The Wethersfield Charter Revision Commission held a meeting on May 4, 2004, in the Human Services 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:
| Chairperson | Geraldine Munroe |
|---|---|
| Commission Member(s) | Daniel Camilliere, Dorcas McHugh, Gerri Roberts and Leigh Standish |
| Intern | Rick LeBorious |
| Recording Secretary | Chantel Teti |
The following individual(s) were absent:
| Vice Chair | Christopher Healy |
|---|
Agenda Item #2: Adoption of the March 2, 2004 Charter Revision Commission Meeting Minutes
Commission Member Roberts motioned to adopt the minutes from the March 2, 2004 Charter Revision Commission Meeting. Commission Member McHugh seconded. The motion to adopt the minutes passed unanimously.
Agenda Item #3: General Comments from the Public
Robert Young, 20 Coppermill Road
Mr. Young read his prepared comments, following, to the Commission.
Robert Young
20 Coppermill Road
Wethersfield. CT 06019
April 6, 2004Wethersfield Charter Revision Commission
Town of Wethersfield
505 Silas Deane Highway
Wethersfield, CT 06109Dear Commissioners:
Right for citizens to call for Budget Referendum: At this time the Town Council of at least five out of nine individuals, can responsibility or irresponsibility set the spending levels for the town without any further oversight or public control. I feel the Town Charter should allow the Taxpayer's, Voters and Residents of the Town of Wethersfield to petition the Town Council to submit the proposed Town Budget to a town-wide-vote, by the citizens. Our Town Council is not elected on the laurels of their financial expertise rather on the level of popularity with the citizens and then, mostly by their own political party affiliates which is less than a majority of voters. We citizens know the level of pain, agony and financial hardships our neighbors and friends have had to endure and we at large, know what's best in determining our Town Budget.
Private Property Rights for the Citizens of Wethersfield: I am very concerned with the recent rulings from our State Supreme Court over the embattled citizens of Fort Trumbull area of New London , CT and how it relates to eminent domain and allows the taking of private property, for third party profiteering. To allow the unconditional government power, to compel a citizen to surrender his protective and attractive property to another citizen, who will use it predominately for his own private profit -"just because such an alternative private use is though to be preferable in the subjective notion of governmental authorities"--it's contradictory to our constitutional protections, whether they be cast in the fundamental fairness components of due process or in the prohibiting against the exercise of arbitrary power.
If property ownership is to remain what our forefathers intended it to be, if it is to remain a part of the liberty we cherish, the economic byproducts of a "private capitalist's ability" to develop your land or mine--- we cannot justify the surrender of ownership to eminent domain. If a governmental agency can decide property ownership solely upon its view of who would put that property to more productive or attractive use, the inalienable right to own, hold and enjoy property to the exclusion of others, will pass to a privileged few who, constitute society's elite. The rich may not inherit the earth, but they most assuredly will inherit the means to acquire any part if it they desire.
I believe we in Wethersfield live by a higher standard, we have regards and respect to our fellow citizens and this request is to put in our Charter "if property is to be taken by eminent domain the Town Council would be required to submit the proposal to a town-wide-vote, by the citizens".
Again, as stated above, our Town Council is not elected on the laurels for their planning and developmental or redevelopment expertise rather on the level of popularity with the citizens and then, mostly by their own political party affiliates which is less than a majority of voters. The end results of these two requests (Right for Citizens to call for Budget Referendum and Private Property Rights) are to take major decisions out of the hands of a few and allow the citizens at large to make these very important decisions.
Ethics Commission: Public official integrity has been rapidly on the down hill slide in the State of Connecticut and we citizens and this Charter Revision Commission need to develop standards and controls to reverse this slide. Our Ethics Commission should be designed to not only correct irresponsible behavior and wrongdoings by our officials (for example, placing a cell tower and commercial sports complex in residential neighborhoods, failure to take legal actions to prevent the dumping of raw sewage into the cove, are just a few), but should also include applying civil actions (for example, a recall or impeachment process) against those who cause any debilitating health or property value, to the Town or the citizens.
Public Comment at Town Meetings: When the Public is not a direct and integral part of an evaluation and review process, the nature of any organizational membership (Council, Boards, Commissions, etc.) tends to become autocratic. Until recently, the procedure or operational equation for Regular Town Council Agendas included 5-minutes of speaking time by members of the Public at the beginning and close of Meetings as well as 5-minutes on individual Agenda Hearing items.
Ignoring comments from the Public, this Council (2003-2005) produced a further imbalance to this operational equation by eliminating the 5-minute Public speaking time at the close of Meetings, stating: (a) Public comments were often repetitive and time consuming and (b) the Public had other opportunities to contact the Council on Agenda items, problems and issues (that is, via Town Web Site, e-mail and Mayoral hours, etc.).
