Jones: Town Needs More Time to Study Ordinance

On February 13th, 2012, in a 5/2 vote, the town council passed “Resolution 2012-11”.   This ordinance regarding the Authority and Duties of the Water and Sewer Commission, grants full autonomy to the Water and Sewer Commission.  Town Council members voted in favor of this resolution despite overwhelming citizen opposition.  A petition for a town meeting to overrule the enactment of this resolution is scheduled for Monday, March 19th at 7p.m. at Montville High School.

Proponents contend this resolution brings the town into compliance with Sec. 407e. A 1995 Charter Revision that was passed seventeen years ago. Opponents, myself included, question the circumstance which necessitated its resurrection, especially after failing adoption by the previous council in 2011

Upon reviewing the last sentence of the original language of the 1995 charter revision (section I.407), as it appeared on the Voting Ballet: “The commission shall make recommendations for salaries of employees of the water and sewer departments to the town council”....had been stricken…so voters never had a chance to decide on this specific question…From that point on, it became common practice that the council approve employee contracts and annual budgets. 

The existing Town Code (c407) establishes the Commission’s jurisdiction and control over all facilities owned and operated by the town for supply and distribution of its water to property owners and for the collection and treatment of sewage, commercial and industrial wastes. Moreover, to plan and direct the development, financing, construction, and operation of the town’s water and sewer supply disposal and distribution facilities.

The three most controversial revisions in Resolution 2012-11 are:

1)  Authority to enter into employment contracts with water and sewer department employees, approve all salaries, benefits, and changes in salaries and benefits.

2)  Approve its own annual budget, without Town Council approval.

3) The town reserves the authority to incur indebtedness by issuing its bonds and notes for any capital improvement to water and sewage facilities.

Expediting this newly interpreted 1995 Charter Revision leaves many questions regarding long-term effects on taxpayers, ratepayers, and the town. A few more, crucial, weeks of study would be in the best interest of the town.  

There are legitimate and rational reasons for periodic changes to the town charter. However,  changes should be made only after a complete and thorough review with respect to the community's long-range goals and public expectations. 

Should the town enact legislation that empowers a five member volunteer Water and Sewer Commission who will have full autonomy to operate an $8 million publicly funded budget, without legislative approval?   This is a recipe for disaster for the following reasons:

1)  The town will experience a greater degree of financial and legal risks. Most importantly, volunteer members are, generally not held accountable for decisions that may result in a law suit. The $16 million Rand Whitney lawsuit against the town, epitomizes this situation.

2)  The town’s future economic growth hinges upon its ability to distribute underground drinking water and accommodate wastewater discharge to residential, commercial, and industrial constituents. Under the "watchful" eye of the Water and Sewer Commission, an employee embezzled $51,000. By demonstrating such a lack of fiduciary responsibility, handing over control of town owned property and essential resources to this volunteer commission (no certifiable expertise with water and sewage) is not in the best interest of Montville Taxpayers.

3)  Full autonomy to set and change salaries is akin to having a lottery ticket that consistently pays out. This provision dims the light of transparency. 

Overruling citizens by granting full autonomy to the Water and Sewer Commission is irresponsible government and placing the taxpayers of Montville at great financial risk!

I urge all taxpayers to attend the March 19th Town Meeting and Vote Yes to Overruling Resolution 2012-11!

Respectfully Submitted,

Rosetta Jones,

Montville Town Councilor