Judge Tells Marlborough BOS to NOT Take Action on Hodge Case
The hearing on the injunction to prevent the Marlborough Board of Selectmen from holding an ordinance on the Hodge issue has prevailed.
The BOS can hold the public hearing, but they can not bring an ordinance dealing with the issue till 12/01/09 at the earliest. (The Town Hearing is set for tomorrow night (10/27/09) at the school at 7pm.)
Till that time the Hodges or other interested parties can submit petitions for a town meeting to vote on the issue of William Hodge’s tax exemption.
If the petition is declared valid the town meeting will be held, a vote taken and the ordinance will be moot.
No word yet what the BOS spent on legal representation.
At issue from a previous post:
The Complaint:
…
21.To date, the BOS has not called a Town Meeting to act on the enactment of a veterans’ tax exemption allowed pursuant to CGS § 12-81(21)(C).
22.The BOS did not undertake any substantial discussion related to the enactment of a veterans’ property tax exemption until September 1,2009, at the prompting of Plaintiff’s counsel.
23.At the September 1,2009 BOS meeting, Black indicated to the public that the BOS is the legislative body of the Town, not the Town Meeting.
In a nutshell and in my interpretation, the issues in this complaint are:
1) The BOS has not addressed the Wilfred Hodge issue as proscribed by the Marlborough Town Charter.
2) The CT General Statue Title 38 law allows for the legislative body to enact the Tax Exemption.
Connecticut General Statute Provision related to Title 38
8. Connecticut General Statute § 12-8I(2I)(C) provides in relevant part as follows:
Municipal option to allow total exemption for residence with respect to which veteran has received assistance for special housing under Title 38 of United States Code. Subject to the approval of the legislative body of the municipality
3) By preparing to address the issue as an ordinance the BOS are in fact declaring themselves the Legislative Body of the town of Marlborough. With the attendant powers of making laws.
4) The Town Charter of Marlborough states the Town Meeting is the legislative body of the town and that the BOS has only those legislative powers described in SECT 3.3 – 3.6 and CHAPTER 4 of the charter.
“The legislative powers of the Town shall be vested in the Town Meeting and in the Board or [sic] Selectmen as specified in Section 3.3 through 3.6 and Chapter 4 of this Charter.”
What is at stake.
Whether or not the Board of Selectmen get to decide the tax exemption issue of the William Hodge case solely or if it goes to a Town Meeting for a town wide vote.
Whether or not the Board of Selectmen can enact through ordinances policies that have been traditionally considered the venue of Town Meetings, such as taxation and law making.
I am pleased to see that this matter will be brought to a Town Meeting (assuming the petition is submitted, which I am sure it will be) and that the public will have the opportunity to make the final decision.
I have expressed in the past my feelings that the exemption should have been granted. As others have stated, it is a “no brainer”. Why it took all this to bring it to a head is beyond me.
First off, let me repeatr what I said previously by saying that I am pleased to see that Mr. Hodge has gotten one step closer to getting his exemption. Having said that, I must admit that I am surprised by the outcome of the judge’s decision. I was skeptical that the court would go as far as to decide on the manner in which Marlborough would decide on such matters. This is much more than a “compromise”. The judge may have not gone all the way by saying that the “legislative body” is the public, but he essentially did that by rendering this decision.
What kind of ramifications will come from this are yet to be seen. This can be used as a precedence and we will have to wait and see what other issues people will bring forward through the petition process which previously would have been handled differently. Could we petition for a new ball field? How about adding sidewalks on someone’s street or installing street lighting in someone’s neighborhood? Makes you wonder where this will go.
Considering the people have believed that was the way it was always to be interested. And they have not been petitioning for sidewalks on PRIVATE property. And they have not been petitioning for purple sidewalks, and a pool house, and hot tub. I THINK OUR OWN COMMON SENSE AND INTELLIGENCE will prevail duhh ! Do you have any idea how hard it is to petition? I watched my neighbor walking on his NON SPARE time weekend after weekend. To fight an actual INJUSTICE, and incompetence burdening his and many other peoples homes. because the people that are “supposed” to be in charge of our best interests. Think we the people if given a power that SHOULD BE OURS, will abuse it going after sidewalks. Uh Ken, have you spoken out against our BOS using their power to build sidewalks, and trails in the middle of the woods?
Moving roads 30 feet after they were already moved just five or so years ago.
HOW CAN THE TOWNS PEOPLE MAKE YOU WONDER WHAT THEY WILL DO with that power? Doubt it could GET ANY MORE RIDICULOUS?
Well hopefully this judges decisions will allow us to put an end to crap like that generating a $10k annual property tax bill ! 25% of the average annual national income!
And Mr Hodge has not gotten one step closer to getting HIS exemption as it is not HIS YET. he is one step closer to getting AN exemption. But one step closer to being able to ACT out on HIS right to request for one, and be given an answer lawfully and accordingly as the legislative body decides and is DEFINED by the law not KING BILL! therein lies the problems !
oops interpreted not interested
[...] Hearing on Veteran Issue Tonight October 27, 2009 Leave a comment Go to comments As reported on Bob Clarke’s blog, the court in the Hodge case has temporarily barred the Board of Selectmen from creating an [...]
