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Diminishing the Selectmen’s Role is Needed to Ensure No Housing at Fairfield Hills.

A position paper by IPN Board of Selectmen candidates Bill Furrier and Po Murray.

The town of Newtown purchased Fairfield Hills so that it could take control of the property and shape its future development. We implemented a master plan that does not included housing as an approved use for the property, and that concept was upheld by a recent town survey and by the Fairfield Hills Master Plan Review Committee.  A recent proposal to convert Cochran House into 160 apartments has triggered Planning & Zoning to consider allowing big box, high density housing into FFH, and Newtown, for the first time. 

P&Z is just one vote short of approving this type of housing development, and their deliberations have turned this housing proposal into a major election issue for P&Z candidates.  Their actions also thrust the Board of Selectmen candidates into the electoral fray by virtue of the fact that our selectmen hold sole power of approval of all conforming leases at FFH. 

If P&Z picks up a vote in favor of housing in the upcoming election and approves this sweeping change in allowable housing, it would give the Board of Selectmen the power to radically change Newtown in perpetuity - unless action is taken by the Legislative Council to modify or repeal the ordinance that gives the Selectmen sole power over approving conforming leases at FFH.

As our election debate unfolds, the public should seek clarity from their candidates about how they will vote for key issues surrounding housing.  We think that the following questions should be answered for the voters by candidates for the Board of Selectmen: 

  • Do the candidates for Selectmen agree or disagree with P&Z taking up the housing issue considering the expressed opposition of the community, and considering the absence of any application pending which could call for P&Z action? 
  • Will the candidates for Selectmen support or oppose any housing plan that may come before the board? 
  • Do the candidates for Selectmen support the continuation of the board possessing absolute power over the approval of conforming FFH leases, housing or otherwise, or do they support the people’s right to vote on these issues?

 

Let us be clear as to our position.  We oppose housing at Fairfield Hills especially high density apartment projects; we think that they represent a clear and present danger to Newtown.  We think that these housing projects will bring urban problems to Newtown. 

Of particular concern to us is the potential of relinquishing our control over the development of Fairfield Hills. We believe that the housing proposals being discussed lack viability without financial support from outside sources, such as readily available federal subsidies – one example being HUD funding via section 8 subsidies.  Outside funding carries with it conditions that will likely cause Newtown to lose control of Fairfield Hills, a result that’s contrary to the very reason we purchased the property.

We believe that as long as P&Z seeks to allow housing, the controversy will remain with us.  It is then only a matter of time before just two members of the Board of Selectmen will allow unwanted high density housing projects to become a part of FFH.

We believe that the sole power to approve leases held by the Board of Selectmen, a special exception to our own Charter, is an excess of power that must be repealed.  The Legislative Council can easily do that by amending the FFHA ordinance to include a town vote on leases.  We believe that better still the council should simply repeal the ordinance in full because we do not need a development authority managing non-existing commercial development and because we think the ordinance has caused our community harm by contributing to the erosion of trust that once glued our community and its government together.

Therefore, we believe that we can only end this housing debate with finality by bringing FFH under our town charter and moving forward with updating the Master Plan according to the consent of the community, which is best established with a town wide referendum. 

