East Hampton CT - 4/8/2010 Charter Revision Minutes

Charter Revision Commission

Commission Members Present: Commissioners Dave Balthazar, Melissa Engel, John Tuttle, Vice Chairperson Julie Ciucias and Chairperson Terry Concannon.

Also Present: Town Clerk Sandi Wieleba

Meeting Called to Order

The regular meeting of the Charter Revision Commission was called to order at 9:00 a.m.

Approval of the Minutes of April 1, 2010

Motion: Commissioner Engel made a motion to approve the minutes of April 1, 2010, as amended, seconded by Commissioner Tuttle.

All members voted in the affirmative. Motion passed 5-0-0.

No one was in attendance.

Chairperson Concannon closed the Public Remarks portion of the meeting.

Motion: Commissioner Engel moved to add a review of Section 6.3 to the agenda for discussion on the proposed language, seconded by Commissioner Balthazar.

All members voted in the affirmative. Motion passed 5-0-0.

Town Attorney D’Aquila provided new language for Section 2.2 under Chapter II. The Town Council, which read as follows:

Section 2.2 Term and Chair/Vice-Chair

The term of a member of the Town Council shall commence on the first Wednesday following the biennial town election in November, provided he or she has been certified by the clerk. The council shall hold an organizational meeting on the first Wednesday following the regular biennial town election in November, and biennially thereafter, for the purpose of choosing one of its members to be chair, but this office shall not deprive the Chair of his or her vote on any question. The council shall also elect one of its members as Vice-Chair. The Chair shall preside over all meetings of the council and perform such other duties consistent with his or her office as may be imposed by the council. The Chair shall be recognized as the official head of the town for all ceremonial purposes, for military purposes and for the purpose of serving civil process. During the Chair’s absence or disability, the duties shall be performed by the Vice-Chair or another member chosen by the council except as otherwise specifically provided in this chapter.

Motion: Commissioner Engel moved to accept the language as proposed by Attorney D’Aquila to Section 2.2. Term and Chair/Vice-Chair, seconded by Commissioner Tuttle.

Vice-Chairperson Ciucias asked why this section was placed as a charge for this commission. Town Clerk Wieleba explained that she felt holding the organizational meeting the following night after the election prevented her from verifying the wining candidates when there is a tie or close vote. The proposed language by the Town Attorney would:

o Provide a written mechanism for certifying the candidates in which there was no discrepancy; and

o Allow the mandatory six days for a recount for any candidates that fall under Section 9-311a of the Connecticut General Statutes. This section in State Statute mandates a recanvass on close votes that are less than a vote equivalent to one-half of one percent of the total number of votes cast for the office, but not more than 2,000 or less than twenty votes.

Vice Chairperson Ciucias wanted to be sure that this language would allow the Town Clerk’s office to provide accurate results in the timeframe proposed. Town Clerk Wieleba stated that her office, the Registrar of Voters and Moderator would remain at the polling place until they were satisfied that the results were accurate and begin the recanvass process if needed.

Chairperson Concannon confirmed that an individual could not be certified until a recount had taken place in the case of a tie or close vote.

Commissioner Tuttle confirmed that if there was a major problem with the voting equipment, that there would be no organizational meeting until all the ballots were counted.

All members voted in the affirmative. Motion passed 5-0-0.

Town Attorney D’Aquila provided one change to Section 5.2 and the addition of Section 5.3 Supplemental Appropriations. Section 5.2 will now read as follows:

CHAPTER V. BOARD OF FINANCE

Section 5.2. General powers and duties.

Upon receipt and consideration of the town council's policy statement concerning the proposed annual budget, the Board of Finance shall hold one or more public hearings on the proposed annual budget and shall with the advice of the town manager, not later than April 15 in each year, present to the council a complete proposed annual budget for the ensuing fiscal year. The council may make any alterations or reductions in the proposed annual budget that they deem necessary, except for increasing the total proposed annual budget and shall submit same to a budget referendum for approval. If the town council disagrees with the total proposed annual budget, the council may reject same and return said proposed annual budget to the Board of Finance for further consideration. After further consideration, the Board of Finance shall submit the final proposed annual budget to the council and the council shall submit same to a budget referendum for approval. Upon the establishment of the annual town budget by a budget referendum, the Board of Finance shall fix the tax rate in mills which shall be levied upon the taxable property in the town on the grand list of the previous October 1. The Board of Finance shall review consider and make recommendations, either for or against, regarding all requests for additional appropriations to be submitted to the council.

