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


Members Present:                                        Absent Members:
William Childress, Chairman                             Jan Murray
David Royston, V. Chairman      (7:05)                  Don Hunt
Carol Manning, Secretary/Treasurer                      David LaMay
Judy Ganswindt                                  
John DeCristoforo
Sal Aresco

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


Call To Order:  
Mr. Childress called the Charter Revision Commission meeting to order at 6:35 p.m.

Approval of Minutes: The Charter Revision Commission meeting November 14, 2012.
MANNING/GANSWINDT
A motion to approve the Charter Revision Commission minutes of November 14 , 2012.  
Discussion: Mr. DeCristoforo added to his comment on pg. 3; paragraph 1: “…made sense to consider this for discussion.”
Motion to approve as amended:
MANNING/GANSWINDT
Motion carried unanimously.

At this time, Mr. Childress called the Commission’s attention to Attorney Cronin’s letter in which he addressed several of the questions raised by the Commission at a previous meeting as follows:

  • Chapter 2 – Elections, subsection (a); discussed General Statute definition of elector;
  • Issues of whether or not a person who is a “trust” or a “trustee” can or cannot vote; property ownership;
Eligibility to vote at Town Meetings;
  • Voting qualifications if Town Meeting is a continuation of the regular biennial town election;
MAJORITY REPRESENTATION:

  • Chapter 2, Section 2: “Limits on Majority Representation”: This section is taken directly from the provisions of Section 9-167(a) of the General Statutes which is entitled, “Minority Representation.”  
It is noted in Attorney Cronin’s letter:  “It has been the experience of the Town of Old Saybrook for the Harbor Management Commission, the Park & Recreation Commission, and formerly for the Board of Education, that during the nominating process, the electors had no voters’ choice for those positions because the total number nominated equaled the same number of positions to be filled.

Attorney Cronin noted that The Town of Old Saybrook adopted a provision which allowed full voting for the Board of Education which, in effect, adopted the majority representation rules stated in our Charter.  Mr. Cronin suggests that in light of this, the Commission might well consider eliminating those restrictive membership provisions in the Park & Recreation Commission and the Harbor Management Commission to allow more voters’ choice for these positions.

With regard to the size of ballots on biennial town elections, Mr. Cronin noted that the size of our ballot is increased by the number of alternate positions on boards and commissions.  He noted after speaking with the Town Clerk, that it is the Town Clerk’s recommendation to reduce the size of the ballot, and to insure that all regular members of boards and commissions are able to be put on the ballot, and that those alternate positions be appointed by the Board of Selectmen, each for a period of 2 years, rather than to be elected.

Ms. Becker, Town Clerk, sent the Commission a sample ballot and noted that the ballot setup is based on the number of positions up for election as well as any vacancies to be elected.  She also noted that there are only 19 spaces that can be accommodated on each side of the ballot and any one Board or Commission positions CANNOT be separated by continuation to the second side of the ballot.  She felt that the Commission should consider reducing the size of the ballot by removing the Alternates (Section 6(d)(1)(2)(3) which would free up 9 spaces.

With regard to vacancies in an elected or appointed position, it is Mr. Cronin’s recommendation to extend the forty-five day period in which the BOS have to fill that position to sixty-five days, before it goes to the individual board or commission.  Mr. Childress suggested that we think about a discussion involving the Town Committees and their endorsements for boards and commissions.  Mr. Fortuna noted that there are boards that do not have alternates.   Mr. Childress commented that there are other options such as turning some commissions into “appointed” rather than “elected” positions.  He noted that this is an issue for further discussion.

Mr. Cronin pointed out Chapter 23, Section 3 in that it provides for a Charter Commission to be appointed every ten years.  He recommended that this provision be eliminated.  He noted that if there is a need for a Charter change, they can be initiated at any time by a Board of Selectmen.

Mr. Cronin noted other “housekeeping” items that need to be addressed throughout the Charter and commented that he would be available to discuss this and other such items at the next meeting.

Chapter 4 – First Selectman

A discussion followed regarding two year term vs. four year term for Board of Selectmen.  How effective is a board of three selectmen?  It was noted that Clinton had 5; Madison 5 or more.

Mr. Fortuna commented that he opposed more than 3 selectmen.  He noted that three has been effective and efficient and balanced.  Mrs. Maynard agreed.

Mr. Childress noted that it sounded like the Commission agreed on a two year term for Board of Selectmen, no term limits and keeping the number at three.

Mr. Royston initiated a discussion on how the election of the Board of Selectmen worked.  Also discussed was authority given to a board or commission and the Duties and Powers given the Board of Finance; Section 8(b).  An example: The Finance Director is under contract for the fiscal year; requires budgetary approval by Board of Finance.

Chapter 5 – Elective Officers, Boards and Commissions

Discussion of elective vs. appointed positions continued.  There was a discussion regarding the Connecticut General Statutes, Section 9-188.  Also discussed was contracts: should a board or commission have the authority to approve a contract?  Mr. Royston suggested that no contract should be valid unless approved by the Board of Selectmen and recommended by the Board of Finance.  


Comments From The Commission: Nothing additional.


Public Comment:  None

Motion to Adjourn:
GANSWINDT/MANNING
A motion to adjourn the December 12, 2012 meeting at 8:25 p.m.  MOTION CARRIED UNANIMOUSLY.


Respectfully submitted,

Gerri Lewis, Clerk
Charter Revision Commission