The Charter Oak

Regarding the Charter Revision issue, it will be interesting to see who Bill Black decides to appoint. The last time we had a Charter Revision Commission (CRC) back in 2002 the First Selectman largely ignored the people put forth by the Republican Town Committee and instead stacked the committee with people of the First Selectman’s choosing as well as engaging the services of a consultant who spoon fed the committee members and aimed them in the direction that the First Selectman preferred. The result was a package that the First Selectman presented in a single “take it or leave it” vote, which the public rejected.

There also needs to be a budget for the CRC to pay for the consultant as well as for other expenses. This could cost between $20,000 and $30,000. If we are to see a CRC formed prior to the next budget season, then where will this money come from? It certainly is not included in this year’s budget. Will the BOS ask for a special appropriation?

1st Selectman Bill Black

If you serve in public office, what clues might you gather indicating that you may be doing a poor job? Suppose you fire someone without following proper protocol, and that person then sues the town, where you waste taxpayers dollars in a legal battle. Suppose you call in OSHA to get new carpeting for the town hall, bypassing the established Board of Finance to fund the expenditure. Suppose you lease an office for five years to move the probate court out of town hall, then subsequently work to move the probate court out of the town completely, leaving the taxpayers on the hook for the lease payments.

Suppose you’re in office during the most expensive town project ever undertaken, like a sewer, and appoint people to a managing board who don’t accurately represent the people their decisions affect. Suppose you never attend either of the two public hearings on that project’s regulations, where outraged residents express their substantial concerns. Suppose those residents become so upset that they mobilize and submit not one, but two petitions, to let their fellow residents weigh in on the issues. Suppose you then spend $15,541.00 of the taxpayers dollars on a directed legal opinion, to squash those petitions.

Suppose a disabled veteran is entitled to tax relief, and the people you serve are in support of that relief, but you prefer to distort the how the relief is applied so much so that you attract another lawsuit, costing taxpayers even more money.

Lastly, suppose that through all of this, you think now is the time to revise the town’s charter, as you have the power to populate a charter revision committee with whomever will bow to your wishes.

Those may all be clues that you’re not doing such a great job. One might think that such an official works for a town located solely in a taxpayer’s nightmare.

You can call it a nightmare, but we call it Marlborough. If you’ve had enough, come by on Halloween and sign the petition asking Bill Black to resign from office.

David Durel

Marlborough

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.

NOW THEREFORE, it is ordered that the defendant [(BOS of Marlborough CT)] be summoned to appear before the Superior Court for the Judicial District of Hartford at Hartford (95 Washington Street, Hartford, CT) on October 26, 2009 and there to show cause why a temporary injunction should not issue against it as prayed for in the foregoing complaint and application.
Dated 10/09/09 at Hartford, Connecticut.

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 ofa 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.

Oh, by the way, the next BOS meeting on the 20th has been canceled. From the town website.

CANCELED
Board of Selectmen
Town Hall
7:00pm

With elimination of the BOF the sole power to present budgets to the town would reside with the Board of Selectmen, a body of 3 people.

One has to wonder what other “improvements” to the Charter could be suggested?

Immediately volunteering to be on the committee were Pasquale Amodeo and David Durel. Bill Black immediately rejected Amodeo’s request, noting Pasquale was already on the Board of Finance and could not serve on two boards. No word if Selectman Black will accept Durel’s offer.

If you remember back to the last budget cycle, the BOS refused to make cuts and if the budget passed as submitted by the BOS, we would have had a tax increase of somewhere in the range of 10%. 10% tax increase in a recession.

That budget was defeated by the town. After that budget defeat the BOF went to work, without guidance from the BOS and crafted a budget that eventually passed.

The BOF during the last budget cycle was the only Board willing to do the hard work of crafting a budget that would pass.

With regards to the Hodge disabled veteran issue, the ordinance as crafted would deny Mrs Hodge the exemption if Mr Hodge passes first, and would allow the exemption to be reviewed on a yearly basis by the BOS.

Mr Hodge was wounded in Vietnam and recently was certified as 100% disabled by the Federal Government. Part of the benefit of Title 38 is the ability of the Town to exempt Mr Hodge from property taxes.

Speaking in support of Mr Hodge were several veterans and Rep Pamela Sawyer. Rep Sawyer stated that our veterans were not just Marlborough residents but belong to the state. She pledged her support to state reimbursement of loss tax revenues to the towns and cities under Title 38.

As it stands now the Board of Selectmen voted to have the town attorney draft an ordinance for town wide vote.

The issue of a veteran’s exemption from real estate taxes has been brought to the attention of Bill Black. This issue is getting a lot of “play” around town and it might be a good idea to get some feedback on the blog.

Essentially the issue is as follows: (i) Will Hodge (a long time Marlborough resident) was wounded in Viet Nam; (ii) he was honorably discharged and received several commendations, including the Purple Heart; (iii) recently the VA certified him as totally disabled and eligible for rights pursuant to a federal law called Title 38; (iv) in Connecticut, state law allows a town, acting through its legislative body, to exempt Title 38 recipients from real estate taxes; (v) the state reimburses the town for the incremental real estate taxes due after a revaluation; and (vi) the Title 38 recipient’s spouse “inherits” the tax exemption upon the death of the veteran.

Will’s spouse, Robin, asked Bill to consider the exemption issue several months ago. He and the Board of Selectmen tabled the issue and have not voted on the matter. Bill’s position is that the legislative body of the town is the Board of Selectmen. The Marlborough Town Charter seems to say that the legislative power of the town is vested in the townspeople acting as a body at a town meeting, i.e. the way the budget is passed. It’s frustrating to have a First Selectmen say that three people (i.e. the Board of Selectmen) get to act for the town and then have those 3 people not act – either lead, follow or get out of the way.

It should be clear to readers that the Board of Selectmen is the executive branch of government in this town. A simple civics lesson would remind Mr. Black that we have separate branches of government and that combining the executive branch with the legislative branch eliminates the system of checks and balances that our government is built upon. This logic alone should clear up any confusion over whether the Board of Selectmen is, in fact, this town’s legislative body.

Now let’s decide as a town whether Will is entitled to an exemption. Do we honor his service to our country….the very sacrifice that makes this discussion possible….or do we tell him life isn’t fair?