keldahearing

Board of Selectmen: Town will pay Lachat bill
Weston FORUM
by PATRICIA GAY
Jun 28, 2006

A “No” vote at the annual town budget meeting in April has not prevented the Board of Selectmen from taking steps to pay bills already incurred on the Lachat project.

At a special meeting held Tuesday at 10 a.m., the selectmen unanimously voted to approve a supplemental appropriation of $98,500 to pay the town’s share of existing bills for the Lachat project. The project is a joint venture between the town and the Nature Conservancy to create a gateway to Devil’s Den on property once owned by the late Leon Lachat.

If the selectmen’s appropriation is approved by the finance board, the money will be withdrawn from the town’s fund balance and paid to the conservancy.

The move comes after the Annual Town Budget Meeting on April 19 during which voters rejected using $450,000 from the capital budget to move the Lachat project forward. At that meeting, Ken Bernhard, town attorney said he believed if the town did not pay its share, it would be breaking its agreement with the Nature Conservancy to cover half of the cost of the project.

Voters at the budget meeting also rejected a motion to include $100,000 in the 2006-07 budget to cover half the costs already incurred on the project.

A plan for the project, including a new visitors center, was withdrawn from the planning and zoning commission after considerable public opposition to the plan’s scope and size. There is no current plan pending and the selectmen have said they need to reactivate the Lachat Building Committee to start the project rolling again.

Although voters rejected the payment at the Annual Town Budget Meeting, Mr. Bliss said regardless, the town still owes the Nature Conservancy its share of what has already been spent on the project. Selectman Glenn Major, who attended the selectmen’s meeting via telephone conference call, made the motion for the appropriation subject to certain conditions.

It was subject to receiving a letter from town counsel confirming the validity of the town’s agreement with the Nature Conservancy and the town’s obligation to pay the expenses incurred thus far. It was also subject to receiving an explanation about a Nature Conservancy legal bill dated June 6 for $4,435.73.

“Is that an appropriate charge to the town?” Mr. Major asked. First Selectman Woody Bliss said he “didn’t have the answer” and would find out about it.

Validity of the agreement

Members of the public in attendance were not opposed to paying the $98,500 expense, but had other concerns. “If we get off spending only $100,000 we are getting off easy,” Jim Maggio said.

He asked if outside counsel, rather than the town’s law firm Cohen & Wolf could review the terms of the agreement that Mr. Major requested. Mr. Maggio said he doubted Cohen & Wolf could be objective since it was also the same law firm that drew up the agreement.

Bob Walpuck said he had two attorneys review the original 1997 agreement between the town and the Nature Conservancy and a subsequent agreement signed in 2004, prepared by Cohen & Wolf, and there were inconsistencies between the two. In Mr. Walpuck’s opinion, the 1997 agreement called for renovating buildings on the property. New buildings were to be added only after the renovations were done. He said the 2004 agreement allows for the construction of new buildings regardless of renovations.

“Why would we be taking the word of Cohen & Wolf who also drafted the 2004 agreement? The town attorney has wasted significant money and is spiraling out of control,” Mr. Walpuck said.

Mr. Major did not agree with that interpretation.

Robert Machson, an attorney, said the Lachat bill should be paid, however he asked if it could be indicated to all parties that the town is not authorized to spend any additional money on the project.

He also agreed with others that Cohen & Wolf should not review the agreement. “You are asking an opinion from an attorney who may not have given you good counsel, and may have a conflict of interest,” he said. “I believe the town has received some poor legal advice.

Ran McNeil agreed and said the town was obligated to pay its debt, but the original Lachat agreement did not call for as large a development that was presented. Carolyn Mulcahey said the terms of the 1997 agreement, not just the 2004 agreement, should have been discussed at the annual budget meeting, and that the Nature Conservancy should provide more documentation on the Lachat endowment fund. Mr. Bliss said he had the endowment information.

Lucy Bowden asked if the town could hold public hearings on issues like Lachat. That way it could be discussed from all sides with an opportunity for public input.

