Enabling Legislation Draws Fire––

Fate Of Fairfield Hills Authority

Is In The Legislature’s Hands

By Jan Howard

First Selectman Herb Rosenthal wrote to Sen John McKinney (R-28th) and Rep Julia Wasserman (R-106th) on June 10, in an attempt to expedite efforts to have a Special Act Creating a Fairfield Hills Authority adopted by the legislature during a special session scheduled to begin June 16. Some critics of the proposed authority, however, believe the act needs to be blocked, not expedited.

Sen McKinney had amended the act to Substitute Senate Bill 1004 that was passed by the Senate on June 4 but the bill failed because it was not forwarded to the House of Representatives.

The Board of Selectmen and Legislative Council unanimously approved the proposed act on May 5 and June 4 respectively. These actions have drawn opposition from some members of the community who say the decision was made too quickly and with not enough participation by the public.

Mr Rosenthal said it was needed to “either get it done now or wait another year. There is no conspiracy. You have to play the hand you’re dealt.”

Both William Sheluck, Jr, a candidate for the Republican nomination for first selectman this year, and Barry Piesner of the Newtown Property Owners Association wrote letters to the editor of The Bee this week strongly protesting the creation of the authority without providing opportunities for public comment on the move. (See this week’s Letter Hive.)

In response to Mr Sheluck’s contention that the negotiations for the acquisition of the Fairfield Hills property have hit a snag, Mr Rosenthal said, “I wouldn’t say it’s a snag.”

He said it is more of a delay because the town has not been able to meet with Richard Nuclo of the state Office of Policy and Management, who “has apparently been working on other projects” because of understaffing in his department.

“The delay is due to the unavailability of people we’ve been working with,” Mr Rosenthal said.

Because of this, he said, “It is unlikely we will sign a contract by July 15.” However, he noted, he hopes the signing would take place by the end of summer.

He said the state had originally been pushing for a June 30 deadline, but had changed it to July 15.

Mr Rosenthal said he had been in Hartford Wednesday meeting with the Department of Environmental Protection on water issues in connection with Fairfield Hills, including transfer of the water company and a remedial action plan.

“Everything is moving along,” he said. “It’s hard to come up with a timetable.”

In regard to the special act creating the Fairfield Hills Authority, Sen McKinney said, “My role is to try to do what is best for Newtown. My role is to get it done.” He said the special act would not have gone forward if it did not have approvals from the Board of Selectmen and Legislative Council. However, he noted, if the town wants additional modifications, “I’ll follow what they want.”

He noted he had heard that some residents felt that there had not been enough public input into the issue. “Did people have sufficient opportunity to be heard? Were other options considered? If yes, they had their chance,” he said. “I hope the public knows about it.”

Sen McKinney said this week that the original bill to which the special act was appended was not forwarded to the House because of opposition by the state Department of Economic and Community Development and Office of Policy and Management to parts of the bill. “A decision was made not to go forward in the House,” he said.

Sen McKinney said filing a special act for the authority was not possible because it was received too late in the legislative session. The failure of the original bill to pass necessitates its inclusion as an amendment on an existing bill either in the special session or next year.

Attempts are now being made to have the special act addressed in the upcoming special session, which begins Monday. On June 10, Mr Rosenthal said, “According to Julia [Rep Wasserman], it’s being prepared to go on a budget implementer bill.”

He said the legislative leadership has to allow the special act to be appended as an amendment to a bill in the special session.

Sen McKinney said when a legislator asks for an amendment during the regular session the leadership would generally ask if it would cost the state anything and if it would only affect Newtown. They would also question if other legislators would want special considerations if this request were granted.

In the regular session, special exceptions are usually granted, Sen McKinney said, noting, however, it has to be taken into consideration that the amendment for the Fairfield Hills Authority would be requested in a special session. He said he would not guarantee the amendment would be allowed.

Before the amendment can be added, however, Mr Rosenthal noted in his letter, there is “one serious problem” in the current act. “It has to be changed. It’s different from what was approved.”

In his letter to Sen McKinney and Rep Wasserman, Mr Rosenthal called attention to Section 3 of the proposal passed by the selectmen and council, which read: “The Authority shall adopt the ‘Master Plan’ for the Fairfield Hills Campus, as approved by the Newtown Planning and Zoning Commission.” In contrast, he noted, the corresponding section of the Special Act states “that the authority shall prepare and adopt a master plan for the Fairfield Hills Campus. Such plan shall become effective upon approval of the Planning and Zoning Commission of the Town of Newtown.” 

He explained the town’s wording needs to replace the language in the Special Act.

Mr Rosenthal’s letter concluded, “This change is critical if the authority is to be governed and controlled by the master plan prepared by the advisory committee and amended by the selectmen and Council, approved by the public at a town vote before being finally approved by the Planning and Zoning Commission.”

Sen McKinney said he is trying to find out where that new language came from. “It has always been the intention that the authority’s power would be limited to implementing the master plan,” he said, adding that drafting errors happen in creation of acts and bills.