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1989-04-05MINUTES Motion was made by Mrs. Kathryn Kearns, seconded by Mr. Richard Swanson and VOTED to approve the Minutes -of the meeting of ' the Charter Revision Commission on April 3, 1989 with the following changes, Pg. 1, include #6) Council has 10 days, following the adoption to vote. ALL IN FAVOR. Motion was made by Mrs. Kathryn Kearns, seconded by Mr. Richard Swanson and VOTED to approve the Minute's of the meeting of March 27, 1989 of the Charter Revision Commission. ALL IN FAVOR. DISCUSSION Mrs. Kathryn Kearns asked to go over section 2-3 of Chapter 2, 1 would like to clarify fy some of the work done on this section. I think that we should make comment that instead of eliminating the Executive Board section, we should incert Mayor and make another section for Council. We need this to be added in this election section. Section 2-3, Rewrite. Mr. Joseph Marks presented himself to the Charter Revision Commission, asking that they allow him time to make some suggestions that he felt would be of interest to the members. He stated that he has 38 years of experience in Town Government after working for the City of Meriden as the Director of the Public Works dept. Mr. Marks.told the Commission that he felt that a 7 member council was adequate. ' Mr. Marks asked to discuss the Water and Sewer divisions of the Town. The town has grown to the point where I feel that we should be looking at a public utilities commission, or the establishment of one to over see the Water and Sewer division. I would like to see thecombiningof the seperate water districts into one dept. or division -I realize that this will be a very difficult thing to do, they are dedicated and they work hard, but in the best interdst of the town it would be good to combine. This would also make the system much more effective. The director of Public Works has too many hats to wear. He has his hands full. This is too much for one man or it will be too much in the future. MINUTES mmC-1 iial NXiPeN:;,,, eMMU, 1':.;;: A 11 1); 1111111' X Commission Me ting of pril 5, 1989 Regular MEW MEMBERS PRESENT: Mr., John Gerdis, Chairman Mrs. Xathryn Kearns Mr. Richard Swanson Mr. Paul Eshoo Mr. Robert Weiss Mr. John Pajor MEMBERS ABSENT: Mr. Frank Dobeck Jr. OTHERS PRESENT: . Mrs. Joanne G. Ward, Town Clerk of..Berlin.: Mr. Joseph Marks, resident, 400 Park Road, Kensington. The Meeting was called to order at 7:30 P.M. by Chairman Gerdis MINUTES Motion was made by Mrs. Kathryn Kearns, seconded by Mr. Richard Swanson and VOTED to approve the Minutes -of the meeting of ' the Charter Revision Commission on April 3, 1989 with the following changes, Pg. 1, include #6) Council has 10 days, following the adoption to vote. ALL IN FAVOR. Motion was made by Mrs. Kathryn Kearns, seconded by Mr. Richard Swanson and VOTED to approve the Minute's of the meeting of March 27, 1989 of the Charter Revision Commission. ALL IN FAVOR. DISCUSSION Mrs. Kathryn Kearns asked to go over section 2-3 of Chapter 2, 1 would like to clarify fy some of the work done on this section. I think that we should make comment that instead of eliminating the Executive Board section, we should incert Mayor and make another section for Council. We need this to be added in this election section. Section 2-3, Rewrite. Mr. Joseph Marks presented himself to the Charter Revision Commission, asking that they allow him time to make some suggestions that he felt would be of interest to the members. He stated that he has 38 years of experience in Town Government after working for the City of Meriden as the Director of the Public Works dept. Mr. Marks.told the Commission that he felt that a 7 member council was adequate. ' Mr. Marks asked to discuss the Water and Sewer divisions of the Town. The town has grown to the point where I feel that we should be looking at a public utilities commission, or the establishment of one to over see the Water and Sewer division. I would like to see thecombiningof the seperate water districts into one dept. or division -I realize that this will be a very difficult thing to do, they are dedicated and they work hard, but in the best interdst of the town it would be good to combine. This would also