Mr. Major said public hearings in the past have not been well attended. “There were some with zero public present,” he said.

“It’s just a tool I think you should use more often,” Ms. Bowden said.

Lachat property: Public sends message to revive the building committee
Weston FORUM
by PATRICIA GAY
Jun 21, 2006

Selectman Glenn Major heard loud and clear that people want an idle building committee to be revitalized so it can come up with a new plan for the Lachat property.

On Wednesday, June 14, a public forum called Lachat: What Now? sponsored by the League of Women Voters of Weston was attended by about 50 people at the Weston Public Library to discuss the next steps to take in the development of the Lachat property off Godfrey Road.

Several members of the audience asked if the building committee for the project, which was orignally made up of representatives from the Nature Conservancy and representatives from the town, could be reactivated with additional members appointed to provide more diversity.

Mr. Major took that request to the selectmen the next day. He recommended a review of the present makeup of the Lachat building committee and proposed expanding it to include members of the public and certain interest groups.

At the forum, different sides of the Lachat issue were presented by a panel of speakers, followed by a question and answer session with the audience. It was moderated by Richard Troxell.

The panel included Mr. Major, George Guidera, former first selectman, Carolyn Mulcahey of the Lachat Preservation Alliance, a group opposed to the town’s plan of development for the property, and Steve Patton, the director of The Nature Conservancy’s Devil’s Den Preserve.

Conservation

The Lachat Conservation Center project began in 1997, when the town of Weston and The Nature Conservancy worked with Mr. Lachat to obtain permanent conservation protection of his 42-acre farm and buildings.

In 2001, the design process was led by a building committee of town and conservancy appointed officials with input from the Weston schools, environmental educators, green architects and engineers, and interested citizens from the community.

A master plan that included construction of a new nature center building and parking for buses was completed in 2003. It was presented to the selectmen as a detailed scale model with an accompanying 18-page brochure, with descriptions of the design, uses and costs of the project.

The estimated cost of the project was approximately $3 million, which was to be split between the town and the Nature Conservancy.

In June 2004, voters at a town meeting authorized a payment schedule for the project. The first scheduled payment of $450,000 was to have come in the 2006-07 budget year.

But the proposal was withdrawn from Planning and Zoning on Sept. 15, 2005, following an outpouring by the public opposed to the size and scope of the project and increase in traffic it would bring to the neighborhood.

Finally, at April’s annual town budget meeting, voters rejected a motion to approve the scheduled payment, and instead agreed to allocate no money for the project in the next budget year.

‘Old Weston’

Mr. Guidera said he was first selectman at the time the town negotiated with the late Leon Lachat to buy his property, which is situated adjacent to the Devil’s Den Nature Preserve.

The property was considered highly desirable because it had a lot of unspoiled beauty, meadows and open space, Mr. Guidera said. “It looked like old Weston.”

The town worked out a deal for Mr. Lachat to have a life estate in the property, where he could live until his death.

Mr. Guidera said the Lachat property should have a nature center on it, but he believes the town’s proposed plan is out of scale and too big.

“It could be more modest,” he said, and suggested renovating the 18th Century house and existing barn on the property, rather than building new structures, to accommodate a nature center.

He urged the town not to “throw the baby out with the bath water.”

“Lachat could be an amenity that would belong to all the people in Weston,” he said.

Disappointment

Mr. Major said he was disappointed that the Lachat plan was rejected after a lot of work went into it. “It wasn’t developed in a vacuum,” Mr. Major said.

However, Mr. Major said he was at the forum to listen to the townspeople to see where they wanted the project to go. “That’s our role,” he said.
He also expressed concern about breaching the town’s agreement with the Nature Conservancy and said he had discussed that issue with the town attorney.

His disappointment was shared by Dr. Patton, who was instrumental in the proposed nature center’s design. “I thought we had something acceptable, but times change. It’s up to the people, I’m here to learn,” he said.

