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Whose Decision Is It? By Bruce Walczak

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To the Editor:

The State Legislature passed a special act allowing the Newtown Legislative Council to create, by ordinance,  a municipal development agency; the Fairfield Hills Authority. The ordinance details the authority's responsibilities. Their duties are outlined in detail since the FFHA was created with the privilege of not abiding by the town charter.  With that privilege comes Newtown's obligation to allow the authority to perform its duties in strict compliance with the ordinance.

Last week at a meeting of the Fairfield Hills Authority, as reported by the Voices Weekender, "the acting Chairman Mr. Carley asked the authority to look into their Charter and see what their responsibilities are. Many members expressed feelings that their authority (as an authority) is being pulled into different departments. Mr Clark has recently met with Public Works and Parks & Rec, and explained that their perspective is to jump on projects, and their intention has never been to undermine the authority.

A discussion then opened about the Glander Site 3 Baseball Field, which recently was approved by the Planning and Zoning Commission. Mr. Bernardi asked why they had not heard about this field, and if they would ever see the plans before the field is constructed."

Over the last few years the first selectman's office and the town departments have been consistently usurping the authority's duties and responsibilities. This has resulted in numerous discussion by the FFHA on the subject and recently their questioning the relevancy of the authority.

The ordinance says:

Section 5  -  The Authority shall have the power to:

1. Implement the master plan for the development and operation of the premises including, without limitation, the power to clear, to demolish, repair, rehabilitate, construct and insure real property in its possession;

2. The improvements essential to the preparation of land for its use in accordance with the provisions of the master plan;

3.  Install, construct and reconstruct streets, utilities and other improvements necessary to carry out the master plan;

4.  Negotiate leases for all or any part of the land and buildings of the Premises, in the name of the Town of Newtown, in accordance with the provisions of the master plan, provided that any lease shall be subject to approval of the Board of Selectmen;

5. Employ a staff and fix their duties and retain by contract, or employ private contractors necessary to implement the master plan at the discretion of the first selectman, Board of Selectmen or Purchasing Authority of the town as those bodies deem appropriate; and

6.  To the extent necessary, expend funds available to the authority, at the discretion of the first selectman, Board of Selectmen or Purchasing Authority of the town as those bodies deem appropriate, to implement the master plan in accordance with the owners granted to the authority.

The gradual transfer of the authority's power, without their approval, in violation of the ordinance and without contracts, appears to be illegal and must be stopped. The Legislative Council should demand that the ordinance be obeyed.

Bruce Walczak

Glover Avenue, Newtown         May 4, 2016

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