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Charter Revision Commission 11/14/12 Minutes
REGULAR MEETING  MINUTES
November 14, 2012   6:30 P.M.
2nd Floor Conference Room
Old Saybrook Town Hall


Members Present:                                        Absent Members:
David Royston, V. Chairman                              William Childress, Chairman
Carol Manning, Secretary/Treasurer                      David LaMay
Judy Ganswindt
John DeCristoforo
Jan Murray
Don Hunt
Sal Aresco

In Attendance:
Carl Fortuna, First Selectman
Barry Maynard, Tax Collector
Barbara Maynard, Past Selectman
Gerri Lewis, Clerk


Call To Order:  
Mr. Royston called the Charter Revision Commission meeting to order at 6:32 p.m.

Approval of Minutes: The Charter Revision Commission meeting October 10, 2012.
ROYSTON/ARESCO
A motion to approve the CRC minutes of October 10th, 2012.  
MOTION CARRIED UNANIMOUSLY.

Approval of Minutes: The Charter Revision Commission Public Hearing October 10, 2012.
MURRAY/ARESCO
A motion to approve the minutes of the October 10th, 2012 Public Hearing.  
MOTION CARRIED UNANIMOUSLY.

At this time, Mr. Royston noted that the CRC schedule of meeting dates was approved at a previous meeting.  Ms. Lewis distributed a meeting schedule for review by the commission to be filed with the Town Clerk  Ms. Ganswindt noted that the December date for this year is December 12th  which should be corrected from December 11, 2012.  

Approval of Schedule:
ARESCO/MURRAY
A motion to approve the 2012-2013 meeting schedule, as corrected, for the purpose of transmitting it to the Town Clerk. MOTION CARRIED UNANIMOUSLY.

Discussion Chapters 1 and 2 of the Charter:

Chapter 1:  Incorporation and General Powers
Sections 1,2,3,4,5; Section 6(a); (b);
Mr.  Royston briefly noted that Chapter 1, Sections 1 through 6 was straight forward and the duties and powers were conferred upon the town by the State Statutes.  The form of government is Town Meeting/Board of Selectmen.  The Commission agreed.

Ms. Manning noted that at the Public Hearing a person talked about a town manager and the finance director’s position.  Mr. Hunt noted that this could be discussed in Chapter 5 of the Charter.

Chapter 2:  Elections:  
Section l. General
Section (a): A discussion regarding the list of electors, i.e. “Voting List” and where it comes from was had; can you by charter change the eligibility of non-resident owners for voting?  The Commission agreed to look at:
  • Clarify the definition of an elector;
  • If property is in “Trust” what are the issues and how can they be addressed?
  • Eligibility to vote on financial matters for non-resident property owners;
  • Inquire of Town Counsel:
  • Can the Commission do anything with regard to the above?
  • Where in the Charter should it be addressed and up to what point?
Section 1(b): No discussion.

Section 1(c): Mr. Royston inquired if anyone on the commission found a problem with this or has had experience with this.  Ms. Murray referred to the Board of Education and the “timing”of key votes.  She thought there should be some clarity perhaps.

Section 1(d):  Ms. Manning inquired regarding ‘law’ in the following:  “….powers and duties prescribed by law.”   It was noted that ‘law’ referred to the general laws of the State of Connecticut.

Section 2:  Limits on Majority Representation.
Mr. Royston pointed out that this section was taken directly from State Statute.  Ms. Manning brought in copies of the Statute (Sec. 167a) for purposes of discussion as follows:

  • Can the restriction on majority representation be changed by Charter?
Ms. Manning asked the Commission to consider changing the political affiliation representation.  Mr. DeCristoforo thought that it made sense.  Mr. Aresco commented that when you are on a board or commission for the town, don’t you do/vote for what is best for the town.  Mr. Royston noted that there is a minimum requirement and that there may be more boards where this could apply.  

Mr. Fortuna noted that there is one 9 member board and that is the Board of Education.  He also noted that Attorney Cronin will be sending out a memo regarding majority representation on boards.  Mr. Royston noted that they would re-visit this section.

Section 3: Voting Districts
Mr. Royston asked Mrs. Maynard to comment if there were any provisions relating to voting places and if there were any provisions regarding conduct of elections.  Mrs. Maynard noted that Old Saybrook operated under the election laws and statutes of the State of Connecticut and operations run very smoothly and efficiently.  The commission agreed.  Mr. DeCristoforo noted that now everything being electronic, the wording will have to be amended in the Charter.

Section 4.  Breaking a Tie
This section is dictated by State Election Laws

Section 5. Eligibility
The commission agreed that this section was pretty straight forward.

Section 6(a); (b); (c); (d)  Election by Annual Town Meeting when Spaces on Voting Machines are Insufficient.

With regard to the above, the following was discussed in this section:
  • Change “Voting Machines” to ‘Ballot’;
  • Shall alternates be removed from the ballot?
  • Shall alternates be voted on at town meeting?
  • Are there other offices to be considered?
Mr. Hunt commented that he had been speaking with the Town Clerk and suggested that she be invited to the next meeting to shed some light on this discussion.  It was also noted that memos from town counsel on Chapters 1, 2 & 3 will be requested on several of these issues discussed at this meeting as well.


Comments From The Commission:

What is the next assignment?
Mr. Royston thanked the commission for their input and participation.  He noted that discussion of Chapter 3 will be on the agenda for December 12th.  He also noted that the Town Clerk and town counsel comments and memos will be discussed at the next meeting.   

Mr. Royston asked if everyone had the same “version” of the Charter.  Most everyone got their copies from the Selectman’s Office which is slightly different in format and pagination from the Charter on the Town website.  Ms. Lewis will obtain a copy of the Charter for herself and Mr. Royston as well.

Public Comment:  None

Mr. Fortuna, addressing Ms. Manning’s comment on the public hearing, noted that it was Mr. Lucas, at the public hearing, that commented about 4 year terms for the Board of Selectmen and that the Finance Director should be in the Town Charter.  He also noted that his understanding of Mr. Fish’s comment was, yes the Finance Director should be in the Town Charter and that would eliminate the need for a town manager.

Mr. Fortuna also noted the comment at the Public Hearing about ‘elected’ Tax Collector versus ‘appointed’ Tax Collector.  He commented regarding the excellent job Mr. Maynard was doing and did not suggest any change to that elective office.

Motion to Adjourn:
HUNT/MANNING
A motion to adjourn the November 14, 2012 meeting at 7:53 p.m.  MOTION CARRIED UNANIMOUSLY.


Respectfully submitted,

Gerri Lewis, Clerk
Charter Revision Commission