Since the Council's contacts with the Public is confined by "Charter requirements" and since the Council (and its primary source of input, the Town Staff) does not have a monopoly on ideas and solution for Agenda Hearing items impacting the Community, the operational equation would become more balanced provided the Public participated directly with the Council in its discussion of Agenda items. As related to repetitiveness of Public speakers addressing Agenda Hearing items on "major items" (that are often few in number over a year's time), the operational equation could readily be modified to provide a two step process: (1) initially, when addressing an Agenda item, speakers-Public and Council and Staff--would be restricted to making a short, say, maximum 50-word statement-pro or con--that would be recorded on a pro-con viewgraph for all to see, with comments of subsequent speakers being restricted to the introduction of new points (pro or con) and (2) upon completion of an allocated submittal timeframe (that could be based upon number of citizens in attendance at a given Meeting), a motion based upon the submitted material would be made, with a review of the submitted material by the Council, culminating in a Council vote.
Voting Booth Options: Lastly, I would like to see Wethersfield require within the Charter that candidates running for elected positions be listed in alphabetic orders on the election machines rather than labeled and listed by political party affiliation. Additionally, I would like our citizens to also have a lever for, "none of the above". Some would argue that those who DO NOT vote are voting for none of the above. But then others would claim that's not true and that the non-voter's just could not make to the voting place! The need for good qualified individuals is important and not having that party designation or control I believe would net the Town a better selection of candidates and officials.
Thank you!
Commission Member McHugh addressed Mr. Young's comments, specifically regarding eminent domain criteria residing within state statutes. Voting booth options are governed by the state legislature.
Commission Member Roberts addressed the issue regarding the order of candidate names at the polls and noted that listings are based on the lottery system, not determined by the town.
George Ruhe, 956 Cloverdale Circle
Mr. Ruhe spoke on behalf of the WTXA as the Vice President.
In the past, concern was expressed regarding the makeup of the WCRC, specifically with regard to political and professional affiliations. On 3/12/04, the WTXA received a letter from Chairperson Munroe re: not filling a vacant position on the WCRC. It is felt this the action was inappropriate, that Chairperson Munroe exceeded her authority and the WTXA does not agree with the Chairperson's assessment. The WTXA was concerned with the resultant Town Council action tabling the issue of filling the position. The WTXA consulted and retained an attorney. The attorney's opinion is in disagreement with the Town Council. A press release was forwarded to the Town Manager and Town Officials. It's the WTXA and council's view, that by not filling the vacant position the voting balance of the committee has been upset, resulting in the organization of a new committee. The WTXA views the WCRC as an illegally conveniened committee. In light of this perception/assessment, the WTXA finds it not prudent or worthwhile trying to bring forth ideas for resolution.
Commission Member McHugh asked for the WTXA's definition of "voting balance". She noted that partisanship has never entered into consideration.
Agenda Item #4: Review of Wethersfield Town Charter - Chapter VII, VIII and IX
The following includes the original text from the 1994 Charter with any additions/deletions as voted upon by the Commission Members.
Chapter VII Financial ProvisionsSec 701 Fiscal Year
The fiscal year of the town shall begin the first day of July and end on the 30th day of June.
Sec 702 Department estimates
Not later than the first day of March, each department, office, board, commission and agency of the town, excepting the Board of Education, shall submit to the Manager, in such form as the Manager may prescribe, its estimates of receipts and expenditures for the ensuing fiscal year. Each such department, office, board, commission and agency shall be entitled to an opportunity to be heard by the Manager in respect of these estimates.
Sec 703 Annual town budget
It shall be the duty of the Manager to present to the Council, not later than the first second Monday in April in each year, the budget for the ensuing fiscal year. The budget shall contain:
The estimates of receipts shall be detailed by sources and the estimates of expenditures by departments and the principal subdivisions thereof, offices, boards, commissions and agencies of the town, and shall show, for each such unit, the estimated expenditures, broken down by personal service, contractual service, materials and supplies, fixed charges and capital outlays. The budget shall also contain, in parallel columns, the receipts and expenditures for each item for the last completed fiscal year; the estimated receipts and expenditures for the current fiscal year; the estimated receipts and expenditures for the ensuing fiscal year, as presented to the Manager, in respect of the several departments, offices, boards, commissions and agencies; and the recommendations of the Manager, together with such other data as the Council may prescribe. The budget shall be printed or otherwise reproduced in a sufficient number of copies to furnish one (1) to each citizen who shall request the same and shall be available for such distribution not later than the third Monday in April.
