Officials Refine Wording Of Fairfield Hills Authority Enabling Legislation

By Jan Howard

State and town officials met June 19 to redraft language in the Special Act Creating a Fairfield Hills Authority to make sure it complies with what was approved by the Board of Selectmen and Legislative Council.

State Sen John McKinney (R-28th) and State Rep Julia Wasserman (R-106th) hope to attach the special act to a budget implementer bill. The special act originally was attached to Substitute Senate Bill 1004, which passed the Senate but was not forwarded to the House of Representatives.

The special act has been under fire from local opponents who have protested that the authority was being created without providing opportunities for public comment.

Sen McKinney said approval by the state’s legislative leadership is required to add the Special Act to a budget implementer bill.

Since the state budget has not as yet been passed by the legislature, and it is in special session, Sen McKinney said, “The only thing I can promise is that no one is sure what will happen.”

The budget year ends June 30 and a legislative aide to Rep Wasserman said this week that the legislature might pass a temporary spending bill on Monday that would cover essential state services.

 The aide said Rep Wasserman has alerted attorneys that would be preparing the implementer bills to include the language of the special act as it was agreed upon.

On June 26, Sen McKinney said the legislature was “still in limbo’’ regarding the state budget, awaiting some kind of reconciliation that would bring about consensus on a budget.

Because the end of the fiscal year is approaching, he said a two-week spending package to cover essential services would be approved. “We need to keep essential services going. But other things won’t happen,” he added, such as state aid to towns, which would keep the pressure on to approve a budget soon.

The special act would not be able to be part of any essential services resolution, he said.

While its approval by legislative leadership is still up in the air, Sen McKinney said, “We have a good chance of getting it in an implementer bill.”

 In attendance at last Thursday’s meeting were First Selectman Herb Rosenthal, Sen McKinney, Rep Wasserman, Legislative Council members Tim Holian, Will Rodgers, and Francis Pennarola, and Town Attorney David Grogins.

The act provides for the creation of the authority upon the purchase of the Fairfield Hills property and adoption of the master plan for the development of the 189-acre campus.

“If there is no approval of the master plan, there is no authority,” Mr Rosenthal said.

Mr Rosenthal said he plans to recommend to the Board of Selectman that an advisory referendum vote on the master plan be held on August 12.

“The charter doesn’t provide for this kind of referendum, but there is nothing to preclude it,” he said. “It will be binding. If voters don’t approve it, it’s back to the drawing board.”

Four changes were made to the proposed draft legislation creating the Fairfield Hills Authority. Two changes were made to add the words “Ad Hoc” in a reference to the Advisory Committee for Fairfield Hills, and the deletion of the word “real” in regard to authority membership and ownership of property in Newtown. The sentence reads: “Each such member shall be an elector in the town of Newtown and the owner of property in the town of Newtown.”

Another section was amended to read: “The authority shall adopt the legal description of the property to be included in the Fairfield Hills campus as set forth in the master plan. After adoption of the legal description, the authority shall implement the master plan.” This corrects a mistake in the initial act that stipulated “the authority shall prepare and adopt a master plan.”

Mr Rodgers said, “One clear concern of the council is that the authority be the implementer of the plan. It is our intention to define the land.”

“The authority doesn’t adopt the legal description,” Mr Rosenthal said. “The language in the master plan tells them what areas they are involved in.”

Another section of the act was amended to read: “the master plan may be amended by a majority vote of the Board of Selectmen and a two-thirds majority vote of the Legislative Council.” The previous wording stated: “the master plan may be amended by majority vote of both the Board of Selectmen and the Legislative Council.”

Rep Wasserman advised that the state has completed a survey of the property, and Mr Rosenthal noted that a title search has been completed.

Rep Wasserman questioned whether the Legislative Council would be required to hold public hearings if amendments have to be made to the plan. Mr Rodgers said that since changes to town ordinances require a public hearing, the same procedure would apply to the master plan. On June 25, during a telephone interview, he restated his opinion that a public hearing would be required “because amending the master plan is of equal seriousness to a change in a town ordinance.”

In response to a question from Rep Wasserman, it was noted that members of the authority would be volunteers, and only staff would be paid.

“There are no paid board members in town, and there is no intention to pay the authority,” Mr Rosenthal said.

The officials also discussed leasing of the buildings on the Fairfield Hills campus and how leasing rates would be determined.

Mr Grogins said the town is able to tax a lessee. A subsection of the proposed special act states, “Property taxes on land and buildings on the Fairfield Hills Campus that are leased by the authority pursuant to subsection (d) of this section shall be imposed in accordance with standard assessment practices of the town of Newtown.”

Assessor Denise Hames confirmed that property taxes would be assessed by the town on land and buildings leased for more than $1 a year. Any renovations a lessee would make that would increase the value of the building would also be assessed, she said, and would increase the value of the building. Personal property would also be taxable. Nonprofit organizations leasing for $1 a year would not be taxed.

It was also noted that any excess revenue to the authority would come back to the town.

Mr Rodgers questioned if it would be wise to insert language in the act authorizing restrictions on town employees being employed by the authority. It was noted, however, that while it would not be appropriate for inclusion in the special act or the master plan, it would be appropriate to be included in the rules and regulations of the authority.

Mr Rosenthal said he had heard the rumor in town that he plans not to seek reelection so that he can become director of Fairfield Hills. He said the rumor is not true and that he has no interest in being employed by the authority.

“I have no interest in serving in that capacity,” Mr Rosenthal said.