Po Murray October 16, 2011 at 03:03 pm
Jim,
Please provide me with evidence that the following statement is true. "Dissolving the FFH Authority would be yet another one. The legal ramifications of dissolving the Authority would be OOs x 100! The State sold FFHs upon establishment of an Authority. Contracts and leases have been entered via the Authority. Dissolving the Authority would put into legal question the ownership of FFH, the town's control of FFH, the contractual and lease agreements, NYA, etc. The town would be open to liability on all counts, and likely in litigation for a decade..."
Po Murray October 16, 2011 at 03:16 pm
House Bill No. 6712
Public Act No. 05-33 AN ACT AUTHORIZING MUNICIPALITIES TO ESTABLISH MUNICIPAL DEVELOPMENT AGENCIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2005) On or before December 31, 2005, any municipality that (1) has a population between twenty-five and thirty thousand persons as enumerated in the 2000 federal decennial census, (2) occupies a total area of not less than fifty-nine square miles, and (3) is the site of a correctional institution operated by the Department of Correction, may, by ordinance adopted by its legislative body, establish an authority to oversee development or redevelopment of a specified area or parcel of land that is located in and owned by the municipality. Such ordinance shall prescribe (A) the boundaries of the area or parcel of land within the jurisdiction of the authority; (B) the method of appointment and terms of office of members of the authority;
Jim Gaston October 16, 2011 at 03:16 pm
Finally, Mr. Furrier has stated that the Lease process violates the State Constitution because there must be three branches of government. He cites a provision in the State Constitution. Yes, a little knowledge is a dangerous thing. Again, why we must Listen and Reason. That Constitutional provision refers to the government the State is required to provide, legislative, executive and judiciary. Mr. Furrier may have noticed, there is no judiciary in Newtown. The State statutes passed by the General Assembly provide for the required elements of Town government. Okay, back to the 5% cuts on the town-side budget...the public won't go away Po/Bill...and they won't be overwhelmed. Cheers.
Po Murray October 16, 2011 at 03:16 pm
(C) the powers and duties of the authority which shall include implementation of a master plan of development, hiring employees, building, maintaining and operating improvements to the land in accordance with such master plan and negotiating and entering into leases for any part of the land and improvements thereon, provided (i) any lease shall be subject to the approval of the executive authority of the municipality, and (ii) no master plan of development may be implemented by the authority unless there has been opportunity for public comment on such master plan of development at a properly-noticed public hearing in the municipality; (D) a schedule for reporting progress on the implementation of the master plan of development to the legislative body and other appropriate municipal officials or agencies; and (E) any other provisions deemed necessary by the legislative body.
Approved May 17, 2005
Jim Gaston October 16, 2011 at 03:33 pm
You make my point. This authority is tailored specifically for Newtown, note the descriptions. It was enabling legislation tied to the purchase and subsequent lease agreements. Your proposal to dissolve it would be a legal nightmare. If you don't understand that then with all due respect, your candidacy, especially after supporting the $4MM Allstar fiasco is even more financially scarier than I thought. By the way, where's the 5% town-side budget reduction coming from? Do you support a vote on a Special Appropriations referendum vote on the Allstar/OOs $4MM fiasco such that its failure voids the Allstar contract? Yes or No?
Po Murray October 16, 2011 at 04:33 pm
Jim,
Your evidence would not stand in the court of law. I have been told many times that the ordinance could be repealed. Please provide me with documentation that proves your statement to be true.
Po Murray October 16, 2011 at 04:43 pm
Also, more detail on the 5% town spending reduction over the two years will come.
Re: a referendum on the O/O- I do not believe the current process allows for this and there is a legal liability if the bid awarded to All Star was pulled. I believe All Star already ordered the new buses. However, If you find a way to do this legally and without the liability of All Star suing the town, then I will support the referendum.
Jim Gaston October 16, 2011 at 05:18 pm
Po,
1) The voters have a right to know about the 5% reduction NOW (if you really have specifics) not at a time that runs the clock out and a complete transparent analysis can be done. 2) the referendum can be done through the Special Appropriations provision I have already disclosed to you or by a Local Question with the budget. Cite me the authority otherwise, 3) it is not whether AllStar can sue,it is whether they would be successful and whether the cost would be less that the $4MM the IPN leadership has exposed us to. The contract expressly provides the clause to void the contract. I believe we would be successful. 4) who are the lawyers who tell you that by rescinding the ordinance tomorrow we would not be in a legal mess costing thousands of dollars of litigation? So much for transparency. Unsubstantiated statements like "your evidence would not stand in the court of law" demonstrates a lack of understanding of the legal issues and our legal system. Do you stand by Mr. Furrier's statement that the lease arrangement violates the State Constitution, too?
Po Murray October 16, 2011 at 08:27 pm
http://newtownbee.com/News/2011-09-22__13-03-14/Selectman%E2%80%99s+Concern+About+FFH+Ordinance+Addressed+By+Town+Attorney
"Mr Grogins simply confirmed that there was a time limit set by the state legislature for the town to develop a Fairfield Hills ordinance after lawmakers voted to enable Newtown to establish its non-policymaking authority overseeing the town-owned campus, which was formerly a state hospital." The Fairfield Hills Authority ordinance was created to "oversee" FFH.
Po Murray October 16, 2011 at 08:30 pm
Same article:
"First Selectman Pat Llodra then referred to Mr Grogins response to question eight, which states the authority to "make, alter or repeal" ordinances is vested in the Legislative Council by Section 7-50 of the charter."
Po Murray October 16, 2011 at 08:48 pm
Jim, please read this document. There is no reference to "The State sold FFHs upon establishment of an Authority"
http://www.newtown.org/pdf/FFH_Conditions_of_Sale.pdf The FFH property was purchased in 2004 and the special act allowing the the creation of the FHA ordinance was passed in 2005.
Alex Tytler October 16, 2011 at 09:23 pm
Well we can be sure that you democrats will never reduce anything, anytime. If ipn does an across the board 5% absolute cut over 2 years they have my support.
Tricia Owens October 16, 2011 at 11:05 pm
Jim,
Very simply, I'd like to know where you stand on housing at FFH... are you for or against it? Thanks. Tricia O.
Karen C. Pierce October 16, 2011 at 11:51 pm
Jim, I was at the P&Z meeting. When the meeting opened for Public Comment we were told that public comment would be per item agenda rather than all at the beginning. One contstituent specifically asked prior to the meeting if there would PublicComments regarding FFH and was told yes.
First item: Toll Brothers proposal. Floor opened to public opinion, Toll Brothers presented, then the floor was reopened to public for questions based on the presentation. Second Item: FFH...oops,never mind, we've heard enough,no public opinio, but plenty of commentary regarding the work of the Review Committee and the poor judgement shown by the public...and that only those who oppose something step forward to speak;therefore, they do not represent the people of Newtown. Feel free to check the video feed...what I am saying is not spin.
Jim Gaston October 17, 2011 at 12:58 am
Po, Your not listening. I'm not going to play your charade where you change the subject or reframe what I have said. You don't listen, then address a different issue, over and over and over. We'll let the voters decide. You are wrong though, to just rescind the ordinance would create a legal nightmare, whether you understand it or not. Now where are the specifics on the 5% townside budget reductions?
Tricia, I am against it. I have been on record for ballfields, open space, and some limited commercial development (if financially viable) for years. I like the idea of a band shell as well. Thank you for asking. I believe candidates should give specific answers to specific questions. Perhaps Ms. Murrray could give us all specific answers to the specific question ... where does her specific plan that she has to reduce the town-side budget by 5% will specifically come from. Best Regards, Jim G
matt October 17, 2011 at 01:39 am
Yes Jim, i would be interested in your opinion on housing at fairfield hills as well. It's obvious that this is a critical issue to the public. Would love to hear your thoughts on the matter
Sam Mihailoff October 17, 2011 at 01:55 am
ladies and gentlemen...lettttt's getttt readdddedy to rummmmmmmmbullllllllllll
Emma October 17, 2011 at 01:59 am
Matt, Jim answered the question....see below.
Jean Thompson October 17, 2011 at 02:03 am
it would seem like all these two candidates do is squabble like children..a few days ago I wasn't to sure who to vote for, after watching you two i think I will stay home, Jean
Po Murray October 17, 2011 at 02:17 am
It is very important to me that the public is not provided with false information. Jim is claiming that if the Fairfield Hills Authority ordinance is repealed, there would be a $400 million dollar liability (o/o liability x 100). This is a serious claim which must be vetted. Perhaps the town attorney could provide a legal opinion on this matter.
Sam Mihailoff October 17, 2011 at 02:25 am
Po, I finally get it...your failure to give any specifics to the 5% reduction is because "It is very important to me that the public is not provided with false information"
Thanks for finally clearing that up
Wonder Woman October 17, 2011 at 02:48 am
I do not believe Po Murray has failed at clearing anything up. She's extremely intelligent, detailed, honest, and has more integrity and class than many people (haters) on this website. Keep it coming Po!!
Jim Gaston October 17, 2011 at 04:31 am
Po, another misrepresentation, the quotes are "Think of the legal quagmire, contracts, etc. FFHs is that x 100!" and "The legal ramifications of dissolving the Authority would be OOs x 100!" It is the legal quagmire that is 100 fold more complicated, not necessarily the $$ liability (though potentially significant). Why you have to continue the intentional misrepresentations and can't answer a simple specific question is quite sad.
matt October 17, 2011 at 03:39 pm
Thanks Emma, sorry I was reading from my phone and didnt scroll down enough!
Anywhere but here October 18, 2011 at 12:11 am
I can't wait to move out of this town. The politics are horrible with the "good ole boys" deciding everything. What was the point of buying fairfield hills if we are just going to build more housing which stresses the budget (especially education) more than business does? NOT nicer in Newtown any more.
yoda October 18, 2011 at 12:18 am
Anywhere, don't be too sure that the boys are making all the decisions.
We bought ffh so we had control of what goes in, keep in mind NO ONE predicted the economy to fall. Just my opinion.
yoda October 18, 2011 at 12:24 am
The polls will dictate who has more integrity and class.
Sorry Wonder Woman your little barks won't work here, stick with the six million dallor man.
Sam Mihailoff October 18, 2011 at 12:32 am
Wonder Woman... now that would preclude that you know of the integrity of the people on the website...you should change your name to Stretch Armstrong
Douglas Brennan October 21, 2011 at 11:53 am
Dear Po: As Twain said: You should not argue with idiots. They will just drag you down to their level and then beat you with experience.
Don't get dragged down. Hyperbole might work with a jury of their peers but not with a jury of yours (informed, educated and thoughtful people.)
Douglas Brennan October 21, 2011 at 12:02 pm
Watch out: Soon we will receive the argument that if you cut the spending "Children will starve."

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