Meeting Minutes
May 18, 2004
Conference Room
Town Hall
Present: Chairman Wayne Church, Members Donna Chrostowski, Larry Ouellette, Peggy Adler, Tom Terribile
Meeting called to order 7:05.
1. Recognition of Guests
No guests.
2. Correspondence
No correspondence.
Adler handed out a draft list of ballot questions, a draft list of charter revisions, charter revisions as they would appear with the ballot, a draft charter complete (all dated May 18, 2004) and a report of the Tree Committee. A discussion took place regarding Item #16 "shall outdated, redundant and extraneous materials be removed from the Town Charter" and it was decided to return to the last used verbiage from the last ballot of 1998. Item #1 may be separated upon requested opinion by legal counsel: Shall the town clerk and tax collector be hired rather than elected? Item #3 may be separated: Shall the design Advisory Board, Open Space Advisory Board and Board of Assessment Appeals Alternates be added to the Town Charter?
Adler pointed out that September 2, 2004 is the deadline to submit ballot questions to the Secretary of State. A discussion of the schedule ensued. Terribile suggested the ballot questions be reviewed and the draft charter to be discussed at the next meeting.
3. Tree Committee
An ordinance established the Tree Committee in June 1998. The first meeting was held in September 1999, and it was reported that agendas were filed approximately half of the 47 meetings since, and that the committee's policy has been to meet in a private home. Terribile motioned to remove the tree committee from the list of considerations. Adler seconded. Chrostowski, Adler and Terribile in favor. Ouellette and Church opposed. Motion carried.
4. Guilty of Felony added as condition for removal from office
After a lengthy discussion, it appeared that two issues were at the crux of the proposed revision. First, the Charter already provides for an elector to be removed if found guilty of a felony by way of Section 2-54, which indicates only a bona fide elector (voter) is eligible for office, and will cease to hold office if not a bona fide elector, since a convicted felon cannot vote. Secondly, if a First Selectman is charged with a felony, and he is removed from office pending prosecution, Ouellette indicated that the rights of the voters to be represented by their duly elected official have been violated. Terribile, while stressing that this person may still be receiving compensation, indicated his opinion that pending prosecution, such person should not be in a place of authority and trust. Terribile cited Waterbury, Bridgeport and Stonington as examples of elected officials retaining office while under indictment for numerous crimes. Church pointed out the North Branford charter item allowing an office holder found guilty of a crime of moral turpitude to be removed. The Commission decided to allow Terribile to do further research into how other towns have dealt with this issue. Ouellette motioned to table the item until the next meeting.
Chrostowski seconded. Motion passed unanimously.
5. Retirement Board
After consulting with the Director of Finance, Church reported that four of the five unions in the Town are members of MERF, or Municipal Employees Retirement Fund. The state oversees all activities of this agency. The remaining union, the Police, is overseen by a three-member Police Pension committee consisting of the First Selectman, the chairman of the Board of Finance and the Chairman of the Police Commission. Adler motioned to remove this item from the list of considerations. Terribile seconded. Motion passed unanimously.
6. Review of any Remaining Tasks
Next meeting will be June 8th, a special meeting, with an agenda to include review of charter revisions to date, input regarding removal clause from Terribile, review of ballot questions, and issuance of Commission's report to the Board of Selectmen. June 15th is the target date to deliver to Board of Selectmen.
Terribile pointed out a discrepancy in the wording of proposed revision Section 5-1 Composition, noting the word "committee" has been added. Ex-officio status was discussed, noting that the ex-officio member of a board or commission does not have voting rights. There now exists a Capital Expenditures Committee, made up of selectmen, finance board members and others. Ouellette motioned with regard to the currently proposed Section 5-1-B, the second sentence should be changed to read: "Additionally, no member of the Board of Selectmen, during term of office, shall serve in any other permanent office or on any other board or commission of the Town of Clinton, except as ex-officio member or as specifically provided for in the Connecticut General Statutes." Adler seconded. Motion passed unanimously.
