Executive Order 7I issued on Saturday evening by Gov. Lamont has significant effects on the operations of municipalities in Connecticut, particularly in the areas of budget adoption, land use applications and taxation and assessments. While the changes are discussed in some detail in the text of Executive Order 7I, the following are some of the highlights. More comprehensive analysis will follow in the coming days.
Budget Adoption
· Section 13 essentially dispenses with budget presentations, hearings, town meetings and referenda for purposes of reviewing, revising and adopting 2020-2021 fiscal year municipal budgets and setting the mill rate. The legislative body of the town – or the Board of Selectmen if the town meeting is the legislative body – shall authorize the budget-making authority of the town to adopt a budget and set a mill rate. The budget-making authority is obligated to make reasonable efforts to reach out to the public and receive comments.
· Section 12 expands the definition of “municipality” to make this budget adoption process applicable to nearly every type of district, entity or agency with taxation and budget authority.
· Section 14 establishes a parallel process for the adoption of budgets by regional boards of education.
Taxation and Assessment
· Section 15 extends deadlines and waives penalties for municipalities’ failure to file certain information with the state within the statutory deadlines.
· Section 16 allows hearings of Boards of Assessment Appeals and certain abatement and exemption filings to be done electronically rather than in person.
Land Use Applications and Proceedings
Section 19 provides for the following:
· Land use applications and proceedings that are constrained by statutory deadlines will have those deadlines extended by up to an aggregate period of ninety (90) days in addition to any other statutory or regulatory extension provisions.
· Demolition delay timelines are extended by ninety (90) days
· Statutory or regulatory provisions requiring filings or publications of notices and other information are generally suspended to allow such filings or publications to be made on the municipality’s website rather than in the town clerk’s office or in a newspaper
· Statutory or regulatory provisions requiring posting of physical signs are suspended (with one exception noted below)
· Statutory or regulatory provisions requiring personal notice by mail to individuals, other boards or commissions, other towns, regional planning organizations or other entities or persons may be made by electronic mail where possible. If electronic mail addresses are unknown for any such recipients, the party obligated to give the notice may (i) post a sign on the property indicating that an application is pending and giving relevant details or (ii) mail required notices to those individuals or entities at the address provided to them by the municipality.
· Statutory or regulatory provisions requiring the filing of any petition, including a petition for an appeal to a legislative body or agency, may be satisfied by electronic filings of and electronic signatures on such petitions
· Commencement of an appeal of a municipal decision to Superior Court which requires service on the town clerk or other town official or entity may be satisfied by service by electronic mail by the proper officer. The time period for filing an appeal has not been changed.
· The appeal of a decision of a zoning enforcement officer or an inland wetlands agent may be made by electronic mail rather than regular mail. The time period for filing such appeals has not been changed.
· The suspensions and modifications contained in Section 19 of Executive Order 7I would require the filing or delivery of the applicable confirmations, notices, appeals or other actions to be made within a reasonable time after the applicable office opens for public activity.
For more information or if you have any specific questions, please contact us.