Motion: Vice Chairperson Ciucias moved to accept the changes as outlined by Attorney D’Aquila for Section 5.2, seconded by Commissioner Tuttle.

All members voted in the affirmative. Motion passed 5-0-0.

Section 5.3 will read as follows:

Section 5.3 Supplemental Appropriations.

Following a recommendation either pro or con by the Board of Finance, the Town Council may vote to make an additional appropriation from the Town Fund Balance to any Board, Commission, or agency so long as said additional appropriation, together with the total of all additional appropriations made in the same fiscal year to the same Board, Commission, or agency, does not exceed $12,500. An affirmative vote of both the Board of Finance and Town Council shall be required for any additional appropriation from the Town Fund Balance to any Board, Commission, or agency exceeding $12,500 but not exceeding $25,000 provided said additional appropriation, together with the total of all additional appropriations made in the same fiscal year to the same Board, Commission or agency does not exceed $25,000. Town meeting approval shall be required following a recommendation either pro or con by the Board of Finance and approval by the Town Council for additional appropriations exceeding $25,000. from the Town Fund Balance to any Board, Commission or agency.

Motion: Commissioner Engel moved to approve Section 5.3 Supplemental Appropriations, seconded by Commissioner Tuttle.

The question as to what would happen if both the Board of Finance and Town Council voted negatively regarding an appropriation exceeding $12,500 but not exceeding $25,000. It was agreed by consensus of the Commission to have Attorney D’Aquila address this issue at the next meeting.

Commissioner Engel reiterated the discussion from the last meeting with Mr. Hintz. She felt that if one board voted negatively, the appropriation would go to a town meeting.

A discussion ensued on proposed language to address a failure to agree from either board.

Chairperson Concannon and Commissioner Tuttle agreed that the last sentence could be simplified by eliminating “from the Town Fund Balance to any Board, Commission, or agency.” in the last sentence.

Motion: Commissioner Engel moved to rescind her motion, seconded by Commissioner Tuttle.

All members voted in the affirmative. Motion passed 5-0-0.

Commissioner Engel requested that the Town Attorney address the issue if there was a conflict between the Board of Finance and the Town Council over appropriations between $12,500 and $25,000. She asked that Attorney D’Aquila prepare language for this section spelling out these terms.

Motion: Commissioner Engel moved to add a ‘6a’ to the agenda in order to review Section 4.1, seconded by Vice Chairperson Ciucias.

All members voted in the affirmative. Motion passed 5-0-0.

Attorney D’Aquila suggested revising Section 4.1 of the Charter to delete the following sentence “Any additional appropriations made during the fiscal year, to a board, commission, department or agency in excess of an amount specified by town ordinance shall be approved by the town meeting.”

Motion: Vice Chairperson Ciucias moved to delete the sentence in Section 4.1 as follows: “Any additional appropriations made during the fiscal year, to a board, commission, department or agency in excess of an amount specified by town ordinance shall be approved by the town meeting.” seconded by Commissioner Engel.

All members voted in the affirmative. Motion passed 5-0-0.

CHAPTER IV. TOWN MEETING

The town meeting shall approve the issuance of all bonds and notes. The town meeting shall have the power to adopt the annual budget at a budget referendum to be scheduled by the council for the first Tuesday in May. If necessary, subsequent referenda shall be scheduled by the council until a budget is approved. Any additional appropriations made during the fiscal year, to a board, commission, department or agency in excess of an amount specified by town ordinance shall be approved by the town meeting. Any ordinance or resolution authorizing the purchase or sale of any interest in real estate shall be acted upon by the town meeting, after review by the Board of Finance and approval by the council. However, purchase or sale of any interest in real estate for Public Works’ projects only and for fifteen thousand dollars or less may be approved by the council following review by the Board of Finance.