7. Approval of Minutes: Terribile motioned to approve minutes from May11th, Adler seconded. Motion passed unanimously.
8. Commissioners' Comments
None.
9. Chair's Comments
None.
10. Adjourn: Adler motioned to adjourn at 9:08. Seconded by Ouellette. Motion passed unanimously.
The above notes represent the writer's interpretation of discussions at the meeting. Those in attendance are expected to inform the writer of any omissions or discrepancies.
Respectfully submitted,
Lois Kinney
cc: Board of Selectmen
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Meeting Minutes
April 20, 2004
Present: Chairman Wayne Church, Members Donna Chrostowski, Larry Ouellette, Peggy Adler, Tom Terribile
Meeting called to order 7:05.
1. Recognition of Guests
No guests.
2. Correspondence
a. Job Description from Town of Portland of an Assistant Town Planner (present vacancy or new position); Commission discussed certification standards used CAZEO and Church noted he had researched the AICP, or American Institute of Certified Planners. Adler asked if the state had any licensing requirements. Church replied that he could find no such requirements.
b. Handouts of Consideration List and Task Plan
3. Town Planner
Church stated that Old Saybrook has no entry in their charter or ordinance for their recently hired town planner. Terribile commented that the reason for putting a position in the charter makes it more permanent. Church will contact Bill Peace of Old Saybrook this week for comments. Adler will create a paragraph creating the position of town planner with AICP certification for next meeting, so that the members can discuss and vote on its inclusion into the revision draft.
Ouellette entered at 7:10.
4. Contributions to Town-aided agencies: A lengthy discussion of the topic included the requesting a full line item breakdown of expenses by several town-aided agencies. While it was not made clear what constitutes a public agency, it was pointed out that at least two, the Library and Fire Dept., receive most of their funding from the Town, a total of almost $750,000 combined. Terribile commented that perhaps a proper accounting already exists that is available for review, and the Commission should request input from the Board of Finance on this topic to gauge their concern. While the Commission agreed that accountability is important, it was also noted that all the other departments in Town have open books and are carefully scrutinized to optimize fiscal responsibility. Ouellette noted that he had some privacy concerns. He read from the public statutes Section 1-210 according to Freedom of Information Act, access to public records is allowable, but Adler pointed out that these two agencies are trusts. She further noted it may be time to make them town agencies. Adler stated that in the mid-90's she did an extensive study of the Library's expenses and documented differences in the reports to the Town and to the State at that time. Church noted that Madison's charter states a figure of $2,000 or above as a starting point for fiscal review. Chrostowski inquired as to whether this is an annual review or part of the budgetary process. Terribile noted that the smaller agencies with mostly budgets of a few thousand to $25,000 would experience a hardship should a full accounting by a CPA be made necessary. Church will write a memo to the Board of Finance for input, Ouellette pointing out to ask what would be the reporting documents. Church will include the section of the Madison charter in the memo. Also included will be a request for input on the dollar amount that would require a town meeting for an appropriation, and the dollar value of work requiring a bid process, under review by the Commission.
5. Items still under consideration: Thirteen items remain. Each topic was briefly discussed, along with a time line of the schedule to review such considerations. Action taken:
a. Removal Clause to include felonies: Church will follow up on a letter sent to town counsel.
b. Rededication of land or buildings: Church will find example in another town's charter; Ouellette pointed out town charter now only mentions purchase, sale or lease of property needs a town meeting vote.
c. Retirement Board: Church will inquire to the First Selectman and/or Director of Finance for clarification. Old Saybrook has a board to review retirement and benefit issues.
d. Municipal Flood and Erosion Control Board: Church will get more information as to the purpose of this board from the First Selectman.
e. May 4th meeting: finalize Public Works Commission authority
f. 4-year term First Selectmen: Chrostowski noted the majority of the Commission feels two years is a reflection of the town's sentiments, so this item dropped from list.
