Open Space Ordinance, Mayoral non approval

On FriAug18 I rcd an email wanting to know about the Mayor's non-approval of the ordinance - in essence a "veto". I didn't know anything, and today (MonAug21) I had a request from media on my response. Apparently the NHRegister had an article on SatAug19, but it is not in their online version or archive. Here re-typed is an excerpt:

SHELTON — Mayor Mark A. Lauretti has vetoed a recently passed open space ordinance, citing a funding technicality. "So no one misconstrues the veto, I recommend a revision to go along with the veto," Lauretti said late Friday. "It’s a technicality in the funding and recommended remedy for that funding." The Board of Aldermen adopted the ordinance Aug. 10.

Under the ordinance, aldermen would allocate $250,000 annually to the Open Space Trust Account. The ordinance additionally folded the operations of the Open Space Commission into the Conservation Commission, which has a similar function and purpose. Lauretti said that he does not oppose the ordinance and supports preservation of open space, as he has throughout his administration. "In the last 15 years we’ve spent over $17 million on open space without even an ordinance (directing the money be spent)," Lauretti said. "There is not much of an intelligent debate you can have over funding for this when you are doing that."

Alderman John "Jack" Finn, D-1, said Friday he hadn’t heard about the veto. "That comes as a surprise because if he saw a problem he should have spoken up before this," Finn said. "I’m sure he receives copies of ordinances that go to public hearing." Finn said that it’s likely the ordinance will have to go through the whole process again, including going back through public hearing.

+++++++End of excerpt from NHReg SatAug19+++++++

I wasn't aware of any technical errors in the ordinance, but then again I was surprised by the technicality of needing to hold a 2nd public hearing after the snafu in legally posting the ordinance changes. I would have thought there was enough time over the past couple of months to review the proposal by anyone interested given the amount of time it was available. The Mayor is quoted as saying he has a recomended revision to correct this technicality. I don't have access to that as of yet. I don't know what the status or particulars are of his response. I'd rather not conjecture on what the "technicality" issue is or his revision proposal contains. The ordinance was passed by the BOA 7 to 1 (Alderman York voting no).

My understanding of the process ahead comes from the municode website, specifically Chapter 4.8 of the Shelton City Charter. The BOA mades the action (ThuAug10), the BOA clerk certifies the vote to the Mayor within 10days (by SatAug20, but I'm sure it was done earlier than that, likely MonAug14). Within 14days of of the Mayor being certified, he must make his choice to approve it, disapprove it, or not take any action which has the affect of approval (following our example this would be by MonAug28). If the Mayor disapproves, his disapproval letter must be read by the BOA Clerk at the next BOA Regular meeting (ThuSep14). Within 7 days of the reading (ThuSep21) the BOA has opportunity to repass the ordinance if it has 6 out of 8 votes in the affirmative. If they do not address this by repass vote during the Regular meeting on Sep14, they need to call a Special Meeting. The Mayor or any two members of the BOA may convene a special meeting of the Board at any time by giving each member and the Mayor at least twenty-four (24) hours' notice.

This ordinance as passed by the BOA calls for a set amount to be allocated from the Annual Budget and the allocated amount to be appropriated within forty-five (45) days of the commencement of the fiscal year. The City's fiscal year runs from July1-June30. The appropriation date would be Aug14 of each fiscal year. Given my above paragraph's example of dates, if it had been approved by the Mayor in late August or is repassed by the BOA during their ThuSep14 BOA regular meeting, it would not affect the current fiscal year's budget. It would affect the creation of the Annual Budget for 2007/2008. It does not have effect on the current budget in place which was passed back in June for fiscal year 2006/2007.

The people of Shelton and the region, benefit from significant efforts made at land acquisitions in Shelton that are permanently protecting Open Space areas. Examples include development rights purchased to preserve working farmland, and open space along ridgelines of the Housatonic River providing aesthetic buffer to the entrances of Indian Wells State Park. Many of these efforts have involved grants and cost sharing partners from the State and Federal levels of government, and other private entities. Many times though, Shelton does it on it's own. The local commitment made to that effort comes through an annual contribution to an Open Space Trust Account. When necessary, the voters are requested to confirm a direction that requires significant financial dedication via referendum.

The annual contribution illustrates our leader's commitment and decision making to dedicate to this effort in the annual budget. Any referendum contribution illustrates the voter's confirmation that a further dedication is needed. The two combine to show our dedication as a community.

It is my hope that the leadership of the Board of Alderman and the Mayor will show continued dedication, as they have so often in the past, for their share of this decision making.