Politics & Government

CTA Petition "Not In Proper Form" Says Town Attorney

Line by line, Attorney John Bennet says petition questions are "defective" and "inappropriate."

 

Several days after voters approved funds for a new high school at an April 11 referendum vote, the Clinton Taxpayers Association (CTA) said they would file a petition "to overturn the referendum that passed for a new Morgan High School" and they did.

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In April, voters approved a new $64.75 million Morgan School by a vote of 2,058 to 2,018. 

After receipt of the petition by the town clerk's office, town attorney John Bennet of Gould, Larson, Bennet, Wells & McDonnell, P.C. of Essex, stated in a May 14 letter that the petition "is not in proper form as to each portion...and cannot be properly put before the town meeting by the Selectmen."

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Here's what the petition says:

We the undersigned voters of the town of Clinton, petition for a special town meeting, for consideration and enactment of the following resolution: Shall the Town of Clinton reduce its appropriation of $64,750,000 for The New Morgan School, approved by referendum on April 11, 2012, for the cost of (a) the planning, design and construction of a new high school in the Town approximately 135,000 square feet in size, including, but not limited to, building construction, site development, paving, purchasing and installation of certain furnishings and equipment, the creation of athletic fields, installation of information technology and all alterations, repairs, and improvements in connection therewith; (b) the purchase and acquisition of real property, currently the site of Clinton Nurseries and certain adjacent properties, consisting of 36.6 acres, more or less, located at 71 Killingworth Turnpike, and being more particularly described on the Clinton Assessor Map as ID41/45/81, including all surveys, alterations, repairs, and improvements in connection therewith, and (c) any engineering, surveys, studies, architectural testing and other fees and temporary and permanent financing costs related thereto (the "Project") and; limit any bonds or notes of the Town to be issued pursuant to Chapter 109 of the Connecticut General Statutes, as amended, the Town Charter (the "Charter") or any other provision of law thereto enabling to meet said appropriation and in lieu of a tax therefore, to an amount so authorized herein; and, obtain a qualified legal opinion of an attorney other than present town counsel or bond counsel as to whether the referendum of April 11, 2012 unlawfully delegated to the First Selectman (as opposed to Special Town Meeting, pursuant to Section 4-5 of the Clinton Charter) authority to acquire certain undesignated "adjacent" properties; and, to prohibit the Town or any officer, official or representative on its behalf to enter into any contract in furtherance of the April 11, 2012 referendum until this resolution shall be approved or disapproved at Special Town Meeting; and, to cancel all contracts entered into in furtherance of the April 11, 2012 referendum and to compromise and pay all obligations legally found due as a result of cancellation.

The CTA petition was prepared by CTA attorney David Denvir.

Here is a summary of attorney John Bennet's comments as part of his May 14 letter addressing the validity of the CTA's petition:

In the first line, the question asks whether the Town shall "reduce its appropriation" for the new Morgan School...however, no where does it say by how much the appropriation should be reduced. Farther down it says "to an amount so authorized herein..." but no amount is included.

Therefore, the question is defective...said Bennet.

He goes on the say that "no provision of the Charter has been abrogated. In fact, the Charter has been honored exactly by virtue of this referendum (the referendum being an adjourned town meeting) to approve the acquisition of the real estate."

In conclusion, Bennet writes, "In my opinion as town counsel, the referendum question is not in proper form as to each portion noted above and cannot be properly put before the town meeting by the Selectmen."

As a side note, the town of Clinton purchased the Richard's property on Route 81 from the Richards Farms Limited Partnership for $2,000,000 on April 27, 2012. This information was obtained from the Quit Claim Deed dated April 27, 2012 on file at the Clinton Town Clerk's office.


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