g. Tree Committee: Ouellette presented reasons to create a full commission or board, indication long term goals, inter-agency requirements (DPW and P & Z) for functioning, educating public, and protecting town trees from irresponsible removal, review land use applications etc. He stated that making this committee into a board or commission solidifies its permanency and provides less exposure to political vagaries. Ouellette will determine the number of members and terms, and Adler will add the responsibilities as already in an ordinance, to the revision for the next meeting. Group consensus was to make it the Tree Commission.
h. Cooperative purchasing (volume discounts): Church will draft wording for next meeting based on Middletown's ordinance.
6. Commissioners' Comments: None.
7. Chair's Comments: Church will review all the above noted tasks as they stand in the revisions compiled by Adler the May 18th meeting. Church will prepare the agenda for the next meeting.
8. Approval of Minutes: Adler motioned to approve minutes from April 6th, Chrostowski seconded. Motion passed unanimously.
9. Adjourn: Adler motioned to adjourn at 8:40. Seconded by Ouellettte. Motion passed unanimously.
The above notes represent the writer's interpretation of discussions at the meeting. Those in attendance are expected to inform the writer of any omissions or discrepancies.
Respectfully submitted,
Lois Kinney
cc: Board of Selectmen
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Meeting Minutes
April 6, 2004
Present: Chairman Wayne Church, Members Donna Chrostowski, Larry Ouellette, Peggy Adler, Tom Terribile
Meeting called to order 7:04.
1. Recognition of Guests
No guests.
2. Correspondence
a. Memo from Director of Finance with attachments as requested by Church.
b. Copy of ordinance for cooperative purchasing from Middletown
3. Town Planner
Church stated that at the March 2nd meeting, the guests who spoke from various departments, boards and commissions were all in favor of having a Town Planner. Church asked for discussion and stated the goal of the Commission was to formulate a motion to address the issue, listing what was desired to be included into the charter revisions. He mentioned possibility of using other descriptions of positions in the charter as a template, with terms such as qualifications, peer professionals, search committees, and hiring protocol. Adler questioned whether the recommendation, if approved by the Board of Selectmen, would go on the ballot and then go to the Board of Finance. Terribile indicated yes. Terribile read from the Guilford charter with regard to their planner, which was listed as such:
4-5. Planning and Zoning Commission
(b) Notwithstanding the provisions of Section 3-4(a)(4), the Planning and Zoning
Commission shall employ (i) a Town Planner and (ii) a Planning and Zoning
Administrator, and may contract for technical services.
Adler made a motion the Town of Clinton should have a Town Planner and the position should be added to the Town Charter. Church seconded. Motion passed unanimously. After discussion, the Commission requested Church research the terminology associated with a certified or licensed Town Planner, its professional association and required credentials. Adler then commented her concern that with the substantial changes being proposed in this revision process, the ballot may be too long to include in this November's election. Church concurred. He requested the item be added to next meeting's agenda. The process of approval was reviewed by Adler for the Commission. She stated her concern the proper timing of public notices and hearings be carefully monitored to conform to statutes.
4. First Selectman election revision: Ouellette reviewed the position of the Democratic Town Committee, which was that they are not strongly opposed to the proposed change. Chrostowski indicated the input from the Republican Town Committee was that they are adamantly opposed to any change. After discussion, Terribile motioned to return to the previous language before any revision of this Commission. Ouellette seconded. Terribile, Church, Chrostowski and Ouellette in favor. Adler opposed. Motion passed.
Terribile motioned to adjourn 8:15.
5. Contributions to Town-aided agencies: Church requested the Commission members review the budgets as provide by Finance Dept. of the library, fire department and other general government expenses for the next meeting.
6. Commissioners' Comments: None.
7. Chair's Comments: None.
8. Items still under consideration: Church listed the items and requested members to choose from list for further research.