Sec 704 School budget
The school budget shall contain a detailed estimate of expenditures deemed by the Board of Education to be necessary for the proper conduct of the public schools, the anticipated receipts from sources other than the property tax. and the amount required to be raised by taxation to balance the school budget. The budget shall also show, in parallel columns, an item by item comparison of the proposed budget with actual receipts and expenditures for the last completed fiscal year and the estimated receipts and expenditures for the current fiscal year. Not later than March 15, the Board of Education shall file its proposed budget for the ensuing year with the Town Clerk, and the Board of Education shall cause the same to be printed or otherwise reproduced so as to be available for distribution. The Council shall fix a time during the week following March 15 at which the Board of Education, or a committee thereof, shall bring before the Council, for discussion, its budget for the ensuing fiscal year. with the Manager's town budget, not later than the third Monday in April. In acting upon the school budget, the Council shall have authority only to determine the total amount to be appropriated, and the Board of Education shall have authority, in its discretion, to expend the total sum appropriated to it. in its discretion.
Sec 705 Budget hearing
There shall be a public hearing at 7:00 p.m. on the fourth Monday in April, at a place to be determined by the Council, at least five (5) days' notice of which shall be given by publication in at least one (1) two (2) newspapers which has have a general circulation in the town and the town clerk shall post in a conspicuous public place designated for the posting of public notices a copy of the notice, and shall make sufficient copies available to the general public. by posting on the town signpost. At such hearing, any resident citizen or property owner who desires it shall be entitled to be heard by the Council on the town and school budgets, and the hearing shall be recessed from day to day until all such persons have been heard.
Sec 706 Council action on budget
After the completion of the hearing and, in any event, by the 15th day in May, the Council shall complete its consideration of the town budget and adopt the same, with such modifications or amendments as it may deem necessary, and shall also determine the total appropriation for school purposes for the ensuing year, provided that the Council shall, in any event, fix the amount to be raised by taxes, for town and school purposes combined, so as to preserve a balanced relation between receipts and expenditures, including any surplus or deficit from the current fiscal year. The Council shall thereupon fix the rate of taxation on property at a point sufficient, in its judgment, to produce such amount.
Rick will rework timeframes to allow an additional week per Town Manager
Sec 707 Effect of adoption of town budget
The adoption of the town budget, as amended, shall be deemed to constitute the appropriation of each department or, when so indicated in the budget, a major subdivision thereof, office, board, commission and agency separately listed in the budget, of the sum estimated in the budget to be expended by each such unit, respectively.
Sec 708 Effect of appropriation
No money shall be expended or obligation for such expenditure incurred by any department, office, board, commission or agency of the town, except in accordance with an appropriation by the Council. No contract, work order, purchase order or other authorization to spend money by any department, office, board, commission or agency, except the Board of Education, shall be valid until there has been attached thereto the certificate of the Director of Finance that there is an unexpended and unencumbered balance of an appropriation applicable thereto, sufficient to meet the estimated cost thereof, provided that the Board of Education shall set up its own system of budgetary control. It shall further be the duty of the Director of Finance, after signing such certificate, to immediately encumber the appropriation in question with such estimated cost.
Sec 709 Transfer of appropriations.
The Council, on the recommendation of the Manager, may transfer the whole or any part of the unencumbered balance of any appropriation, except the appropriation to the Board of Education, to any other purpose for which the Council may legally appropriate money, provided that such a transfer may be made from a contingency account at any time or from other budget appropriations only in the last three (3) months of the fiscal year, or at the end of the fiscal year but in no case later than September 30, and that there shall be attached to the resolution making the transfer the certificate of the Manager that such transfer is necessary, with the reasons therefore.
Sec 710 Lapse of appropriations
Unencumbered appropriations shall lapse at the end of the fiscal year for which they were made, and any balance shall be credited to the general fund, provided that an appropriation for a capital outlay shall not lapse until the object for which the appropriation was made has been accomplished or no expenditure from or encumbrance of the appropriation has been made for three (3) consecutive fiscal years.
Sec 711 Special appropriations
The Council, on the recommendation of the Manager or the Board of Education, may, at any time, appropriate, subject to the limitations imposed in Chapter III of the Charter, any unappropriated and unencumbered surplus in the town treasury as may exist at the end of each fiscal year, provided that there shall be attached to the resolution making such appropriation the certificate of the Director of Finance that such a balance actually exists, free from encumbrance.
