CHARTER REVISION COMMISSION MEETING MINUTES
MARCH 2, 2004

The Wethersfield Charter Revision Commission held a meeting on March 2, 2004, in the Town Manager s Conference Room at the Town Hall. The meeting began at 7:00 p.m.

Agenda Item #1: Roll Call

The following individual(s) were present:

The following individual(s) were absent:

Agenda Item #2: Adoption of the January 28, 2004 Charter Revision Commission Meeting Minutes

Commission Member Standish motioned to adopt the minutes from the January 28, 2004 Charter Revision Commission Meeting. Commission Member Camilliere seconded. The motion to adopt the minutes passed unanimously.

Agenda Item #3: General Comments from the Public

George Ruhe, 956 Cloverdale Circle

George questioned where he could obtain hard copies of the minutes instead of downloading and printing from his home computer, specifically with regard to Section 311. He was informed that the copies could be obtained in the Town Clerk s office.

WTXA has strong feelings for the right to petition for a budget referendum. Based on the Town Council meeting WTXA feels too much money is being slated for Cottone Field and that the town/elected leadership is attempting to circumvent a referendum.

WTXA feels that the Town administration should have the ability to shut-off its citizens and muzzle them to prevent them from speaking. The WTXA feels this should be in the Charter.

Robert Young, 20 Coppermill Road

Robert expressed his desire for a right to petition for a budget referendum. Chairperson Munroe asked him to send his concerns in writing to the Commission s attention.

Agenda Item #4: Review of Wethersfield Town Charter Chapter V, Sections 502-513 and Chapter VI

The following includes the original text from the 1994 Charter with any additions/deletions as voted upon by the Commission Members.

Chapter V Officers and Boards

Sec 501 Town Clerk

The Town Clerk shall be appointed by and responsible to the , who shall be responsible to the Council, shall be appointed by the Council for an indefinite term. The Council shall consider knowledge of accepted administrative practices related to the duties of the Town Clerk when making its appointment. In addition to the powers and duties prescribed for Town Clerks by the General Statutes, the Clerk shall be the Clerk of the Council, keep a journal of its proceedings, which shall be a public record, and perform such other duties as may be assigned by the Charter or by action of the Council. The Clerk shall have and appoint such deputies, clerks and other assistants as the Council may determine, and as provided in the General Statutes.

Commission Member McHugh motioned to make the noted changes to Section 501. Commission Member Munroe seconded. The motion passed unanimously.

Sec 502 Town Treasurer

There shall be a Town Treasurer, appointed by the Council for an indefinite term. It shall be the duty of the Treasurer to receive and safely keep all moneys belonging to the town by depositing the same in a bank or banks to be selected by the Treasurer, with the approval of the Council. The Treasurer may invest, from time to time, in securities of the United States or time or demand deposits, with the approval of the Council, moneys of the town not needed for immediate expenditure, invest any trust funds of the town, for which other provision has not been made by the terms of the gift creating such fund, in securities legal for the investment of trust funds in Connecticut and shall keep such accounts as shall be prescribed by law or ordinance or by the orders of the Director of Finance approved by the Manager. No money shall be drawn from any town account, except by check countersigned by the Treasurer or Deputy Treasurer or Town Manager or by wire transfer authorized by the Director of Finance, and none of them shall affix a signature to any such check unless satisfied that the expenditure represented thereby has been legally incurred. The Deputy of the Treasurer authorized to countersign checks shall be appointed by the Council. In addition to the Deputy Treasurer provided for in Section 601, the Treasurer shall have such other assistants as the Council may determine, by ordinance.

Commission Member Roberts motioned to make the language correction to Section 502.

Sec 503 Town Attorney

There shall be a Town Attorney, who shall be appointed by the Council for a term of two (2) years from the third Monday in December of each odd-numbered year or until a successor is appointed. The Town Attorney position should be filled by a Request for Proposal (RFP) procedure. In the event of a vacancy, for whatever cause arising, in the office of the Town Attorney, the Council shall fill said vacancy for any remaining unexpired portion of the term. It shall be the duty of the Town Attorney to be the legal advisor of the Council, Manager and all departments, officers, boards, commissions and agencies of the town, to represent the town in all litigation in which the town or any department, officer, board, commission or agency thereof is a party, except as otherwise provided by the Council, and to prepare, on request of the Manager, the Council or any member thereof, ordinances and resolutions for consideration by that body. The Town Attorney shall have such clerical and other assistants as the Council may determine.

