Fairfield Selectpersons Approve $10.5M To Save Penfield Pavilion

FAIRFIELD, CT — The Board of Selectpersons Monday passed a resolution to spend $10.5 million to save Fairfield's Penfield Beach Pavilion, though the true cost of required repairs and the remediation of contaminated soil is not yet known.

The pavilion, which is used for events and leisure activities, is not in compliance with certain federal and state regulations, due to erroneous decisions by past officials to build it too high, and to illegally pile toxic fill underneath it.

Monday's resolution was passed 2-1, with First Selectwoman Brenda Kupchick and Selectman Tom Flynn, both Republicans, voting in favor, and Democratic Selectwoman Nancy Lefkowitz opposing it.

Both the Board of Finance and the Representative Town Meeting also must approve the resolution this month.

"The choice before us is a lose-lose," Lefkowitz said, unsuccessfully urging the board to slow down and review more options instead of deciding whether to fix the pavilion or tear it down.

Fairfield is in a time crunch as it pertains to the pavilion, because the Federal Emergency Management Agency is poised to, in essence, penalize the town for lack of movement on a resolution about bringing the pavilion into compliance.

That penalty would involve nearly 1,800 households that are part of the National Flood Insurance Program to lose a 10 percent discount on their flood insurance policies, if the town does not show some sort of movement by the end of the month toward bringing the pavilion into compliance.

Kupchick said that in recent years, the town has set aside $15 million to help deal with the pavilion situation and the overall fill pile debacle, in which toxic fill was illegally dumped at sites throughout Fairfield.

Seven people, some of whom are former town officials, have been arrested in connection with the fill pile scandal, which was years in the making and will cost the town millions of dollars to remediate.

"I have heard from a lot of residents who like the pavilion and want to see it repaired," Kupchick said, adding that she has received 56 letters in support of repairing the pavilion, 23 letters to tear it down, and 32 letters that were neutral.

Of the dozen or so speakers at Monday's selectpersons meeting, most were in favor of keeping the pavilion, though some questioned why the town was being rushed into deciding.

"This is either a manufactured crisis, or a crisis of incompetence," said RTM member Liz Zezima about the compressed deadline. "I don’t know which one."

The approved resolution reads as follows:

A RESOLUTION APPROPRIATING $10,500,000 FOR COSTS RELATED TO CONSTRUCTION, REMEDIATION, AND ADDRESSING THE NOTICE OF VIOLATION AT PENFIELD PAVILION

WHEREAS, contaminated fill from the (Julian) fill pile was illegally deposited beneath Penfield Pavilion during construction;

WHEREAS, by state and federal law, the Town of Fairfield, Connecticut (the “Town”) is required to remove the fill in accordance with DEEP & EPA standards under a Consent Order;

WHEREAS, FEMA has determined the Town installed horizontal grade beams at a height that is in violation of federal floodplain management regulations;

WHEREAS, under federal law, the Town is required to bring Penfield Pavilion into compliance with FEMA regulations;

WHEREAS, the Town has received Notices of Violation from federal and state agencies that must be addressed.

WHEREAS, if the Town does not take corrective action by the end of March regarding the Notice of Violation, the Town faces a myriad of negative consequences that will impact residents and the Town;

WHEREAS, Penfield Pavilion is an asset to the community enjoyed by residents year round and cleaning the contaminated fill and lowering the grade beams is necessary to comply with all state and federal laws;

WHEREAS, the total costs for the remediation and construction at Penfield Pavilion, as well as, the cost to address the Notices of Violation is $11,500,000 (the “Total Costs”); and

WHEREAS, the Town previously allocated and approved $1,000,000 in American Rescue Plan Act funding to be applied towards the Total Costs; and

WHEREAS, the Town is holding funds (the “Funds”) in its Capital Non-Recurring Fill Pile Remediation Account (the “Account”) and desires to appropriate $10,500,000 of the Funds to finance the balance of the Total Costs; and

NOW, THEREFORE, BE IT RESOLVED:
As recommended by the Board of Finance and the Board of Selectmen, the Town hereby appropriates the following sums from the Capital Non-Recurring Fill Pile Remediation Account for the following purposes:

$4,000,000 related to remediation at Penfield Pavilion
$3,500,000 related to construction at Penfield Pavilion
$3,000,000 related to work to address the Notices of Violation

The Board of Finance is scheduled to discuss the resolution on March 13, followed by the RTM on March 20.