative Council not to comment on matters concerning pending litigation. Many of the 81 questions relate to the subject matter of the pending federal court suit local businessman Matthew DeAngelis brought against the town and certain town officials, according to attorney Monte E. Frank, with Cohen and Wolf, P.C.

Via email he confirmed, “We believe that it is prudent that the Legislative Council refrain from responding until such time as a comprehensive review of the questions can be made by us, and have advised the Legislative Council accordingly.”

Councilman Joseph Borst, who was one of two members outspokenly sympathetic to those questioning plans for a new town hall at the Fairfield Hills, is minding the legal advice. He said, “We had been instructed by lawyers saying we shouldn’t discuss this until the law firm had a chance to address it.”

He has specific reactions to last Wednesday’s meeting, however. “I think that you can hear where people are coming from” regarding the town’s priorities, he said, adding, “Things change.” Considering the vote of 2001 in favor of financing Fairfield Hills plans, and Wednesday’s conflicting message from residents, he said, “If you go to war and you’re not winning, you change your strategy.”

Continuing, Mr Borst said, “With due respect to our bonding issue, things have changed and priorities in town change. There are more important things, people feel, than town hall.”

Questions concerning Fairfield Hills, education, town finances, long-range planning, and more, were compiled in part by WeCAN (We Care About Newtown), a group of education proponents, Friends of Fairfield Hills, and the most recent Friends of Newtown/Insidenewtown.com spearheaded by Mr DeAngelis. Filling the Newtown Middle School cafeteria beyond capacity were the many who shared their opinions that priorities now facing the town include a senior/recreation center, and schools. A town hall was not favored.

Councilman Michael Iassogna offered a different impression from last week’s meeting.

“I believe we have a plan…the Fairfield Hills plan is pretty comprehensive and one we have been working with for several years now, and we need to take it in context with the rest of our capital needs,” he said. He indicated that school needs are addressed in a capital improvement plan, a funding package including high school expansions, and improvements at other school in town.

Mr Iassogna also has an answer for those who may feel plans at Fairfield Hills are moving too slowly.

“People may think we’re not moving fast enough, but you have to spread expenses out to stay under a spending cap,” he said. Regarding school improvements, he said, “If there are issues of maintenance in schools that are not being taken care of, they need to be brought up to higher priority by the superintendent or the Board of Education in their capitol improvement plan.” Additionally, there has been recent emphasis on a problem with the middle school auditorium seating. Mr Iassogna said, “I don’t remember seeing middle school [seats] in the CIP plans, but when you hear concerns from that many people you look at how you’re managing your priorities.”

He mentioned that funding for seating improvements could be addressed in an operating budget.

Councilman Supports Opposition

Councilman Keith Jacobs is strongly in favor of the many people who spoke out against Fairfield Hills plans.

“I will do everything in my power. I will fight hard to address this issue,” he said. He believes the high attendance at last week’s meeting should be a wake-up call, he said.

“The town is clearly unhappy,” Mr Jacobs said. However, the many who spoke at the Legislative Council meeting last week argued that the town’s priorities had shifted to the schools, while others were concerned about recreation and senior facilities. Specifically, the 81 questions were submitted collectively on behalf of WeCAN, a group of education proponents, and Friends of Fairfield Hills and Friends of Newtown/Insidenewtown.com, and submitted specifically by Gary Davis, a WeCAN member.

Was the crowd primarily filled with education advocates?

Mr Jacobs said, “I think a lot of taxpayers have aligned themselves with WeCAN, Friends of Newtown, and Friends of Fairfield Hills; it says a lot of people are unhappy.”

He also addressed the discussion, rather than actions taken by the council with dissatisfaction. “It seemed there wasn’t any intention to [take action].” Considering the assertion that the town’s charter does not hold any provisions to allow the Legislative Council to put a stop to the Fairfield Hills project, Mr Jacobs still feels, “perhaps there is a way.”

Mr Jacobs has heard from many residents by phone in addition to those who attended the meeting, and said, “When [there are] that many people, they have to be taken seriously.”

He is vowing to stand by those he has heard from recently who are pleading for a stop to Fairfield Hills, or a reassessment of the town’s priorities. “As an elected official it is my duty to carry their opinion forward,” he said. He also said, “What I think is right or wrong is not as important as what people voted for.”

In 2001, people voted to approve funding for Fairfield Hills, but Mr Jacobs saw something different last Wednesday. “People see this as something they do not want to happen,” he said.

Many who attended the meeting were frustrated that the council took no action to stop the Fairfield Hills project. Acting Chairman Tim Holian said, “The public anticipated that because we are called the Legislative Council that we have authority to stop a process midstream, but I labored through the charter and it doesn’t allow us to do it. I could not find anything in the charter that would allow us to act.”

He does not want to hide behind the charter, he said, but believes residents should understand that he is in favor of continuing with Fairfield Hills for several reasons.

“I want the shovel in the ground yesterday,” he said. Regarding those on the council who may want to reverse the Fairfield Hills progress, he said, “I am not averse to different opinions, but to do what people perceived we could do is simply out of order.”

Halting progress also compromises the town financially, and decreases various boards’ or committees’ credibility. Mr Holian said, “What board is going to have any confidence [making decisions] knowing something can be stopped?”

Mr Holian’s biggest worry, he said, is the town’s borrowing power. “My concern is the town losing credibility with its lenders. Who is going to invest in a town that stops midstream?”

Is It Politics?

While he has not confirmed his candidacy, Mr DeAngelis has said in the past that he was considering a run for first selectman this fall.

He also indicated last week that one Board of Education member, Paul Mangiafico, would be the next first selectman.

Mr Mangiafico, who stands in favor of school funding as a top priority, was vague about whether or not he would run for first selectman. He said, “It is too soon to tell.”

He did indicate that political action might come. “If something needs to be done and you don’t step forward, someone else steps forward,” he said.

During the meeting Mr Rosenthal had said, “People voted for me, maybe they’ll never vote for me again,” but he was adamant about moving forward with Fairfield Hills.

Mr Jacobs said he interpreted this to mean that Mr Rosenthal did not care what people wanted or support right now.

Mr Rosenthal told The Bee Wednesday that he is sticking to the plan because he fundamentally believes it is the right thing to do.

“It may not be the popular choice as far as some are concerned, but sometimes you have to stick with an unpopular decision when you believe it is the right decision,” he said. “I believe the town is following a procedure stipulated by the charter and endorsed by the voters, the council, and the other selectmen.”