make the system much more effective. The director of Public Works has too many hats to wear. He has his hands full. This is too much for one man or it will be too much in the future. Charter Revision Commission Meeting of'April.5,' 1989 -2- I think that the town would be better off in the future if we were to have a Water Managerto oversee the progress and prodects. He could see that the zoning is up with the fire codes. This is' -_not the case -in many areas of town, one being,the Chamberlain Hwy. We do not have the adequate equipment to fight the large building fires. If we want large industry in town, then this should be corrected. All it would take would be one bad fire to scare.theothers away. I would also recommend the establishment of an Flood and Erosion board or commission. This could be served by the Inland Wetlands and watercourse commission. This commission is necessary if the town'is to receive.special grants for flood control projects. We should be looking at a -long range plan for the Seb ' eth river. Sooner or later we are going to face reality - that the river needs dredging and cleaning and periodic maintenance. We would save ourselves a lot of money by taking proper measures now to ensure that,the overflowing doesnotoccur and create damagg—It costs a' -lot of money to save a town. .Water-pollut-ion,co.ntral.:.-authority. Thete has to be some more regulatory commission to oversee the Water and Sewer. The Town of Berlin' has acted ill6galy_--.a number of years—The special assessments are using the property tax to support the Water and -Sewer Commission. They are using the property -tax to support the sewer authority..3 or 4 years ago at a public,hearing they werereque'sting 5 or 6 hundred thousand dollars for principal and interest for the Sewer authorities. Section 7-249, 50,51, etc. of the,Conn. general statutes are -very explicit . It states that there will be no special assessment of special-,.benefit.-.i---.1i,.:-..-- What this means is that a person without.a --.;town sewer is paying for a benefit that he is not receiving. The budget allocates a sum of money to pay the principal and interest on the bonds for sewer improvement. This is coming out of general taxation. The people who.do not have sewers, which is approximately 65%, their property tax is being used to pay the sewer bill. The reason for the difference in other towns is because the are paying the debt service:withl-.�the-juser charge which is what the law allows. The Federal'law.states that the town must sign an agreement that it will support, it -Is sewer authority with the user,charge, unless you go through a special procedure, like Chicago or New York, where there is 100% sewer. If you are part sewer and part not, you.can not use property tax to support this—The law is fair,when is says that the user pays the benefit. If someone were to take this out of context, we would have a good program for 60 minutes. I am not the person to do this, I just want to bring it to your attention that changes are needed.We need a Town Government -Will uphold the law. ' I sincerely hope that the mm Coission will look into these items for the betterment of the Town of Berlin. Mr. Marks ended his statement by saying that the Charter Revision Commissior is a fine group of dedicated people and that they are doing a fine job. DELIBERATIONS CONTINUED. The following changes were made by the Charter Revision Comm. to the, sections below.for consideration. Pg. #8, section 4-6, Boards and Commissions-G-eneral. a) The Mayor with approval of Council, shall have the power to appointr exoppt as otherwise specifically provided elsewhere in this charter, electors of the Town to fill all Vacancies arising within appointive boards, commissions or committees of the town during tdrms of office, all Charter Revision Commission Meeting•of.April 5, 1989 -3- in the manner, for the terms,and with powers and duties not inconsistent wi this charter. (b) With respect to all boards, commissions and committees whose members are appointed by the Mayor with approval of Council the Mayor_:_ ._ shall have removal power over said members as 14�A���l���� 2ozzt-oh. (c) The Mayor -with approval of Council shall have the power to remove any members from any board, commission or committee which has been appointed by the Mayor.with approval of Councilunder this charter or under any ordinance of the town in the event that the member shall miss three consecutive—meetings.