9. Approval of Minutes: Adler motioned to approve minutes from February 17th, Ouellette seconded. Church, Adler and Ouellette in favor, Terribile and Chrostowski abstained. Motion passed. Chrostowski motioned to approve minutes from March 2nd meeting, Ouellette seconded. Church, Ouellette and Chrostowski in favor, Terrible and Adler abstained. Motion passed.
10. Adjourn: Chrostowski motioned to adjourn at 8:19. Seconded by Terribile. Motion passed unanimously.
The above notes represent the writer's interpretation of discussions at the meeting. Those in attendance are expected to inform the writer of any omissions or discrepancies.
Respectfully submitted,
Lois Kinney
cc: Board of Selectmen
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Meeting Minutes
March 2, 2004
Present: Chairman Wayne Church, Members Donna Chrostowski and Larry Ouellette
Meeting called to order 7:09.
1. Recognition of Guests
Church welcomed all those present and thanked them for attending.
2. Town Planner
Each guest was asked to give testimony regarding the position of a Town Planner.
a. Arthur Isaacson, Board of Selectmen: He stated he feels the Town needs professional help, since most boards and commissions are made up of lay people. Because we have had the regional entity, CT River Estuary Regional Planning Agency (CRERPA), as our "planner" the planning process in Town has been neglected.
b. David Townsend, Design Advisory Board: A twenty year resident, Townsend stated the Town has important resources the people, its character and heritage. He commented that although astounding things are accomplished by volunteers, there is no entity in place to help all the boards and commissions to relay between them and refer them to other resources that may be available, so talented people disappear. He cited numerous examples of areas of need: Village District empowerment, Route 1 traffic, Senior Housing, Public Works, Train Station, and number one priority, Public Safety. He summed up by saying things seem to change or happen in town by occurrence, not by planning.
c. Carl Neri, Chairman Economic Development Commission: A sixty-five year resident, he commented that for the last ten years, he has been saying he believes the Town needs a planner. Although Clinton started as a community of farmers, where all those involved in town functions understood the needs of the community, now the Town is made up of all different backgrounds. While the average citizen volunteer sitting on a board or commission may need and be provided with legal advice by the Town, there is no corresponding technical advice available. This need is presently filled on an "as needed basis." He stated in the 1960's the Town had a planner who assisted in writing the first zoning regulations and attempted to improve the center of Town, but funds were limited and then the Town joined CRERPA. He commented that the key is to acquire grant monies, and when a professional advises boards and commissions, it gives those entities more teeth. This information then becomes more useful in gaining assistance from the state legislature representative. He further stated that perhaps if the Town chose to use the $25,000 that it pays to CRERPA each year towards a Town Planner, that other assistance may be acquired from university extension services etc. and our own needs and interests would be better served. He cautioned that change must be prudent and deliberate.
d. Bruce Langevin, V.P. Executive Board Chamber of Commerce: A thirty year resident, Langevin echoed the comments made by those before him, stating the Town has pockets of teams working diligently alone, but no one coordinating all the efforts so they can work more efficiently together.
e. Steve Simoncini, Secretary, Planning & Zoning Commission: A thirty-six year resident, he stated most of business P & Z attends to is zoning, and a town planner would absolutely improve the town. CRERPA uses a regional approach, and the interests of the Town are not its top priority.