Commission Member McHugh motioned to make the noted changes to Section 503. Commission Member Roberts seconded. The motion passed unanimously.

Sec 504 Planning and Zoning Commission

There shall be a Planning and Zoning Commission, consisting of nine (9) regular members and three (3) alternate members appointed by the Council, which shall have all the powers and duties formerly conferred upon the Town Plan Commission and now or hereafter conferred upon such commissions by the General Statutes. The Council shall appoint, annually, three (3) regular members and one (1) alternate member of the Planning and Zoning Commission for terms of three (3) years commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. All members shall serve without compensation. The Planning and Zoning Commission shall have the authority to employ engineers, planners, consultants, draftsmen/women and other assistants, provided that they shall not obligate the town for an amount in excess of the appropriation made by the Council for the purpose.

Commission Member Roberts motioned to make the language correction to Section 504.

Sec 505 Zoning Board of Appeals

There shall be a Zoning Board of Appeals, consisting of five (5) regular members and three (3) alternate members appointed by the Council, which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. One (1) regular member shall be appointed each year for a term of five (5) years, and one (1) alternate member shall be appointed each year for a term of three (3) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. All members shall serve without compensation. The Zoning Board of Appeals may appoint such clerical assistants as the Council may determine.

Sec 506 Library Board

There shall be a Library Board of nine (9) directors, appointed by the Council, which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. Three (3) directors shall be appointed annually for terms of three (3) years commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. All directors shall serve without compensation.

Sec 507 Board of Assessment Appeals Board of Tax Review

There shall be a Board of Assessment Appeals Board of Tax Review, of three (3) members appointed by the Council, which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. One (1) member shall be appointed in each even-numbered year for a term of six (6) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. Members shall receive such per diem compensation as may be provided by ordinance.

Sec 508 Board of Building Appeals

There shall be a Board of Building Appeals, of five (5) regular members and three (3) alternate members, appointed by the Council. One (1) regular member of the Board shall be appointed, annually, for a term of five (5) years, commencing July 1 of the year of appointment, and one (1) alternate member of the Board shall be appointed, annually, for a term of three (3) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. It shall be the duty of the Board of Building Appeals to hear all appeals from the rulings of the Building Inspector in the enforcement of the Building Code of the town and to render its decisions approving, modifying or reversing such rulings. All members shall serve without compensation.

Sec 509 Housing Authority

The Housing Authority shall be appointed in the manner and to exercise the powers and duties prescribed by the General Statutes.

Sec 510 Parks and Recreation Board The Advisory Recreation and Parks Board

There shall be an advisory Parks and Recreation and Parks Board, appointed by the Council for terms of three (3) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by appointment by the Council for the unexpired portion of the term. The Advisory Parks and Recreation and Parks Board shall study the recreation and park facilities and program of the town and shall confer with and advise the Director of Parks and Recreation and Parks with respect to the development and use of the town's parks and its recreational program.

Sec 511 Constables and Selectmen/women

There shall be seven (7) Constables and a Board of Selectmen/women consisting of five (5) members who shall be appointed by the Council for terms of two (2) years commencing July 1 of the year of appointment, provided that terms of Constables and Selectmen/women initially appointed shall be from July 1, 1988 to June 30, 1990. No more than a simple bare majority of Constables and Selectmen/women shall be of the same political party. Any vacancies shall be filled by the Council for the unexpired portion of the term. Constables and Selectmen/women shall receive such compensation as provided by law. Constables shall have the powers and duties conferred on Constables by the General Statutes in respect to the execution of legal process. The Board of Selectmen/women shall have the powers and duties conferred on Selectmen/women by the General Statutes in respect to serving as the Board of Admissions of Electors.

Sec 512 Building Committee

The Council shall appoint an Advisory Building Committee for each capital improvement project for which a referendum is required and may appoint an Advisory Building Committee for capital improvement projects not requiring a referendum. Each committee so appointed shall consist of seven (7) members, each of whom shall have such expertise as the Council may deem necessary and appropriate. The Council shall establish the duties and obligations of each committee and the term for which such committee shall exist. The committee shall choose one (1) of its own members to serve as Chairman of such committee. All Building Committees shall have the authority to conduct public meetings, public hearings and such other powers as generally granted, by law or by Charter, to town committees or as may be specifically granted by the Council.

