Bethel Action Committee Informs First Selectman that July 8th Public Hearing on The Proposed Sale Of Bethel Water Supply to Aquarion Water Company Cannot Legally Take Place
(July 3, 2013 – Bethel, CT) –
Pursuant to CGS Sec. 7-163e, the Public Hearing for July 8, 2013 called by the Bethel Board of Selectmen cannot legally proceed
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According to the Statute, the first warning of the Hearing must be published “at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the last not less than two days before the date set for the Hearing.”
The Town of Bethel posted the first warning in the NewsTimes on June 21, 2013, which is 17 days prior – two days outside the prescribed window.
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According to the Bethel Town Charter §C6-4(c), approval of the Aquarion sale by the legislative body of the municipality is through a Special Town Meeting/Referendum. The CGS Sec. 7-163e requires that the requisite Public Hearing be conducted following newspaper publication of notice of that Public Hearing as required by the above-cited Statute.
If the Public Hearing has not been conducted on proper notice, then the precondition for the Special Town Meeting/Referendum has not been met. The business for which the Special Town Meeting/Referendum is called cannot be lawfully undertaken by virtue of the procedural defect arising out of the failure to conduct a properly noticed Hearing in accordance with the strict requirements of the statute.
Additionally, the failure of the Town to post signage on the property for sale is in direct violation of subsection (b) of CGS Sec. 7-163e.
For more information call Billy Michael at (203) 743-2456.
