'Concerned Citizens' Claim Victory in Metro Center Suit

Fairfield residents who fought First Selectman Ken Flatto over Flatto's booting of the town Conservation Department from oversight of the Fairfield Metro Center project claimed victory late Tuesday afternoon.

George Bisacca, the attorney for seven Fairfield residents who identify themselves as "Concerned Citizens," said about 5:20 p.m. that Bridgeport Superior Court Judge Richard Arnold has ordered that Gary Weddle be removed from the position of wetlands compliance officer on the Metro Center project because Weddle wasn't under the jurisdiction of Town Conservation Director Thomas Steinke.

"We have to have a compliance officer, and he'll have to be subject to Steinke," Bisacca said, adding that Weddle "wasn't legally appointed."

"The illegality of Flatto's action was perfectly clear from day one, and we believe the decision was a foregone conclusion, despite all the efforts of the town attorney to prevent it from happening," Bisacca said.

"It's good timing, because they're about to start all that environmental work," Bisacca added.

Saxl and Flatto didn't respond to messages left on their cell phones seeking comment on the ruling and to say if an appeal might be filed.

Flatto had removed the Conservation Department from its oversight role on the Fairfield Metro Center in December 2007 after Kurt Wittek and Aaron Stauber, managing directors of Blackrock Realty, LLC, the private developer on the project, threatened to sue the town because Steinke was allegedly holding up the project.

After Flatto removed Steinke and the rest of the Conservation Department from the project, he appointed Weddle, a former chairman of the Inland Wetlands Commission, as a wetlands compliance officer, and the Inland Wetlands Commission endorsed Weddle's appointment after the fact.

Weddle initially reported only to Flatto and Saxl, though Flatto later agreed to let the Inland Wetlands Commission hear updates.

The Concerned Citizens had argued that Flatto overstepped his authority in booting the Conservation Department off the Fairfield Metro Center and appointing a wetlands compliance officer who didn't report to Steinke.

Flatto's controversial action spawned YouTube videos of town Inland Wetlands Commission meetings in the spring of 2008 and reams of copy in the opinion and letters' section of local newspapers. Flatto said at the time that he was justified in removing Steinke from the project because Steinke reported to him on matters of administration and operation and to the Conservation Commission on matters of policy. In Fairfield, the Conservation Commission is comprised of the same members as the Inland Wetlands Commission.

But the Town Charter gives the Conservation Commission the power to "engage such employees or consultants as it requires to carry out its duties, including a wetlands administrator and assistants who, subject to the general supervision of the Director, shall enforce all laws, ordinances and regulations relating to matters over which it has jurisdiction and who shall have other such duties as the Commission or the Director may prescribe."

Edward Bateson, a member of the Concerned Citizens and a District 3 member of the Representative Town Meeting, said he was "ecstatic" over Tuesday's ruling. "I'm ecstatic that the rule of law stood," he said.

"I assume the decision puts Steinke back in charge supervising contractors which is how it should be. The law applies to everyone," Bateson said, adding that Steinke was in charge of ensuring that every other development in town complied with inland wetlands regulations.

"I'm very happy an independent, unbiased individual saw this because this was very cut-and-dry," Bateson said.

Alexis Harrison, a member of the Concerned Citizens and a District 2 member of the RTM, said, "We're obviously very gratified the court agreed that the first selectman can't arbitrarily remove a single department from their duties as prescribed in the Town Charter."

"It shows people can fight City Hall and win," Harrison said.

The other five members of Concerned Citizens are Jeanne Konecny, a member of the town's Land Acquisition Commission and founding member of the Friends of Open Space; Pamela Ritter, a former member of the town's Inland Wetlands and Conservation commissions; Les Schaffer; Jocelyn T. Shaw, who founded the Mill River Wetland Committee; and Jane Talamini, a founding member of the Friends of Open Space. Philip Meiman, a former chairman of the Conservation and Inland Wetlands commissions, was a member of Concerned Citizens before passing away in May.

Harrison said the group is made up of Republicans and Democrats and was not politically motivated.

Bisacca said the town could attempt to "stay" Arnold's decision if an appeal is filed, but he said Concerned Citizens would argue the stay should not be granted.

The ruling came down just weeks before environmental remediation work is scheduled to begin on the Fairfield Metro Center property, which is 35.5 acres at 21 Black Rock Turnpike. It would include the town's third train station, from 1,300 to 1,500 parking spaces for rail commuters and nearly 1 million square feet of commercial development.

The Inland Wetlands Commission granted a permit for the Metro Center project but attached numerous conditions of approval, which normally would be enforced by Steinke or a member of the Conservation Department's staff.

The department no longer has a wetlands compliance officer because Flatto didn't fill that position after Marisa Anastasio left last year for a job with Greenwich's Conservation Department. Ed Jones, the department's open space manager, was assigned to do his job and the job of a wetlands compliance officer.

Bisacca said the suit arguing that Weddle wasn't legally appointed by Flatto took a while to be resolved. "It was a long, hard fight, but you can't avoid the truth," he said.