Sec 513 Boards and Commissions

There shall be such other boards and commissions organized in such manner as the Council shall determine, by ordinance. Unless otherwise provided by the General Statutes, all appointments to boards and commissions shall be made by the Council.

Chapter VI Administrative Departments

Sec 601 Department of Finance

There shall be a Department of Finance, consisting of the Director of Finance, the Tax Collector, the Assessor and such other employees as the Council may determine. In addition to other duties described below, the Director of Finance shall also have the powers of a Deputy Town Treasurer. It shall be the duty of the Director of Finance to install, maintain and operate for the town a modern municipal accounting system showing the current condition of all funds and appropriations; to file with the Manager and Council, monthly, on or before such day as the Council shall determine, a report of the financial transactions of the preceding month, showing the amount of each appropriation, the charges against and credits to the same, to the beginning of the preceding month; the charges and credits of the preceding month and the unencumbered balance therein at the end of such month; to prepare and file, with the Manager and Council, within one hundred twenty (120) days of the conclusion of each fiscal year, a report covering all financial transactions of the town for such fiscal year; to prescribe the form of accounts to be kept by each department, office, board, commission and agency of the town, except the Board of Education, and the times at which and manner in which moneys collected on the town's account, by any such department, officer, board, commission or agency, shall be paid into the town treasury; and to perform such other duties as may be prescribed by the Council, by ordinance, or by the orders of the Manager, consistent therewith (see Section 716). The Assessor and Tax Collector, respectively, shall have all the powers and duties conferred on Assessors and Boards of Assessors and on Tax Collectors by the General Statutes and such other duties as may be assigned them, by ordinance, or the directions of the Director of Finance.

Sec 602 Department Public of Safety

There shall be a Department of Safety, which shall consist of the Divisions of Police and Fire. The head of the Department of Safety shall be the Director of Safety, who, until the Council determines otherwise, shall be the Manager. The Director of Safety shall be the traffic authority, as defined in the General Statutes.

1. Division of Police. There shall be a Division of Police, consisting of the Chief of Police and such other officers and employees of such ranks and grades as the Council may determine. The Division of Police shall be responsible for the preservation of the public peace; prevention of crime; apprehension of criminals; regulation of traffic; protection of rights of persons and property; and enforcement of the laws of the state and the ordinances of the town and all rules and regulations made in accordance therewith. All members of the Division shall have the same powers and duties, with respect to the service of criminal process and enforcement of criminal laws, as are vested in police officers by General Statutes. The duties of the dog warden, as provided in the General Statutes, shall be assumed by the Division of Police. The Chief of Police shall be the executive officer of the Division of Police and shall assign all members of the Division to their respective posts, shifts, details and duties, shall be responsible for the care and custody of all property used by the Division and for the efficiency, discipline and good conduct of its members and shall make rules for the operation of the Division and the conduct of police work, subject to the approval of the Director of Safety. The violation of these rules by any member of the Division shall be punishable by appropriate disciplinary action, which may include loss of pay, suspension from duty and removal, provided that no member of the Division shall be suspended by the Chief for more than ten (10) days, without the approval of the Director of Safety, and no suspension for more than thirty (30) days or removal shall be made, except in accordance with the provisions of Chapter VIII of this Charter.
2. Division of Fire. It is the intent of this Charter that fire protection shall continue to be provided by the volunteer companies heretofore established, in the organization and conduct of which no change is contemplated. The town, however, by this Charter, reserves the right to establish or encourage the establishment of additional volunteer companies. There shall be a Fire Chief, who shall direct the operation of the fire companies at fires; institute and conduct suitable training programs for fire fighters, in cooperation with company officers; and perform such other duties as may be prescribed, by ordinance, or the orders of the Director of Safety. There shall be a Fire Marshal, who shall have all the powers and duties of fire marshals in towns, as provided in the General Statutes.