Sec 712 Purchasing
The Town Manager shall designate a person to act as the Purchasing agent for the Town. All supplies, materials and equipment required by all departments, offices, boards, commissions and agencies of the town, hereafter referred to in this chapter as "buying units," shall be purchased by the Purchasing Agent. The Board of Education and the Library Board, the latter only in respect to purchases of materials peculiar to libraries, shall be exceptions to the above; however, either body may elect to use the services of the Purchasing Agent. All purchases shall be made on requisition describing the kind and quantity of goods or services required, provided that it shall be the duty of the Purchasing Agent, prior to the annual bid, to request requisitions and of all buying units to prepare and deliver to the purchasing agent such requisitions covering their normal requirements for the year so that wholesale purchases may be made on behalf of the town. No requisition shall be honored unless it bears the certificate provided for in Section 708.
Sec 713 Purchasing procedure
Purchases shall be made under such rules and regulations as may be established, by ordinance, provided that if any purchase or contract for purchasing, including a continuing order or contract for the purchase of the same commodity over a period of time, involves the expenditure of twenty ten thousand dollars ($20,000) ($10,000) or more, the Purchasing Agent shall invite sealed bids or proposals, giving at least ten (10) days' public notice thereof, by at least one (1) publication in a newspaper which has a general circulation in the town, and the Council shall let the purchase or contract to the lowest qualified responsible bidder thereon or shall reject all such bids and proposals. All such sealed bids or proposals shall be opened publicly.
It shall not be necessary to call for sealed bids for the following supplies, materials, equipment, goods, services, commodities or construction:
Awards for items in (b) and (c) above shall be made by the Council if the amount of the contract exceeds twenty ten thousand dollars ($20,000) ($10,000).
No transaction essentially a unit shall be divided for the purpose of evading the provisions of this section. Records of all bids, formal and informal, and of the successful bidder shall be kept in the office of the Purchasing Agent, where they shall be open to public inspection.
Sec 714 Contracts for public works
Contracts for the construction of streets, sewers, buildings and other public works shall be made under such rules and regulations as may be established, by ordinance, provided that if any such contract involves the expenditure of twenty five thousand dollars ($20,000) ($5,000.) or more, the Purchasing Agent shall invite sealed bids or proposals, giving at least ten (10) days' public notice thereof by at least one (1) publication in a newspaper which has a general circulation in the town, and the Council shall let the purchase or contract to the lowest responsible bidder thereon or shall reject all such bids and proposals. All such sealed bids or proposals shall be opened publicly. No transaction essentially a unit shall be divided for the purpose of evading the provision of this section. Records of all bids and of the successful bidder shall be kept in the office of the Purchasing Agent, where they shall be open to public inspection.
Sec 715 Payment of claims
No payroll, bill or other claim against the town, except those of the Board of Education, shall be paid until the same has been audited for correctness and legality by the Director of Finance, and all payments shall be made by check, or wire transfer, (or other electronic transfer), drawn on a town bank account, authorized and signed or authorized by the Director of Finance and countersigned by the Town Treasurer, as provided in Section 502 of this Charter. All payrolls, bills or other claims against the Board of Education shall be audited as such Board may provide, and payments shall be made by check signed by the Chairperson or the Secretary of the Board of Education and countersigned by the Town Treasurer. To avoid unnecessary delay in the transaction of town business, the Manager shall designate a Deputy of the Director of Finance, and the Council shall appoint a Deputy of the Treasurer, each of whom, in lieu of the principal, may sign certificates, payrolls, bills, claims and checks.
Sec 716 Fees collected by town officers and employees
All fees collected by officers and employees of the town in their official capacities shall be paid into the town treasury, provided that this shall not apply to the fees of Constables or witness fees payable to police officers. Detailed receipts, records or reports must be maintained within each office and be available for auditing purposes.
Sec 717 Official bonds
The Manager, Director of Finance, Tax Collector, Treasurer, Town Accountant and such other officers and employees of the town as the Council may determine, by ordinance, shall file with the Town Clerk a surety bond or surety bonds in such amounts as may be designated in such ordinance, conditioned upon the faithful performance of their respective duties. The premiums of such bonds shall be paid by the town.
Sec 718 Penalties for violation of the provisions of this chapter
Any person who knowingly and intentionally makes or causes to be made any payment from town moneys in violation of the provisions of this chapter or who receives such a payment, shall be jointly and separately liable to the town for the full amount of such payment. Violation of any of the provisions of this chapter, by any officer or employee of the town, shall be grounds for removal.
Sec 719 Annual audit
The Council shall designate, annually, an independent public accountant or firm of independent public accountants, to audit the books and accounts of the town, including the Board of Education, as provided in the General Statutes.
Agenda Item #5: Miscellaneous
Agenda Item #6: Adjournment
Chairperson Munroe motioned to adjourn. The meeting adjourned at 9:25.
Respectfully submitted,
Dorcas McHugh
Secretary
Approved as submitted May 18, 2004