Major Provisions: (known as CAREFUL CHOICE Amendment) The number of signatures required on a referendum petition would be decreased to one percent of the registered voters in the city. The city has 64,000 voters. If the amendment passes, 640 signatures--instead of 6400 signatures--would be needed.
If signatures totaling at least one percent of the registered voters are collected, the Council must: confirm the measure by a favorable two-thirds vote (six of nine Council members), repeal the measure, or put it to a vote of the electors.
If signatures totaling at least two percent are collected, the Council must: confirm the measure by a favorable three-fourths vote (seven of nine members) of the Council, repeal the measure, or submit the measure to a vote of the electors.
A Òmajor land use decisionÓ shall mean: any zoning change other than to agricultural zoning, a zoning change that would increase the number of homes or commercial space in the city, approval of a development project of more than 25,000 square feet total floor area, failure by the Council to call up Planning Board approval of a development project of more than 25,000 square feet total floor area, or changes to a growth management system.

Those in FAVOR say:

-- Recent City Council decisions on major land use issues have not always reflected the will of the people. Even though the public has had ample opportunity to speak, the trust that city government will listen has decreased. This amendment forces the City Council to reaffirm its decision by more than a simple majority of council members. If they can do this, the issue is resolved. If they cannot, they have to either repeal their motion or take it to a vote of the people.

-- The present requirement for the signatures of 10% of the registered voters to force a referendum is an unreasonably high number, especially since the voter list is purged so infrequently. It is also unreasonable to require that the signatures be collected within 30 days of a City Council decision.

-- It is important to have a mechanism in place which allows citizens to quickly respond to and correct perceived mistakes made by Council. Major land use decisions are generally de facto irrevocable. These decisions give new property rights; reversing such decisions would be a takings. For example, if the city gives someone permission to build a large supermarket, the city cannot simply cancel that permission a year later. It is too late to take corrective action.

-- "Careful Choice" gives citizens the option of showing their rejection of a specific council decision while retaining their support of Council members with whom they might otherwise agree.

Those OPPOSED say:

-- The lengthy review process (with citizen input) presently required for all major and many minor land use decisions, the several readings of each ordinance, and the numerous public hearings provide ample opportunity for citizens to make their will known before the City Council takes action.

-- Ours is a representative form of government. The initiative and referendum are valuable tools, but can be misused by small groups to impede the aims of the majority. City Council members are elected at large by a vote of all the people. If the voters disagree with their decisions, Council members can be replaced--at the polls--by the majority of the citizens.

-- A referendum petition forces City Council to repeal or amend the measure as requested or submit it to a vote at the next municipal election, which might be many months in the future. If that should be the case, important land use decisions would be put on hold for an unacceptably long time.

-- If the Council should decide, as the Charter permits, to call a special election to decide the issue rather than waiting for the next regular election, it would be costly. Holding a special election costs $40,000, at a minimum. Moreover, experience shows that considerably fewer voters participate in a special election than in a general election, thus diminishing the chance that the result would truly reflect the will of the majority of citizens.