f. Lois Kinney, former Chairman of EDC: A seventeen year resident, Kinney offered data and statistics compiled from the State of CT Office of Policy and Management 2002 regarding towns with planners and the population census from 2000. Using these documents, she indicated that of the 169 towns in CT:
1. Town Planners 54
2. City Planners 8
3. Director of Planning or Planning Director 14
4. Director of Community Development
Community Development Director
Director of Planning & Economic Development
Director of Development Services 17
5. Town Planner/Engineer 1
6. Planning Consultant 3
Total 97
Furthermore, Kinney stated that:
§ towns with populations between 11,000 and 16,000 equal 15 [13 have planners]
§ towns with less than 11,000 with planners equal 28
§ of those 28 towns with less than 11.000, those with less than 5,000 [10 have planners]
§ Smallest town in group of less than 5,000 with planner is Franklin, pop. 1800
She stated that the 2000 Town Plan of Conservation and Development, adopted by the Town in 2001, and written in conjunction with CRERPA, states in three separate instances the need for the town "to provide adequate staffing", that the town would "benefit from the services of a staff land use planner who would also serve to coordinate the review and enforcement process.should be a professional with the necessary skills and experience to implement the recommendations of this Plan" and "Shaping future land use decisions requires adequate land use staffing and a willingness to financially support professional help for volunteer boards and commissions." Lastly, she stated of the 52 recommended actions in the 2000 Plan, 25 require joint action, but that no vehicle is presently available to accommodate such action.
Church opened discussion to the group with a question about what qualifications and methods of hiring might be recommended. Isaacson pointed out some funds may now exist to offset cost of hiring through an ordinance P & Z created last year requiring developers to pay cost of hiring specialist upon application. He further stated that of the approximately $23,000 paid to CRERPA , the Town receives in kind services of $.25 on the dollar, or $5,000. He stated that the issue of CRERPA vs. hiring a professional planner is a separate question. Mention was made of the impending probability of waste remediation and the importance of advance planning to assist Town's long term vision. A discussion ensued involving several related issues with many ideas offered forth by the guests and commission members. Isaacson explained the functions of the newly formed EOC, or Expenditure Oversight Committee. Church questioned the guests regarding the relationship of a planner to a town engineer. He thanked all for attending.
3. Correspondence
a. Letter from Lt. William Chapman dated March 2, 2004 to Commission, commenting on the need for a Town Planner and recommending the position be included in town government to help acquire state and federal grant monies for various town agencies, and other issues needing strategies, i.e. traffic, long term planning, open space etc.
b. Letter from Town Clerk Karen Marsden to Commission dated March 1, 2004 explaining her request and recommendation to eliminate all vacancies and constables from ballot in an effort to hold ballot slots to 30.
4. First Selectman election revision: Chair tabled item to next meeting.
5. Town Constable Election: Item resolved.
6. Erosion Control Board: Added to consideration list.
7. Contributions to Town-aided agencies: Church will pursue information from Finance Director regarding list of agencies, with a written follow-up if necessary.
8. Commissioners' Comments: None.
9. Chair's Comments: Church noted member Adler had wanted to be present to hear testimony regarding Town Planner position, and she had asked him to indicate her approval of said position. He also said he is still pursuing information regarding state bid volume discounts, as per discussions with DPW Director Vaillette.
10. Items still under consideration: Church tabled item to next meeting.
11. Approval of Minutes: Ouellette suggested table to next meeting for approval.
12. Adjourn: Chrostowski motioned to adjourn at 8:50. Seconded by Ouellette. Motion passed unanimously.
The above notes represent the writer's interpretation of discussions at the meeting. Those in attendance are expected to inform the writer of any omissions or discrepancies.
Respectfully submitted,
Lois Kinney
cc: Board of Selectmen
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Meeting Minutes
February 17, 2004
Present: Chairman Wayne Church, Members Peggy Adler and Larry Ouellette
Meeting called to order 7:10.
Church noted that Lois Kinney would serve as Clerk in place of Hank Stein.
Approval of Minutes
Minutes of last meeting held February 3, 2004 should be amended as follows:
Under Old Business:
Motion #1 should say "Open Space Advisory Board".
Under New Business:
Item #2 Letters of invitation to be sent to Planning & Zoning, Economic Development and Lois Kinney regarding Town Planner input.
Item #4 should say "agreed to review a removal clause".
Item #12 Church has agreed to computerize an index from the final Charter after the Nov. 2, 2004 election.
