Steinke Denies Anonymous Allegations by Metro Center Developer's Attorney

Town Conservation Director Thomas Steinke on Wednesday denied anonymous allegations from an attorney for the Fairfield Metro Center developer that claimed "Steinke and/or his staff" planned to prevent construction of the massive development on lower Black Rock Turnpike that would include the town's third train station and nearly 1 million square feet of commercial space.

The letter from Gary S. Klein, Blackrock Realty, LLC's litigation counsel, also threatened litigation if Steinke and his staff were restored to their oversight role on the Metro Center and violated Blackrock's rights or unlawfully interfered with the project.

"Neither I nor any member of my staff has ever stated that if the Conservation Department was ever reinstated to the train station project that we would delay the project by taking an extended period of time to familiarize ourselves with the project," Steinke wrote in a letter to town Inland Wetlands Commission members. "In that regard we would expect the project to continue while we refamiliarize ourselves with it and we do not believe that process would have a negative impact on construction."

"Neither I nor any member of my staff has ever indicated to anyone that we would remove Redniss and Mead from the project," Steinke's letter says. "Neither I nor any member of my staff has ever stated that our intent would be to prevent the construction of the project."

"I am sure that Mr. Saxl, Town Attorney, will demand to know who has made these incorrect statements about myself and my staff," Steinke's letter concludes.

Klein bases his allegations against Steinke and/or his staff in the letter "upon information and belief."

Klein's letter to the Inland Wetlands Commission was dated July 21 - six days after the commission voted to approve a motion to have Saxl recommend to First Selectman Ken Flatto that Steinke and his staff be reinstated on the Fairfield Metro Center and charged "with full oversight, responsibility and authority on the Black Rock project," according to draft minutes of the commission's July 15 meeting.

Klein's letter came 15 days after a ruling from Bridgeport Superior Court Judge Richard Arnold that said Gary Weddle, the wetlands compliance officer on the Metro Center, had been illegally appointed by the Inland Wetlands Commission because Weddle wasn't under Steinke's supervision. Arnold's ruling says Steinke also should have supervision over consultants working for the commission, which would include Redniss and Mead, the site monitor. Flatto had hired Weddle to be an "expert consultant and advisor" on the Metro Center - with general supervision over other consultants hired by Flatto on behalf of the commission - about two months before the commission hired Weddle to be the wetlands compliance officer, according to Arnold's ruling.

Kathryn Braun, a Representative Town Meeting member from District 8, asked Flatto during his monthly Fairfield Metro Center update to the RTM on Monday night if the Conservation Department had been restored to its oversight role on the project, but Flatto declined to answer.

Braun on Wednesday said members of the Inland Wetlands Commission had made it "very clear" that they wanted the Conservation Department restored on the Metro Center and a Bridgeport Superior Court judge had done so as well.

"I, myself, have read over 1,000 pages of evidence and I have not seen a shred of evidence that Steinke has done anything wrong," Braun said. "The evidence I found was work going on for a month without the Conservation Department knowing about it."

Flatto on Friday said the Inland Wetlands Commission had approved contradictory motions at its July 15 meeting - one motion said the commission wanted Steinke to have general supervision over Weddle, but wanted Weddle to report to the commission, while the other motion said the commission wanted the Conservation Department restored on the project and charged with "full oversight, responsibility and authority" on the project.

Flatto said Friday that he wanted Stanton Lesser, the commission's chairman, to speak to the commission to clarify its intent and expected that to happen over the next month.

Flatto is able to defy Arnold's July 6 ruling because Weddle is appealing that ruling and an "automatic stay" comes with the appeal.

However, George Bisacca, the attorney for seven residents who sued Weddle, saying he was illegally appointed, and who wanted the Conservation Department restored on the Metro Center, filed a motion to terminate the automatic stay. The motion is scheduled to be heard at 2 p.m. Aug. 10 in Bridgeport Superior Court.

Flatto removed the department in December 2007 - about a month after Aaron Stauber, a managing director of Blackrock Realty, demanded he do so, claiming the department was holding up the project. Blackrock Realty later threatened to sue the town if the department weren't removed.

Arnold's ruling says Flatto testified in court that he didn't take Blackrock's threat to sue the town seriously.

Flatto's decision to remove Steinke came six days after Steinke informed Flatto of what Steinke believed was a significant violation by Blackrock Realty of the Inland Wetlands Commission's permit for the Fairfield Metro Center. Flatto referred Steinke to Saxl, according to Arnold's ruling.

Saxl appeared to take Steinke's discovery of the violation seriously, according to statements in Arnold's ruling.

Arnold's ruling says Saxl notified John Fallon, Blackrock Realty's land-use attorney: "We need to have Steinke's checklist accomplished by Thursday or there will be enough egg on everyone's face to make matters impossible."

Saxl also told Fallon that Blackrock Realty didn't have a "full permit signoff" and "shouldn't be doing more than removing the slab," according to Arnold's ruling.

Five days later, Flatto wrote a letter to Steinke, Annette Jacobson, the department's administrator, and Lesser, saying he was appointing Redniss and Mead "to serve as the agency's exclusive monitor, compliance review officer and coordinator of the work for Black Rock Realty's permit and the project," Arnold's ruling says.

"Despite Flatto's direct testimony that he would never listen to a developer's demands and didn't view Black Rock Realty's threats of litigation as serious, Flatto informed the Conservation Director and Inland Wetlands Agency staff members, including Steinke and Jacobson, that they were to have no further oversight or involvement in the project, effective immediately," Arnold's ruling says.

Flatto hired Weddle, a former chairman of the Inland Wetlands Commission, on Jan. 17, 2008  to be an "expert consultant and advisor" who would have general supervision over other consultants Flatto hired on behalf of the Inland Wetlands Commission, according to Arnold's ruling. The commission about two months later approved Weddle as the wetlands compliance officer, which essentially has the same functions.