www.WashingtonCT.org The Town of Washington, Connecticut Special Town Meeting

WARNING
TOWN OF WASHINGTON
TOWN MEETING

The voters and electors of the Town of Washington are hereby warned that a Town Meeting will be held on Thursday, August 25, 2005 at 5:00p.m. (immediately following the regularly scheduled Board of Selectmen's meeting) at Bryan Memorial Town Hall, Washington, Connecticut, to consider and act upon the following agenda:

1. To consider and act upon a proposed Ordinance Regarding the Taking of Private Property by Eminent Domain.

2. To consider and act upon a proposed Amendment to the Ordinance to Establish an Open Space and Land Acquisition Fund .

A copy of the proposed Ordinance and Amendment is available in the Office of the Town Clerk.

Dated at Washington, Connecticut this 1st day of August 2005.

Richard C. Sears
Nicholas N. Solley
Harry H. Wyant
Board of Selectmen

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1. Amendment to "Open Space Land Acquistion Fund" Ordinance

The Board of Selectmen, in conversations with Conservation Commission, Planning Commission, Open Space Committee and Steep Rock Association, propose that a new section 5 be added to the current Ordinance.

Section 5:

That upon recommendation of the Chair of the Conservation Commission, the Board of Selectmen shall have authority to spend up to $6,000.00 for expenses incurred in investigation as to the suitability of land for acquisition by the Town of Washington. Such expenses shall include payment for the services of real estate appraisers, soil scientists, environmental planners and the like.

The new Section 5 empowers the Board of Selectmen to spend a very limited amount of money to investigate possible acquisition of open space land. As potential parcels become available, studies conducted by professionals may be needed to determine suitability for purchase. The Ordinance as constructed is a lengthy, legal process designed for the purchase of land by the Town that that has built in checks and balances to protect the public. Conversations with prospective sellers require confidentiality. Those negotiating for the Town need to be able to expediently determine the feasibility of a potential purchase. The full process for Land Acquisition would be followed if suitability for purchase is determined.

Here is the entire ordinance with the new section in italics:

TOWN OF WASHINGTON

ORDINANCE TO ESTABLISH
AN OPEN SPACE and LAND ACQUISITION FUND

Section I: Purpose

Pursuant to the provisions of CGS 7-148(c)(2)(K), the Town of Washington does hereby create a special fund for the protection and preservation of Washington's natural resources and rural character. The fund shall be known as the Open Space and Land Acquisition Fund. Such fund shall not lapse at the end of the municipal fiscal year.

Section II: Sources of Funding, Investments, and Limitations on Use of Fund

A. In addition to such sums as may be appropriated by the Town for deposit into said Open Space and Land Acquisition Fund, The Town is authorized to and shall deposit all monies received by it, from whatever source, as monetary gifts for the acquisition and preservation of open space, including fees, monetary gifts, grants and loans, unless otherwise restricted, into said Open Space and Land Acquisition Fund.

B. In addition, fees to the Town collected in lieu of any requirement to provide Open Space pursuant to CGS 8-25 and 8-25b and as authorized by the Washington Planning Commission pursuant to the Washington Subdivision Regulations, shall also be deposited into said Open Space and Land Acquisition Fund.

C. Said Fund shall be in the custody of the Town Treasurer. All or any part of the monies in said Fund may be invested in any securities in which public funds may be lawfully invested. All income derived from such investment shall be placed into the Fund and become a part thereof. The monies so invested shall at all times be subject to withdrawal for use as hereinafter set forth.

D. No sums contained in said Open Space and Land Acquisition Fund, including interest and dividends earned, shall be transferred to any other account within the Town budget. No expenditures shall be made from said account except in accordance with the provisions of this Ordinance.

Section III: Expenditures from Fund

A. The continuation of the Open Space and Land Acquisition Fund shall be perpetual, notwithstanding that from time to time said Fund may be unfunded.

B. Expenditures shall be made from the Open Space and Land Acquisition Fund only in accordance with the following procedures and requirements:

1. Said expenditures shall be made exclusively for the appraisal, acquisition and preservation costs relating to parcels of land or easements, interests or rights therein, the use of which shall be limited to retention of the parcel in its natural condition or the protection of natural resources for passive recreational or agricultural purposes.

2. Recommendations for the appropriation for acquisition of any parcel and/or easement, right, or interest therein, including the sum to be expended, shall be approved by a vote of the Washington Conservation Commission and forwarded to the Planning Commission Board for a report in accordance with CGS 8-24.

3. Following review by The Planning Commission, and incorporation of any changes approved by vote of the Conservation Commission, any recommendation for appropriation of monies for acquisition shall be forwarded to the Board of Selectmen for approval and thence to the Board of Finance.

4. Following the approval of such recommendation by the Board of Finance for the appropriation of funds, the Board of Selectmen shall present it for vote at a duly-warned and noticed Annual or Special Town Meeting.

5. That upon recommendation of the Chair of the Conservation Commission, the Board of Selectmen shall have authority to spend up to $6,000.00 for expenses incurred in investigation as to the suitability of land for acquisition by the Town of Washington. Such expenses shall include payment for the services of real estate appraisers, soil scientists, environmental planners and the like.

This ordinance shall become effective November 1, 2003.

Section 5 was added as an amendment on August ??, 2005

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2. Eminent Domain Ordinance

The recent Supreme Court ruling allowing a town to take land by eminent domain for private development, puts at risk traditional property rights. The Zoning Commission and Board of Selectmen ask the public to vote on the following Proposed Ordinance.

ORDINANCE REGARDING THE TAKING
OF PRIVATE PROPERTY BY EMINENT DOMAIN

IT IS HEREBY ORDAINED by the qualified voters of the Town of Washington, acting at a lawfully called Town Meeting:

1. That neither the Town of Washington nor any of its elected or appointed agencies or officials, nor anyone acting in the name of the Town of Washington, shall be authorized to propose, approve or appropriate funds for the use of the power of eminent domain to take private property unless the property to be taken meets one of the following criteria:

a. The property is to be owned by the Town of Washington or an agency of the Town of Washington, and is to be used or set aside for one or more public facilities, such as, but not limited to, streets, bridges, parkways, sidewalks, rights of way, or other public ways, parks, playgrounds, schools, or public sewer, water or waste disposal or transfer facilities; or

b. The property is to be owned by the Town of Washington and set aside for permanent open space or drainage or erosion control facilities; or

c. The property poses a danger to public health or safety as a result of physical deterioration, pollution or contamination, and is to be taken by the Town of Washington for the purpose of remediating such conditions or minimizing danger to the public.

2. If any portion of this Ordinance is determined to be unlawful or to be in conflict with any governing state or federal law, the remaining provisions of this Ordinance shall remain in effect.

3. This Ordinance shall take effect fifteen days after publication in accordance with Connecticut General Statutes Section 7-157.