As GOOD Morning Wilton reported in another story today, during Tuesday evening’s (May 20) meeting, Wilton’s Board of Selectmen (BOS) decided to schedule an executive session to continue a discussion they started regarding the proposed Ambler Farm lease.
The closed-door discussion would address 17 controversial points in the proposed lease which were raised in a unanimous opinion issued by the Board of Finance. The BOF opinion also sparked an exchange of pointed emails between Board of Finance Chair Matt Raimondi and FOAF’s attorney Doug Bayer prior to the BOS’ latest meeting.
First Selectman Toni Boucher was insistent that the selectmen should continue the discussion in executive session, despite the trepidation of Selectpersons Josh Cole, Kim Healy and Bas Nabulsi.
At the conclusion of Tuesday night’s BOS meeting, GOOD Morning Wilton Editor Heather Borden Herve emailed Wilton officials about the decision to hold additional discussion about the proposed Ambler Farm lease in executive session, and away from the public.
The topic has received a good deal of public attention and town officials have been working on a formal agreement for years.
- A proposed lease — that had been negotiated by attorneys, Ambler Farm representatives and Boucher, and had initially been approved by the Board of Selectmen — was revealed to the public
- Board of Finance objections had been discussed, formally presented and outlined (with problems and solutions in a 17-point memo)
- Board of Selectmen discussion on the items has happened in open meeting, including commentary by the Town Counsel Doug LoMonte already begun in public
- Significant public comment has been given
We are sharing the exchange between GMW and town officials so that this part of the process gets more sunlight. We want the Wilton residents to know that we are working hard to make sure you are as informed as possible and that there is transparency in your municipal government.
We hope First Selectman Boucher will correct course and discuss this in open meeting, as it should be done per the Freedom of Information Act.
Email to Board of Selectmen from GMW, Tuesday evening, May 20
From: Heather Good Morning Wilton
Date: Tuesday, May 20, 2025 at 10:57 PM
To: Toni Boucher, Bas Nabulsi, Ross Tartell, Kim Healy, Josh Cole
Cc: Matt Raimondi, GMW Reporter Jarret Liotta, GMW Reporter Kathy Bonnist
Subject: Questioning Reasons for Executive Session on Ambler Farm Lease
Hello all,
I’m writing regarding the decision to move the lease discussion to executive session.
According to the “Guide to Serving on a Town Board/Commission” prepared by [Town Counsel] Ira Bloom, there are five specific reasons (see below) that allow a board to go into executive session. I do not believe the reason cited qualifies for any of those reasons as listed in the Guide. While the First Selectman has specified “contract negotiation” as the reason for the executive session, the Town’s Guide does not include that as one of the reasons to call an executive session.
While reason number 4 states that executive sessions are allowed for “discussion of the selection of a site or the lease, sale or purchase of real estate when public discussion would cause a likelihood of an increased price…” this does not qualify. While this is a discussion about a lease, there is not a matter of “increased price” or risk of additional cost to the town from public discussion. There is no proprietary information that if discussed in public would cause the town to be at risk for additional cost in this case. Further, the 17 points that are being discussed are already published and public, and details of the lease have been discussed multiple times in open session. In fact, Atty Doug Lomonte already began sharing his response to the Bd. of Finance’s 17 points in the public portion of the meeting. The discussion has already started in open session, so it should continue to be public.
As the First Selectman said, the members of the Board of Selectmen empower the First Selectman to negotiate contracts on their behalf, and as she is the only BOS member conducting town business, those discussions don’t qualify as open meetings. But with all members of the BOS participating, and the fact that this meeting in question does not qualify as an executive session, it should be conducted in open session with the public able to witness the discussion, or risk violation of the FOIA Act.
I look forward to hearing about the meeting being open so that the public can remain informed.
Regards,
Heather Borden Herve
GOOD Morning Wilton Editor
Email from First Selectman Toni Boucher to GMW, Wednesday, May 21
From: Toni Boucher
Date: Wednesday, May 21, 2025 at 12:49 PM
To: Heather Good Morning Wilton
Cc: Bas Nabulsi, Ross Tartell, Joshua Cole, Kim Healy, Matt Raimondi, Jarret Liotta Kathy Bonnist
Subject: Re: Questioning Reasons for Executive Session on Ambler Farm Lease
BOS can properly meet in executive session next week for two reasons: 1) Conn. Gen. Stat. Section 1-200(6)(B) allows the BOS to go into executive session to discuss the newly filed litigation (Powers v. Wilton) pending in Superior Court. 2) Conn. Gen. Stat. Section 1-200(6)(D) allows for an executive session to discuss a lease of town property where publicity regarding the lease would adversely impact the price of the lease. Since questions regarding the finances of the proposed Ambler Farms lease have been raised, this statutory section is applicable.
Very best regards,
Toni Boucher
First Selectman
Town of Wilton
Email to First Selectman from GMW, Wednesday, May 21
From: Heather Good Morning Wilton <heather@goodmorningwilton.com>
Date: Wednesday, May 21, 2025 at 1:05 PM
To: Toni Boucher, Doug LoMonte
Cc: Bas Nabulsi, Ross Tartell, Josh Cole, Kim Healy, Matt Raimondi, Jarret Liotta, Kathy Bonnist
Subject: Re: Questioning Reasons for Executive Session on Ambler Farm Lease
Thank you for the response. To your points:
- Executive session for litigation is only permitted to discuss litigation strategy, not general lease terms.
- The central terms of the lease are already fixed, and the BOF comments only serve to reduce the costs to the town, not increase them. In addition, the terms have been made public, and Atty. LoMonte was prepared to discuss them publicly. He began doing so openly, and thus the remainder of the conversation should happen in public. The discussion was moved in part to have a dedicated session to discuss the lease only, and given that the conversation was planned for open session, any dedicated meeting to discuss the lease should continue in open session.
GMW continues to hold that the reasons you’ve stated do not meet the requirements for executive session under the FOI Act. Again, we’d like to request the meeting be scheduled as an open meeting, and I hope that other members of the BOS agree as well.
Thank you,
Heather Borden Herve
GOOD Morning Wilton Editor