Item #14 remove "decided that" and replace with "as previously decided".
Item #5 Audit not necessary as the Commission had agreed the audit provision part of CT state statutes
Adler made a motion to accept the minutes as corrected. Ouellette seconded. Church and Adler in favor, Ouellette abstaining.
Old Business
1. Church asked Ouellette to report on findings from the Democratic town committee regarding election of First Selectman item, that being that the losing candidate for First Selectman be eligible for a position on the Board of Selectmen. Ouellette reported that although the committee felt the town's voters should be allowed to elect each position separately, it might be difficult to field three candidates for the selectmen position instead of the present two candidates. Report from the Republican Town Committee will be given at the next meeting by Charter Study member Chrostowski.
2. Invitation to EDC, P & Z and Lois Kinney to speak on the Town Planner item. This will be taken under consideration at the March 2, 2004 meeting.
3. Church asked Ouellette to report on his findings regarding Constables as described in the state statutes. Ouellette reported that two sections apply 9-200 and 9-185. He summarized that towns may use section, one using an election basis and one an appointed basis, but towns must have constables. Their number and how they are voted into office needs further clarification, which Ouellette will pursue from Town Clerk. Ouellette pointed out that the Town's charter should be in compliance with the state statutes. It was noted that the need for constables has been reinforced by the point that sensitive papers can be served by locals to locals. Input from the Town Clerk on this issue related to the number of ballots on the voting machines and the possibility of the new machines having less ballot space. Ouellette will inquire to Town Clerk regarding the specific balloting considerations and the state statute wording. Ouellette made a motion to leave unchanged the constable position in the revised Charter. Adler seconded. Motion passed unanimously.
New Business
1. Letters from Town Counsel dated January 21, 2004 regarding grants and gifts and February 6, 2004 regarding removal clause will be tabled until the next meeting on March 2, 2004.
2. Erosion Control Board, created by state statute, and letter from McCusker regarding same with attachments of excerpts from same, and additionally town ordinance, will be included in next meeting's correspondence.
3. Removal clause tabled by Chair in lieu of Town Attorney's letter to be discussed at the next meeting.
4. Audit provision completed.
5. Town meeting for rededications tabled by Chair for a future meeting.
6. Town contributions. Church referred to the Town of Madison Code, p. 10, paragraph 5-5.G, which will be considered at the next meeting. A list of town-aided agencies will be obtained by Church from the Finance Department.
7. Retirement Board tabled by Chair for a future meeting.
8. Charter index will be provided digitally after the November 2, 2004 election.
9. Church indicated he will provide research on the ability of the Town to piggyback onto state bids for volume discounts in the future. He also indicated the Commission will compile a final list of items necessary to be discussed at the next meeting.
Ouellette reported on information gathered from the Tree Committee with regard to inclusion into the Charter as a board or commission. He noted their commitment to long term goals and their desire to maintain permanence in town operations. Church will obtain a copy of the ordinance which created the Tree Committee. Discussion centered on the possibility of expanding the purview of the Tree Committee, the need for the Charter to only include the structure of the Town and not its operations, and the difference between a committee created by ordinance and a fully sanctioned board or commission included in the Town Charter. It was decided that the Charter Study Commission have nothing to do with any expansion of the Tree Committee's role, and furthermore that if the tree committee wants an expansion of their role, this should be done via a revision of their ordinance which should include, if the Tree Committee goes in the charter, the length of term, the number of members and that they serve overlapping terms. Church requested Commission members to consider ways to enhance communication as part of the Charter. Church commented that the Commission may consider posting the Charter online at another website rather that the Chamber of Commerce's website, and indicated possibly using a site that Old Saybrook uses, www.generalcodes.com.
Adjourn
Adler motioned to adjourn at 8:50. Ouellette seconded. Motion passed unanimously.
Respectfully submitted,
Lois Kinney
February 19, 2004
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