Jason said “Uh Ken, have you spoken out against our BOS using their power to…..moving roads 30 feet after they were already moved just five or so years ago?” Well I spoke out against moving Jones Hollow Road to North Main in the first place instead of routing it through the Marlborough Commons wheer it would have encouraged business growth.
Jason said, “Do you have any idea how hard it is to petition?” Well yes I do. I collected most of the 400 signatures to call for the last Charter Revision Commisison.
Jason said, “And they have not been petitioning for sidewalks on PRIVATE property.” Do you realize that the Town owns a good piece of our front lawns? Typically about 30 feet off the centerline of the road. That is why the sidewalks blew right through the parking lot of the building on South Main Street that houses Doug’s Barber Shop. Boy, those sidewalks really benefited that property owner!
Jason said, ” I THINK OUR OWN COMMON SENSE AND INTELLIGENCE will prevail duhh !”. Oh well, can’t argue with that. That statement speaks for itself.
This decision will set a precedent and it will be interesting to see who takes advantage of it. I have an idea. I assume you do as well.
That’s great news – looking forward to the day when Will Hodge receives his tax exemption. Here’s hoping the process goes smoothly and there are no further road blocks.
Ken, while you’re at it can you have your party remove the “imposter” Democrat BOF political signs? Think it’s bad form and unprofessional for the Republicans to coopt the Democrats political colors to get their message out. Think you can take the high road in this race?
Dear Reality:
Shawn Fisher’s flier in the RiverEast was a disgraceful piece of political fiction. Nasty and untruthful. Shawn Fisher opened the door, actually blew it off with a 100 pounds of TNT.
I think using the Democrats colors is whimsical, quite funny and makes a point. And I’m glad to see the Republicans for once giving it back at them rather than being the patsy and high-roaders they have in the past.
Cragg did vote 21 times to raise taxes and zero time to cut spending. The sign is true.
Dear Marl06447: what points aren’t accurate on the flier? Residents who attended the BOF meetings recall the cuts discussed. The truth can hurt …
Mingling political colors just causes confusion and makes it appear like you’re on the defensive. And I don’t recall the Republicans taking any more higher roads than the Dems over the years. There’s more than one sign …
Easier to ask what points of the Democrat flier are truthful, the list will be much smaller.
For instance, Denniss was an alternate who was not seated and Shea was not a member, so it makes it tough for them to “vote”. So the Democrat flier is untruthful.
And neither Amodeo and Leser voted to cut police, lifeguards or increased class sizes, simply not true. These items did come up for discussion, but they did not vote to cut any of them. So the Democrat flier is untruthful. Are we at the point where things can not be discussed?
Further discussion on class size: The BOF can’t tell the BOE what to spend money on. The BOF can’t tell the BOE to increase or decrease class size, so when the Democrat Flier says, “Supported increased class sizes and voted to cut funding for key programs,” it is frankly a lie.
Honestly, considering the special education students that moved up to RHAM and other costs that went away, the school suffered no cuts in funding. And honestly what has changed at the school since the budget passed? The doors are still open, class size is still the same and the number of teachers teaching classes is the same.
I did find one thing truthful, the ENTIRE BOF did vote to reduce hours at the town dump. And it is open one less day a week. I can only visit the dump, Tuesday or Saturday.
I’ll repeat myself, Shawn Fisher’s flier is a disgrace.
Oh,ONE thing that did change, all the teachers got 4% raises and will get another 4% raise next year and 4% next year and 4% next year.
Oh, but that WAS not in the Democrat Flier.
Didn’t see it on the Republican signs either. BOF members don’t have a vote or say on that contract …
Jason said, “Do you have any idea how hard it is to petition?”
Ken said ,
“Well yes I do. I collected most of the 400 signatures to call for the last Charter Revision Commisison.”
Jason asks,
So then in the past you felt you had the right to petition based on our already established rules. You then went on to say it makes you wonder now that a judge in Hartford is essentialy saying we have that right? And then you gave some examples of people petitioning for sidewalks etc.
Why would you wonder how it would be utilized now, if in the past you actualy utilized and exercised that right we all have always had the right to exercise?
It should be no different for you to wonder now that the judge essentialy said so?
Jason said, ” I THINK OUR OWN COMMON SENSE AND INTELLIGENCE will prevail duhh !”.
Ken said, ” Oh well, can’t argue with that. That statement speaks for itself.”
Jason says, if it speaks for itself then why did you say something else?
My point is this I don’t think we will be getting petiitions signed for projects like a business park with no businesses on it, to move roads, and then 5 years after move them again, or to gain funding for projects like cuttng down trees, digging up a town green and removing stone walls to replace them with stone walls, trees, a replanted town green, and to tear up a road to replace it with a road.
i don’t think we will petition to hire an lawyer to fight a dissabled vetrans right to gain tax exempt status. When we could have just handed him the money the lawyer would have cost ! As gratitude for serving US, and being wounded in the process !