Ms. Mulcahey, speaking on behalf of the Lachat Preservation Alliance, said it was her group’s mission to preserve the integrity of the Lachat property as open space.

She said the alliance is not opposed to a general plan for the property but is opposed to the size, shape and scope that was presented. The alliance conducted a survey of about 200 residents and a majority were opposed to development of the property. However, she said there was support to do something with the property, such as making it a working farm.

Q&A

During the question and answer session, Don Eldon of Godfrey West said there was a lot of “nebulousness” with the current proposal and supported the “working farm” concept. He said the property existed as a farm in the 1770s and operated as Lakeside Dairy Farm until the 1970s. A working farm would be a good resource for children to learn about nature, he said.

Christine Lomuscio of Cannondale Road said she did not want to see a commercial building, such as the proposed nature center, built on the property. She said she is also tired of hearing about what is it in for the “kids.” “What’s in it for me?” she asked.

To which Hal Matthews of Treadwell Lane responded, “Since you asked, I would like to see the town donate a couple acres of the property for a cemetery, that’s something for you,” he answered, bringing a light-hearted moment to the discussion.

Jim Maggio of High Noon Road supported the idea of a working farm and he and Heather Clayton of Treadwell Lane questioned whether a public hearing on the Lachat project occurred before the town meeting vote in 2004.

Mr. Major responded there was no public hearing but the project had been presented at numerous board and commission meetings.

An issue was raised about renovating the existing house and barn on the property. Dr. Patton said the barn had been patched together and could not be renovated for public use. David Christopher of Godfrey Road West disagreed that the barn could not be renovated, as did Mr. Guidera.

In response to a question about Mr. Lachat’s vision for the property, Mark Harper, the town’s animal control officer, and a friend of Mr. Lachat, said Mr. Lachat wanted to do something good for the town.

“He wanted the house and barn renovated to become a welcome center,” Mr. Harper said. “He anticipated there would be offices put in the house, and he wanted to see the barn restored. He did not want to see a road dissecting the property.”

Several members of the audience asked Mr. Major to reactivate the building committee to move the project forward.

Pat Heifetz, president of the League of Women Voters of Weston, said she was happy with the progress that resulted from the forum. “I am pleased there is action on this issue and that the Board of Selectmen will appoint a diverse committee representing different points of view,” she said.

League of Women Voters asks: Lachat: What Now?
by KIMBERLY DONNELLY
May 24, 2006

The public will have an opportunity to ask questions and hear from a panel of speakers about the future of the Lachat Education Center project at an upcoming informational meeting sponsored by the League of Women Voters of Weston.

The Planning and Zoning Commission held a pubic hearing last September on a joint town and Nature Conservancy proposal to build an education center on the former Lachat property just off Godfrey Road West. That proposal called for construction of a visitors’ center and education facility with classrooms; stabilization and improvements to an existing barn and its annexes; and renovation of an 18th Century house that would be used as an administrative center for Devil’s Den. Parking spaces for hikers would be created near the Godfrey Road entrance with additional parking available in a secluded area above the site on the east meadow.

Estimated costs for the project were approximately $3 million, which was to be split between the town and the Nature Conservancy.

The proposal was withdrawn on Sept. 15, following an outpouring of public opposition. Members of the public opposed the size and scope of the project and the increase in traffic it would bring to the residential neighborhood.

In June 2004, however, voters at a Town Meeting had voted to authorize a payment schedule for the Lachat project. The first scheduled payment of $450,000 was to have come in the 2006-07 budget year.

But, at last month’s Annual Town Budget Meeting, voters rejected a motion to approve the payment, and instead agreed to allocate no money for the project in the next budget year.

Pat Heifetz, president of the League of Women Voters of Weston, said the league is holding a meeting, “Lachat: What Now?” on Wednesday, June 14, to discuss “the underlying philosophy” of the Lachat project.

“We own the land, but what is it we all want to do with it?” Ms. Heifetz said.

