Date: Fri 22-Nov-1996

Publication: Bee

Author: STEVEB

Quick Words:

selectmen-non-binding-vote

Full Text:

Selectmen Go Along With Plan For Non-Binding Vote On Land Purchases

B Y S TEVE B IGHAM

Taxpayers will be asked to go to the polls Tuesday, December 10 to indicate

whether or not the town should create a $1.5 million fund for the purpose of

buying land to control growth.

The Board of Selectmen reluctantly voted in favor of holding the town's first

ever non-binding vote Monday night. According to First Selectman Bob Cascella,

the vote will simply be an opinion poll to determine how residents feel about

the idea of spending the equivalent of one mill of tax revenues for this

purpose. The town would not be bound by the results.

Legislative Council member Jack Rosenthal proposed the plan October 18, saying

something must be done to preserve the quality of life for the future of

Newtown. The council voted, 8-4, in favor of conducting the non-binding vote.

The rapid growth of Newtown has been raised repeatedly as an important local

issue by residents who are concerned by the dozens of residential subdivisions

proposals submitted to the Planning and Zoning Commission in recent months.

Builders, taking advantage of favorable mortgage rates and fearing possible

changes in Planning & Zoning regulations, have inundated the P&Z Commission

with development applications.

"Let's find out if the people really want to control growth in Newtown," Mr

Rosenthal said October 18.

In setting the date, the Board of Selectmen was careful not to call the event

a referendum, fearing it could leave its members vulnerable to a lawsuit.

"We could be leaving ourselves wide open," selectman Gary Fetzer noted.

According to Town Attorney David Grogins, there is nothing in the town charter

that says the town can hold a non-binding referendum, but there is also

nothing in the state statutes that says it can't.

"I don't know if this kind of referendum is permitted or prohibited," he said

recently. "I'm not sure if there is any authority given to poll the public."

Mr Grogins said the issue lies in one of those areas in municipal law where

there are no answers.

Mr Cascella said the biggest risk the Board of Selectmen would take in holding

this unprecedented vote was that it would be subjected to criticism.

"We're subjected to criticism all the time," he said.

According to the town charter, "any officer or member of a town department

who, without authority from this Charter or the General Statutes, expends or

causes to be expended any money of the town, shall be liable in a civil action

in the name of the town, as provided in the General Statutes."

The selectmen opted to call the event a townwide vote rather than a referendum

because several steps must be taken to call a referendum, including the

acquisition of a requisite number of signatures.

Selectman Jim Mooney voted in favor of holding the vote, but admitted he

wasn't crazy about the idea.

"This is not the way to run the town," he said. "We can't go ask the public

for its opinion every time there's a controversial issue. We were elected to

run the town."

In short, Mr Mooney said, the town will be asked to put its money where its

mouth is. The budget is guaranteed to go up one mill next year if the town

goes forth with the plan.

Mr Rosenthal agreed with the selectmen, saying this was not the way to run

government. However, he believes this was a case where it was important to go

to the people.

"I don't believe in government by referendum, but on this one, with no

experience of putting money aside for controlling growth, there needs to be an

exception," he said.

Mr Fetzer suggested hiring a polling company to do the work, but Mr Mooney

figured people would feel they had more of a say if they were able to vote at

the polls.

As Mr Rosenthal points out, several area towns, including New Milford,

Redding, Easton and Ridgefield, have managed to control growth by purchasing

open space.

He said $1.5 million would buy about 75-80 acres, so with the average home in

Newtown having 1.6 children, according to Tax Assessor Mark DeVestern, and the

annual net cost to educate each student at about $6,000, Mr Rosenthal

estimated a $700,000 annual savings to the town.