Do you wonder what will happen in a good way, or do you wonder if people will petition for non sense stuff? perhaps I missunderstoof you.
But I think our town hall is full of enough nonsense worth petitioning!
And I doubt the people will gather petitions let alone THE VOTES for every special interest category.
I initiated a petition (to form a Charter Commisison) that was solidly founded and was not contested. Most of the petitions to date have been questionable in regards to their validity. What I am saying is that this court decision, assuming it is as we have been told and that it is not appealed by the BOS, opens up a new area, which may lead to new types of petitions being considered valid.
I am not saying it is good or bad, only speculating on what might come out of it.
Oh, by the way, the Marlborough Board of Education was under Democratic leadership when the teacher contract was signed. Same goes for the Town employees.
I don’t just jump on a bandwagon of things said like, becuase it was a democratic party in charge and not republican.
I think it was voted in becuase of the mindset within the democratic party at that time, one that is also capable of existing in a republican party and vise versa.
Thanks for the clarification sort of. I do not understand the differences between your petition and the one they chose to invalidate. (probably why i am not in politics) you don;t have to go on explaining.
i don’t know maybe I will vote for you.
I would say it seems you seem set on opposing Black (which may be a good thing in general) but you have to work WITH the other party also if you get in?
The crappy thing is if our economy worsens the money funding our government and our childrens education etc will be less, and eventualy cuts not wanted WILL have to be made. Not becuase of what party we have in charge, but many other extenuating circumstances.
@ Ken – there have been petitions on important issues and projects submitted by residents within the past few years. Which petitions are you saying are quetionable as to their validity? The ones you didn’t submit?
Are you saying that No Republicans voted for the BOE or Town raises?
You’re staying uncharacteristically silent on the imposter Dem signs – what’s your stance at RTC chair? There’s been some unsportsmanlike play going on …we expect more in our town.
Is this the pot calling the kettle Black? I do not see them as “Imposter Signs”. These signs carry a valid message that is based on documented votes by Lauren Cragg and statements made by Russ West that he would not have a problem paying more, which implies that he would not see a problem with every taxpayer paying more. You take this statement plus Lauren’s voting record and what do you get….Higher Taxes! It’s simple math.
By comparison, the DTC had no problem with their mischaracterization of the Republican candidates in last week’s insert in the Rivereast. I can’t wait to see what shows up in this week’s paper!
In addition, there has been extensive vandalism of Republican signs in the last couple of weeks and I have reports that someone was observed damaging signs at the North Main Street/Park Road interstection including a sign that was thrown into the brook. Other signs on North Main Street were run over by a car and others were taken from Jones Hollow Road. I would prefer not to report this to the State Police, so perhaps the DTC could reign in their supporters before they get in trouble.
Reality: Don’t confuse Ken with me.
I brought up the multi-year 4% raises in this comment thread. The BOE and BOS are Democrat control boards. I’d have to check the town website to see who voted for what on an individual basis.
But the BOS is not up for election this year, and the 4 BOE candidates have no contested elections, all the BOE candidates are guaranteed to win!
The BOF is the race to watch. And there are some clear choices, those on the record with no problem with higher taxes. And those who have worked to keep tax increases down.
As far as “unsportsmanlike” play going on, I agree. The Democrat flier was shameful, but expected based on their past history.
I provided an analysis of the Democrat flier, perhaps you could provide a similar analysis on Republican claims?
The DTC insert in the Rivereast accused Republicans of supporting cuts to a long list of Town services and education.
Let’s set the record straight!
On June 3rd Marlborough’s Democrat First Selectman Bill Black made a presentation to the Board of Finance in which he said that “he feels that we need to control taxes and reduce both the school and the operations budgets so people can still afford to live in town”.
See BOF meeting minutes: http://www.marlboroughct.net/content/Minutes/2009/BOF060309.pdf.
In Mr. Black’s presentation he listed all of the items that the Democrats attribute to the Republican members of the Board of Finance.
First Selectman Black’s suggestions included:
• Having NO lifeguards during the weekdays.
• A 15% to 25% reduction in library hours.
• Not replacing the retiring State Trooper.
• Close the Transfer Station except for Saturday.
• Reduce the Board of Education budget by up to $450,000!
• Slash AHM from the school’s budget.
• Cut the $1,000 grant to Fife and Drum.
Yes, these were all First Selectman Black’s suggestions!
Also keep in mind that at any given Board of Finance meeting there are only three voting Republicans out of six voting members. That means in order to pass any motion, there needs to be a 4-2 majority, which would have needed bipartisan support. Yes folks, that means that at least one Democrat would need to vote in support for any cut in order to pass a motion.
The DTC leadership likes to twist the facts in order to frighten the voters and to deflect blame away from their own First Selectman and their own Party. It is time for the taxpayers to realize who is out there looking out for their interests, and it is NOT First Selectman Bill Black nor is it Lauren Cragg.