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Minutes 09/26/2011
City of Torrington              MEETING MINUTES
Charter Revision Commission     September 26, 2011


Present were Commissioners Elinor Carbone, Vic Muschell, Bill Battle, Jim Thibault, Jim McKenna, Debra Brown, Gerry Zordan, and James Steck. Also present was Corporation Counsel Ernestine Weaver. Commissioner Marie Soliani was absent.

The City of Torrington Charter Revision Commission (the “Commission”) opened its first meeting at approximately 5:05 pm.

Ernestine Weaver provided the agenda for the meeting, and began the introductions (Agenda Item #1).  Ernestine is the City’s Corporation Counsel, and will be assisting the Commission with its work.  

The members of the Commission introduced themselves.  The Commission selected the first and third Mondays of each month, at 5p.m. as the regular meeting time (Agenda Item #3).  

The Commission then proceeded to elect officers (Agenda Item #2):

Chair: Elinor Carbone
Vice Chair: Vic Muschell
Secretary: James Steck

All officers received the unanimous vote of the Commission.

(Agenda Item #4) Distribution and discussion of 2008 Charter Revision Commission Final Report:
Each member of the Commission was provided with a copy of the 2008 Final Report.  Gerry Zordan questioned what came of the recommendation to eliminate the position of Selectman?  Jim McKenna indicated that the City Council rejected that recommendation.
Vic Muschell reviewed the status of the four Commission recommendations:

  • Increase the limit for extraordinary expenditures from $100,000.00 to $300,000.00
        This proposal was placed on the ballot but rejected by the voters.
  • Eliminate Selectman from the ballot
        This proposal was rejected by the City Council, and did not make it to the ballot.
  • Extend the office of Mayor and the office of Town and City Clerk to a term of four years.
        This proposal was placed on the ballot and passed.
  • Make technical changes, as needed.
        This proposal was placed on the ballot and passed.



Gerry Zordan questioned whether the Commission intentionally proposed only 4 changes, to which Vic Muschell responded that it would likely be too confusing to have too many alterations at the same  time.  

Elinor Carbone questioned whether any items that were considered last time should be priorities for this Commission’s consideration.  Jim McKenna noted that there was significant discussion in the last Commission with regard to Board of Public Safety and Board of Education election terms, however the last Commission was unable to give the issue the consideration necessary in the time allotted, so that was left to later Commissions.  

Elinor Carbone questioned the resources available to the Commission to research the issues we will be addressing in the Commission.  Do we hear from election experts?  

Jim McKenna indicated that last time, no election people were brought in, but that it is a possibility.  Vic Muschell mentioned that he and Marie Soliani had been to various municipalities with 4 year terms, and reported back to the 2008 Commission.  They had looked at the municipalities with a focus on the position of mayor, but after the report the Commission decided to look at the Board of Public Safety and Board of Education.  

Jim McKenna indicated that the difficulty with dealing with the two Boards is that there is a potential for an entire turnover.  Jim McKenna questioned whether there was a state law that required municipal elections in “off” years.  Ernestine Weaver indicated that she would look into that.   Jim McKenna pointed out that one motivation for holding elections every four years is to save money on the election process and polling places.

Elinor Carbone questioned whether we could use the resources of the Connecticut Council on Municipalities (“CCM”).  Ernestine Weaver stated that that resource is available.  Vic Muschell pointed out that the Board of Education issue implicates state statute, so we would be referencing those in the Commission’s review.  His suggestion is that we should determine if the election term of the two Boards is something that this Commission would like to address, and then discuss the merits.

Ernestine Weaver also pointed out that we have to consider minority representation issues when determining the terms of the Boards.  She also pointed out that our Charter is in conflict with state law, since it is not clear whether a vacancy on a Board will be filled by a member of the same party as the person who left the Board.  She will get the Commission more information on this, but wanted to make the Commission aware of it now.  

Elinor Carbone asked whether there were any other issues that the 2008 Commission members thought should have priority for consideration.  Jim McKenna noted that there were plenty of other issues contained in the 2008 Final Report but none of them were held to be more important than the others.  

Jim Thibault questioned whether we can re-suggest issues to the City Council that were voted down or rejected by the Council last time.  The Commission felt that we could do this.

Elinor Carbone indicated that at the next meeting the Commission would have an agenda item to bring in our ideas and put them all on the table.  The Commission could take all of the ideas, and eliminate from there.  

Elinor Carbone also questioned what was meant in the 2008 Final Report where it was noted that “The following issues are either addressed by the current Charter, cannot be addressed by the Charter, or are not allowable by law: . . . 4. Combine the paid and volunteer fire departments under the governance of the Fire Department.”  Jim McKenna indicated that it was not so much a legal issue as a practical impossibility of consolidating a private volunteer fire department with the paid fire department by Charter.  The volunteer fire department would have to consent to be governed by the Charter before any revision to the Charter could influence their organization.  

(Agenda Item #5) Discussion of Public Hearings:

Ernestine Weaver indicated that we must have at least two public hearings, one in the beginning of our work, and one at the end.  Due to the timing of the elections, our substantive work must be completed by April or May of 2012.

Jim McKenna noted that the 2008 Commission received suggestions from the public at the hearings the Commission held.

The Commission set the date of the first Public Hearing for October 11th at 7pm.  The Commission will have a meeting on October 3rd at 5pm to ensure we are prepared for the Public Hearing.  

(Agenda Item #6) Other Business:

Jim Thibault stated that because he is new to the Commission, he felt that his ability to come up with new ideas is limited, and requested guidance as to whom to contact for ideas.  

Jim McKenna suggested speaking with the chair people of both parties, City Council members, and members of the Board of Public Safety.

Elinor Carbone questioned whether we should have an open period at each meeting, the first 15 minutes, to allow members of the public to comment or contribute.  Comments should be limited to 3 minutes.  The Commission agreed with this proposal.

Jim Thibault questioned whether we should formally invite other groups to come to participate.   The Commission felt that it would take too much time to do this individually, but we could indicate to other groups such as the Board of Public Safety or Board of Education that they were

free to attend our meeting and submit ideas or discuss ideas during the first fifteen minute public address period.  

Jim McKenna indicated that the 2008 Commission began by looking at over 20 items and voted around the table and dismissed the ones that did not have enough votes.  The Commission then added what the public brought forward, and started culling the issues.

Ernestine Weaver indicated that the only technical change so far is the issue of minority representation in connection with appointments.  

Jim McKenna indicated that it was really up to the Commission to bring the ideas forward.  Gerry Zordan noted that if desired, some Commission members could go to meetings of the various Boards that may be affected by the Commission’s actions to get their input.  

Bill Battle questioned whether the viability of the office of Selectman was a high priority for the Commission.  Gerry Zordan felt the Commission should table that consideration until we have all of the issues on the table, and we can set the priority from there.

Jim McKenna indicated his support for addressing the term lengths of the Board of Education and Board of Public Safety.  Debra Brown indicated her support for re-raising the referendum issue for expenditures in excess of $100,000.00.  Commission members noted that should a collapse of the sewer lines occur, the expense would likely be in excess of $100,000.00, and there may not be time for a referendum.  

Elinor Carbone requested whatever background information was available on the issues raised at the 2008 Commission, so that the Commission could review them and bring themselves up to speed.  

Ernestine indicated that October 3rd was only a week away and that it may take more time then that to compile the information.  

The Commission adjourned at 5:50 p.m.

Respectfully submitted,

James P. Steck