Chairperson Concannon wished to review the materials provided by Attorney Antin of D’Aquila Law Offices, LLC. This material pertains to filling vacancies on the Board of Education and was requested by the commission at its last meeting.

Motion: Commissioner Tuttle moved to table this item until their next meeting on April 15th

Chairperson Concannon requested inviting the Board of Education to the next meeting to be held on April 15th at 7:00 p.m.

Section 6.4 Vacancies in Elective Offices

Vice Chairperson Ciucias read new language for this section.

When a person vacating an office shall have been elected as a member of a political party such vacancy shall be filled by a member of the same political party, as appointed by said political party, for the unexpired portion of the term or until the next biennial town election (whichever is sooner) and until his or her successor is elected and qualified.

The Town Attorney will review this new proposed language by the commission.

It was discussed as to whether the Board of Education would also be required to comply with this section.

Chairperson Concannon pointed out that when a vacancy occurs within the first few years of a four-year term, the vacancy is filled by appointment until the next biennial election even though the four-year term is not up for election.

It was agreed to review this issue, after reviewing the information provided by the Town Attorney, at its next meeting.

Chairperson Concannon asked if all elected offices should be listed under this section.

Commissioner Engel suggested adding Board of Education to the title.

Vice Chairperson suggested inviting the members of the Board of Education to the next meeting and providing the members with the proposed language.

Commissioner Engel moved to approve the proposed language of Section 6.4 Vacancies in Elective Offices, seconded by Commissioner Tuttle.

All members voted in the affirmative. Motion passed 5-0-0.

Chairperson Concannon amended the language from Section 2.1 by adding a comma after the word “agencies”.

Section 2.1. Election.

The Town Council hereinafter referred to as the “council”, shall consist of seven members who shall serve without compensation. Not more than five of the members shall be of the same political party. At the biennial election in 2011, four candidates shall be elected to a four-year term of office and three candidates shall be elected to a two-year term of office. For each biennial election after 2011, the number of members to be elected will be determined by the number of members whose terms are expiring and each candidate will be elected for a four-year term of office. No member shall hold any position of profit under the government of the Town of East Hampton, during the term of office for which he or she is elected, and for two years thereafter. Additionally, no member shall serve in another elected or appointed office under the government of the Town of East Hampton during the term of office for which he or she is elected, except for ad hoc committees, sub-committees, agencies, and task forces appointed by the council and a Charter Revision Commission.

Motion: Commissioner Engel moved to approve Section 2.1 Election with the changes made in the minutes, seconded by Vice-Chairperson Ciucias.

Commissioner Tuttle confirmed that this section included full voting.

All members voted in the affirmative. Motion passed 5-0-0.

Town Attorney D’Aquila provided a new stand-alone section to be identified as Section 6.4 which will read:

Section 6.4. Voting for elective officers.

An elector may vote for as many candidates for municipal office as there are seats to be filled in any municipal election.

The Town Attorney will review this new language with the Secretary of the State’s Office.

Any other business to properly come before the Commission

1. It was agreed that Attorney D’Aquila will attend the meeting on April 15th at 7:00 p.m. in the Eaton Smith Meeting Room of the Town Hall.

2. The Board of Education will be invited to attend the meeting of April 15th in order to discuss section 6.3 Vacancies in Elective Offices.

3. A draft of the Final Report will be emailed to all members for their review and it will be discussed at the next meeting.

4. Commissioner Tuttle will put together of a PowerPoint presentation for the April 19th public hearing and also for the Town Council meeting on the 27th.

5. New Section 6.4 Voting for Elective Officers will be approved at the April 15th meeting.

The meeting was adjourned until the next regular meeting of April 15th at 7:00 p.m. at the Town Hall in the Eaton Smith Meeting Room.

The meeting adjournment: Motion by Commissioner Engel and seconded by Commissioner Tuttle to adjourn at 10:40 a.m.

Respectfully Submitted

Sandra M. Wieleba, Town Clerk