—of the board, commission or committee, either regular or special, without justifiable cause. The Mayor with approval.of Council shall make the final.determination as to what.constitutes justifiable cause in considering such removal. (d) The Mayor with approval of Council is further empowered to remove for cause any said member defined in subsection (a) by Majority vote. Said member shall have an opportunity to he heard and may be accompanied by legal councel. (e) Upon the creation of a vacancy in the commission or committee by a removal of a member,under -the provisions of subsections (c) and (d)*of this section, the Mayor.with approval of Council shall then appoint a re- placement to fill the unexpired to m in the same manner as provided for in subsection (a) of this section (f.) Mein "', f all appo' z �e boad�, :commissions and committees, and5 memberb s of a1T el` c"five oar`T, � .,4a except th'e Board of'Tax ;review, board of assessors Jury G�zSmrit e'ir Marshals and . (-A-�'lflTiON WAS MAIE'�B1GIR. ROBERT WESEC"ONDED MR. RICH 'L a-_ T�f1�I�� AND VOTED TO DELETE_THE-EXECUTIVE BOARD AND REPLACE a l boards, commissions and committees, per state statutes. (h) Each board and commission in the town whether elective'or appointive shall cause to be filed by January thirty first of each year with the Town Clerk a schedule of regular meetings for the ensuing.year.'If no schedule is filed by January 31st, the.board.or commission failing to file may hold no. meetings until thiry dayso after a schedule. -of regular meetings has been filed. (i) all terms of members of appointive boards, -commissions and committees shall commence February first.. Se �atzi �7 Btzclgets fro bine 7, preceed�,rag ear t10 the Mayer - .a c. , which may no hearings, review a1 sa�dz udgets, and .,t n mit them to the 4 for �c�t ion as , prov .ded� { T,,n shag ter ' o f,. th� s , cl aprter (fib) Tlie town clerk, the t-�rea+surer, the tax coll�ec-tor,,, the assessor�s�;--� Lhe board of tax review, the .zoning boarrclof appeals:a=n= the Boardo}'F ed, dation, sha . submit— _their -reques,� s for approprzat` ones rectly to : s ayor Section 4-8, other powers, (a) The Council shall administer any gift of land or easements in land made to the -town and accepted by the - Council. Under section (b) change Executive Board to read, Town Council. Section 4-9, change executive Board to •-own council. Chapter._5, Appointive Offieers_and depts. Section 5-1. Change Executive Board to read ,s Yg �� Section 5-2, .Line .one,..change .Executive Board. to Town Council.--. Charter Revision Commission Meeting of April 5, 1989 -4- Under section 5-2, change all Executive Board wording to read, Mayor with approval of council. Section 5-3, Building dept. Line 1, (a), change executive Board to T. read Mayor.' -:Line 6, change Executive Board to read Mayor-, Line 8, change Executive Board to read, Mayor with approval of Council. Section 5-4, Dept. of Public Works. Line 13, change executive board to read Mayor -with approval of Council. Section (b), change executive board to read Mayor,with approval of Council. Section 5-5, Director of Health. Change all Executive Board's to read Mayor with approval of Council ed JSection 5- chap Pal -d� ffffnVTe —(T--'1'Ts-t--rine, - where Executive Boa-,,- .is. s d, ca--Dlay"Mith approval of Council. Section 5-7, civil preparedness title to be changed to read Office of Emergency Management'. All executive board's to be changed,to'.read.Mayor with approval'of Council.. Section 5-8,'Dog-warden to be changed to Cainine control. Executive Board should be changed to read mayorwithapproval of ' council and add to the end wheredt reads General Statutes, -( for 4 years.) - Section 5- - 9, Fire Dept. Change Executive Board to Mayor with approval of council No change to section 5-10, Public Health nursing. ADJOURN The meeting was adjourned at 9:40 -P.M. by.Chairman Gerdis. Respectfully Submitted, Mary-Ellen,Johnson, Secretary, Charter Revision Commissio: cc; Joanne G. Ward Mayor Peters Dep. Mayor McNair