Dear Fairfielders,

I am sending out an interim update to clarify some misconceptions about the future of Penfield Pavilion, which I know was all over social media the last few days.

This week, I met with my administration and our relevant department heads to determine a timeline for when we should stop taking reservations for events at Penfield Pavilion. This is due to the ongoing environmental testing and remediation required by law, and knowing that we will have to do something with the building since it was constructed in 2017 in violation of the regulations of the National Flood Insurance Program (NFIP), under FEMA. In simple terms, the placement of the horizontal grade beams in the foundation of the building are against FEMA regulations and will have to be addressed. 

My administration has been in discussions with FEMA since they notified us in late June, to determine which engineering solutions would be in compliance. Once we have an idea of what FEMA will allow, I will present several options to our community during public hearings to get resident's input regarding the best path forward. Penfield Pavilion has been rebuilt twice and frankly, I want this to be the last time we have to do anything to this building for a very long time. 

I join our residents in their frustration that this was allowed to happen under the previous administration. The time and resources diverted for this entire remediation mess is a disservice to our community. The Town Attorney has been looking into what legal recourse we may pursue regarding the pavilion.

Unfortunately, I had to come up with a timeline, based on the information we have been receiving from our Licensed Environmental Professionals (LEPs) and FEMA, on when action plans may be signed off on and when we can begin remediation and construction. We therefore have decided to stop taking reservations at Penfield Pavilion after October 31, 2022. I do want you to know that Jacky Durrell will not be affected and can still accept reservations for events. 

As I shared in last week's newsletter, the Board of Finance (BOF) met to discuss the Town's $9.3 million surplus, which was largely created from the Town budgeting for a lower tax collection rate than was actually collected. The Town also achieved savings on the expense side, mostly due to lower personnel costs. The BOF voted to transfer $1.3 million of the expense surplus to contractual commitments for the retired Town employee healthcare fund. This left approximately $1.7 million of the $3 million expense surplus that they voted to transfer to the Town's Fund Balance.
 
During the meeting, I provided the Board of Finance with an update on the ongoing expected costs related to the fill pile contamination and public corruption that occurred under the former administration. You can watch that portion of the meeting here. While it would have been my preference for the Town to use the remaining approximately $6 million in revenue surplus to reduce the tax burden on our residents, I felt it was important to recommend the remaining surplus be set aside into the Town's fill pile fund, towards the mounting costs for remediation.

I realize some elected officials may be concerned we don't have definitive financials on these items yet. The projected contamination costs I presented are estimates based on preliminary evaluations by environmental consultants. Even at the low end of the range of costs, the numbers are high and will far exceed the $6 million in surplus that I am proposing we set aside in the fill pile fund. I feel it would be irresponsible not to recommend that these funds be set aside for this purpose.

My goal is to be proactive as we know these bills will be coming due. We did put $1 million aside from ARPA funds towards the fill pile remediation and we are awaiting another $1 million in state bonding. To date, the Town has spent $2.9 million in testing, remediation and legal fees. 

The Board of Selectmen will have a voting item on the agenda for Monday,  October 18 to set aside the $6 million in surplus to the fill pile fund, and I will ask the BOF and RTM to do the same.