Flatto Blasts Metro Center Judge, Says Town Will Appeal

First Selectman Ken Flatto came out swinging against the Bridgeport Superior Court judge who ruled Tuesday that Flatto had illegally appointed a former town official as wetlands compliance officer on the Fairfield Metro Center project and said the town will appeal the judge's ruling.

"I am absolutely convinced the judge is going to be shown wrong in Appellate Court. I have no doubt of that," Flatto said in a voicemail late Tuesday. "This has been a case that, from the beginning, the judge has made what I consider bizarre commentary on."

"The judge pre-judged the case in his first opinion, before the case was even heard," Flatto continued. "In his first opinion, he said the town didn't follow the Charter. He had no right to do that, and, so, in my opinion, the judge was absolutely flawed, and I am confident our attorneys will be appealing and will win on appeal."

Flatto said Judge Richard Arnold's ruling, which voided Flatto's appointment of Gary Weddle, former chairman of the town's Inland Wetlands and Conservation commissions, as wetlands compliance officer, would have no impact on the project moving forward. "This issue is totally irrelevant to the train station progress and the train station going forward, the construction going forward," Flatto said. "This decision in no way impacts our project, our ability to finish the project, and, in fact, the town has already committed to complying with the [Inland Wetlands'] conditions and has been doing that all along."

George Bisacca, the attorney for seven Fairfield residents who challenged the legality of Flatto's removal of the town Conservation Department from oversight on the Metro Center project and his appointment of Weddle as wetlands compliance officer, said Arnold's decision puts Town Conservation Director Thomas Steinke back in charge of ensuring that contractors adhere to the Inland Wetlands Commission's conditions of approval on the project.

Bisacca said the wetlands compliance officer falls under Steinke's supervision as does Redniss & Meade, consultants hired by the town to be a site monitor on the project. "We think it's incumbent on Flatto to immediately address that based on the judge's decision," Bisacca said of placing Redniss & Meade under Steinke's supervision.

"Steinke's authority is derived from the Charter, not from Flatto or the Conservation Commission. Whoever holds the office of conservation director has that authority as long as he remains conservation director, so it's up to him to do his duty," Bisacca said.

Weddle initially reported only to Flatto and Town Attorney Richard Saxl, though Flatto allowed Weddle to give updates to the Inland Wetlands Commission after the commission endorsed his appointment as wetlands compliance officer after the fact. Weddle and Redniss & Meade didn't report to Steinke or the Conservation Department and Flatto removed files on the Metro Center from the Conservation Department's office in Sullivan-Independence Hall and put them in the office of the Town Plan and Zoning Department.

Bisacca said the town had the right to appeal Arnold's decision, but his clients, who have identified themselves as "Concerned Citizens," had the right to make a motion to remove an "automatic stay" on execution of the judge's order while it's under appeal. "We have the right to make a motion to remove the stay because of the environmental issues and because the law is so clear," Bisacca said. "In view of the clarity of the law as outlined by the judge, their appeal would seem to be only for purposes of delay."

Flatto, asked how the project wouldn't be affected by Arnold's ruling when Flatto had removed Steinke and the Conservation Department for allegedly delaying the project, referenced the automatic stay that comes with an appeal.

"My guess is an appeal would put a hold on any ruling, but I'm not an attorney, so I can't say for sure," Flatto said.

Construction work on public portions of the Metro Center is expected to last 16 months, and Flatto said he hoped to award a contract for that work by the end of next week. Flatto previously identified Guerrera Construction Co. of Oxford as the finalist for the job. Guerrera was previously hired by the town to improve off-site intersections to handle heavier traffic.

Flatto in December 2007 had removed Steinke and the rest of the Conservation Department from the project after Kurt Wittek and Aaron Stauber, managing directors of Blackrock Realty, LLC, the private developer on the project, had complained that Steinke was holding up the project and threatened to sue the town.

The seven Fairfield residents said Flatto didn't allow Steinke to defend himself and that there was no evidence Steinke was doing anything other than requiring Blackrock Realty to adhere to conditions of the permit granted by the Inland Wetlands Commission.

The seven Fairfield residents who are plaintiffs in the legal action are Edward Bateson, a member of the Representative Town Meeting from District 3; Alexis Harrison, a member of the RTM from District 2; Jeanne Konecny, a member of the town's Land Acquisition Commission and a founding member of the Friends of Open Space; Pamela Ritter, a former member of the Inland Wetlands and Conservation commissions; Jocelyn Shaw, founder of the Mill River Wetland Committee; Les Shaffer; and Jane Talamini, a founding member of the Friends of Open Space. Philip Meiman, former chairman of the Inland Wetlands and Conservation commissions, was a plantiff before he died in May.