“Lachat: What Now?” is scheduled to be held at the Weston Public Library at 7:30 p.m. It will feature a panel of speakers, including Selectman Glenn Major, Attorney George Guidera, Steve Patton, director of Devil’s Den, and a member of the Lachat Preservation Alliance, a citizen’s group opposed to the original Lachat proposal.

The meeting will be moderated by Richard Troxell. It is free and open to the public.

                   Residents Offer Views For Kelda Management
                    By DON CASCIATO
                     Friday, December 28, 2001 - 10:52:03 AM MST

                    Amid tight security, about 150 people gathered in the Easton Public Library last Thursday and
                    51 of them gave their views on how the Kelda lands should be managed once the $90 million
                    deal is finalized.

                    A consensus never emerged, according to Weston First Selectman Woody Bliss, who was
                    the moderator of the meeting. However, it became clear when the meeting ended after about
                    two hours, that there were three distinct groups: equestrians, animal rights enthusiasts and
                    hunters.

                    "A draft version of a management plan has been prepared and it is pretty comprehensive,"
                    said Bliss, who also is co-chairman of the Coalition for the Permanent Protection of Kelda
                    Lands. "It sets the direction but not the specifics. The details will be worked out."

                    The battle for purchase of the land for conservation purchases began about two years ago.
                    Earlier this year, after some adjustments of financing methods because of the downturn in the
                    economy, the state approved $80 million toward the purchase, with The Nature Conservancy
                    to provide the other $10 million.

The purchase of the Bridgeport Hydraulic Co. land from its parent firm, Kelda Group, a British
water company, faces a closing deadline of March 31, 2002.

Most of the people were civil although the Friends of Animals and hunting groups have set out
there differences earlier.

A usually reliable source, who asked not to be identified, said that six policemen were present, including some who
were dressed in civilian clothes, in case tempers flared.

During the hearing, an appeal was made to have sufficient funding so that the Department of Environmental Protection
(DEP) could properly manage the 15,300 acres of pristine watershed property.

State Rep. Ken Bernhard (R-136), who earlier voiced concerns about the way the huge property will be managed, said
that despite the hearings in Easton and in Litchfield earlier last week, he still was worried about the contract.

"I'm concerned local communities don't have enough input and I am disappointed at the wholesale capitulation to the
hunting and trapping lobby," said Bernhard, who also is an experienced town attorney.

                    He believes too many months are devoted to hunting activities. "The schedule severely limits the non-hunter from
                    passive recreation," said Bernhard. "In my opinion such recreation is what the legislature had in mind when the
                    [Kelda] project was funded.

Bernhard explained that he missed the Easton meeting because he was in Hartford helping to put together a coalition
studying the level of hunting.

He pointed out that there is a bit of a funding nightmare, because money for hunting licenses "goes into the coffers of
the DEP" and becomes a factor in the decision-making for hunting schedules.

As now planned, there will be hunting from September to December. In addition, ducks can be shot in January and
turkeys are targets in May.

State Rep. John Stripp (R-135) and state Rep. Cathy Tymniak (R-133) were among those attending.

"Basically, I listened," said Tymniak. "It was very good to have public input. We need an adequate level of
management and we need safety and water management. I'm totally for conservation."

Stripp said that he didn't speak at the meeting but talked to Easton First Selectman William Kupinse after it ended.

Kupinse believes that the formation of a Conservation Lands Committee should include representation from the public
and local leaders where there is Kelda land, according to Stripp.

                    The Easton leader also wants the Conservation Lands Committee to hold its meetings in public and asked Stripp to
                    work toward that goal. The state representative, who represents Easton and Weston, said he would consider
                    legislation to reach the open meeting goal.

Stripp also said that he expected future hearings to be held as the Kelda lands management pact is worked out, but
Bliss said that he wasn't aware of any future hearings.

During the Easton meeting, it was learned the activities allowed in designated areas would include hiking,
cross-country skiing, fishing, hunting, camping and other uses the Conservation Lands Committee finds appropriate.

And, some people merely want a quiet place to commune with nature -- a place like Winslow Park for parts of
Western Connecticut.