City costs rise for developer's driveway

BRIDGEPORT -- Make that a $500,000 driveway the city has built for millionaire developer Manuel "Manny" Moutinho by Sikorsky Memorial Airport.

A legal settlement to end one of the more bizarre events in Bridgeport history nearly fell apart Thursday. A judge refused to sign it after learning the city will pay $30,000 to Moutinho's lawyers and an as yet undisclosed amount to map out where the driveway -- that the city last year paid Moutinho $400,000 to build -- actually is.

"You mean to tell me the city is subsidizing Mr. Moutinho's legal bills after he has already gotten everything he has asked for?" Superior Court Judge Dale Radcliffe asked the lawyers for the city and Moutinho. "I take it this was not submitted to the city council for approval."

"That is correct," responded Assistant City Attorney Edmund Schmidt.

Radcliffe continued the hearing to May 1 when, in an unusual move, he will allow members of the public to speak.

The city had already agreed to pay $65,000 to Breakwater Key, a condo complex that sued to block the driveway's construction through neighboring wetlands and another $9,000 to a lawyer who recently died after trying to stop the settlement.

"This whole matter is very troubling," said City Councilman Rick Torres, R-130, who sat in on Wednesday's hearing. Torres -- a freshman councilman who campaigned last year on bringing more transparency to government following the driveway controversy -- said the council, which approved the settlement in February, was not told of the additional $30,000 legal bill.

"He (Moutinho) is one of the wealthiest people in this community. I didn't think we should be paying for his driveway and I don't think we should be paying his legal bills," Torres said.

Still, Torres voted for the settlement in February.

Schmidt said Moutinho's lawyers were arguing on behalf of the city during the appeals process.

But Radcliffe wasn't buying it.

Moutinho, who owns MTM Builders, built an ornate mansion with a large swimming pool on a piece of waterside property across from Short Beach in Stratford. Until the summer of 2012, the only access way to the property and two neighbors was an old dirt driveway from Stratford's Main Street, over city-owned Sikorsky Airport property.

In July 2012 the Stratford Zoning Board of Appeals granted Moutinho's application to build a new, gravel driveway through a different section of airport property to Stratford's Sniffens Lane.

Moutinho had already secured permission from Bridgeport around 2010.

At the time Moutinho said he was going to pay for the construction and the maintenance himself.

Breakwater Key sued to block the driveway and, last July, won. Judge Radcliffe ruled that Moutinho's claim that he needed a new driveway wasn't supported by the evidence and, in fact, he could have repaired the dirt one.

But by that time, the driveway had been completed -- on Bridgeport's dime.

Between late 2012 and early 2013 Bridgeport Mayor Bill Finch's administration quietly decided to take over the project as part of a $40 million runway safety upgrade the federal government, which is footing most of the bill, wants completed by 2016.

The old dirt driveway was in the way of the project and, since Moutinho had not moved forward, Bridgeport felt the need to get it done in order to keep the federal investment and Sikorsky.

The city assumed Moutinho's permits and, despite Breakwater's then-pending zoning appeal, hired the controversial developer to install the driveway for $400,000. The work was completed by early June and first revealed by Hearst Connecticut Media.

The already politically embarrassing storyline grew even moreso when the City Council claimed it was never briefed on the project. And then Finch fired longtime Airport Manager John Ricci, who helped negotiate the deal with Moutinho, after Hearst revealed the two friends had real estate dealings that posed a conflict-of-interest.

Schmidt -- who was not involved in building the driveway -- told the judge during Thursday's hearing that he didn't necessarily agree with the city's decision to build the driveway while the Breakwater appeal was pending, but was prepared to defend it.

"It's not that anybody was wrong. Private individuals think like private individuals and municipalities ..." he began before being cut off by the judge.

"Didn't do anything wrong? We would not be here today if the city of Bridgeport had not decided to do with taxpayer money what MTM was going to do with its own money while the appeal was pending," the judge retorted. And he pointed out that according to the land records it is Moutinho not the city who is required to maintain the access way to Moutinho's property.

Still, Radcliffe was preparing to sign off on the settlement. Besides the Bridgeport City Council, the deal was endorsed by Breakwater Key's lawyer, Richard Saxl. And the Stratford Zoning Board of Appeals had approved the driveway based on the city's new claim it was part of the airport safety plan.

But then the judge asked Moutinho's lawyer, Danielle Bercury, if there was anything else that needed to be done.

"The city of Bridgeport has agreed to do certain things," she began. This included paying for a survey to determine where exactly the new driveway is located and to pay her legal fees, at a discounted rate.

"And how much is that," the judge inquired. "The taxpayers of the city of Bridgeport are not a bottomless pit."

Bercury told the judge they wanted $10,000. But after a recess in which she huddled with Schmidt on a hallway bench, Schmidt told the judge the total was $30,000.

Schmidt noted the expense does not require City Council approval because it is coming out of an account the Bridgeport City Attorney's Office uses to hire outside counsel.

"It's been a long journey, but I'm very proud of the results," Schmidt said. "The relocated driveway will serve the people who will use it well."

Staff Writer Brian Lockhart contributed to this report.

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