Sec 603 Department of Public Works

There shall be a Department of Public Works, consisting of the Director of Public Works, who, until the Council determines otherwise, shall be the Manager; the Town Engineer; the Building Inspector; the Tree Warden; and such other employees as the Council may determine. It shall be the duty of the Department of Public Works to maintain, repair, clean and remove snow from all public streets and ways; maintain and operate storm sewers and other drains; care for and maintain all town buildings, other than those in the jurisdiction of the Board of Education; prepare or supervise the preparation of plans and specifications for the construction or reconstruction of streets, sidewalks, curbs, gutters, storm sewers, drains, public buildings and other structures, but excluding school buildings, and construct or supervise the construction of the same, provided that nothing herein shall preclude the employment of engineers and architects on any such project or the appointment of citizen advisory committees on the construction of public buildings, school buildings and other structures or the use of the Department of Public Works thereon; care for parks, public grounds, including those in the jurisdiction of the Board of Education, by agreement with said Board, and grassed areas in streets, and plant and care for trees within the street line and perform all other duties of the Tree Warden; enforce the provisions of the Building Code, Zoning Ordinance EN and ordinances imposing on owners of property obligations to construct and maintain sidewalks, curbs, gutters, storm sewers and drains; and perform such other duties as may be prescribed by the Council, by ordinance or by the orders of the Manager in accordance with the Manager's powers. The powers and duties relating to the collection and disposal of garbage and refuse shall be exercised by the Council. The supervision of any contract entered into for the above purpose shall be a function of the Director of Public Works. If at any time a satisfactory contract for the collection and disposal of garbage and refuse cannot be made or, having been made, cannot be properly executed, the Council shall have power to provide for the collection and disposal of garbage and refuse by the Department of Public Works without affecting the right of the town to make charges for such collection and disposal.

Sec 604 Department of Parks and Recreation and Parks

There shall be a Department of Parks and Recreation and Parks, consisting of a Director of Parks and Recreation and Parks, and such other employees as the Council may determine. The Department of Parks and Recreation and Parks shall have charge of all parks, park and recreation properties and of all recreation activities of the town, except such as may be undertaken by the Board of Education, provided that the ordinary care and maintenance of park grounds and buildings shall be furnished by the Department of Public Works, as provided in Section 603. The Director of Parks and Recreation and Parks, with the approval of the Advisory Parks and Recreation and Parks Board (see Section 510), shall make rules for the use of parks, public grounds and recreation facilities consistent with the ordinances of the town and the statutes of the state, which shall have the force of law. It shall be the duty of the Police Division to enforce these rules, and, at the request of the Director of Recreation and Parks, any employee of the Department of Recreation and Parks may be appointed, by the Director of Safety, a special police officer with the same powers as a member of the Police Division but only for the purpose of protecting public property and preserving order within the parks and public grounds under the jurisdiction of the Department of Recreation and Parks.

Sec 605 Department of Health

There shall be a Department of Health, consisting of a Director of Health, possessing the qualifications required by law for directors of health, who shall have all the powers and duties of directors of health, as provided in the General Statutes, and such employees as the Council may determine by ordinance.

Commission Members felt we should eliminate this section or at minimum, have the Town Attorney revise language.

Sec 606 Department of Social and Youth Human Services

There shall be a Department of Social and Youth Human Services, consisting of a Director and such other employees as the Council may determine. The administration of all forms of human service activities shall be under the immediate direction of the Director, who shall have all the powers and duties relating to the well-being of all residents or persons conferred or imposed by law.

Sec 607 Other departments, divisions, offices and agencies

There shall be such other departments, divisions, offices and agencies organized in such manner as the Council shall determine by ordinance.

Agenda Item #5: Miscellaneous

Geraldine Munroe was informed that David Herold resigned from the Charter Revision Commission.

Chairperson Munroe distributed a memo she received from Mary Beth Maluccio regarding the Town election of a Mayor.

Discussion of Chapter VI was tabled to the following meeting, scheduled for March 16, to allow for the Town Manager to attend and address her specific concerns. Changes were, however, noted above to suggested department name changes.

Agenda Item #6: Adjournment

Chairperson Munroe motioned to adjourn. The meeting adjourned at 8:10.

Respectfully submitted,

Dorcas McHugh
Secretary

Approved as submitted May 4, 2004