Common Council Committee of the Whole
To: Honorable Mayor Mark D. Boughton and members of the Common Council
Re: Minutes of the Common Council Committee of the Whole held on February 9, 2009
Council President Cavo called the Common Council Committee of the Whole to order at 8:40 PM.
The members were recorded as follows:
Louise P. McMahon, Shay Nagarsheth, Michael Halas, Charles Trombetta, Michael Calandrino, Duane E. Perkins, Fred Visconti, Benjamin Chianese, John J. Esposito, Thomas J. Saadi, Joseph M. Cavo, Paul T. Rotello, Jane Diggs, Mary Teicholz, Robert F. Arconti, Philip Curran, Warren M. Levy, Gregg Seabury and Colleen A. Stanley
Present: 19 Absent: 2 Councilmen Knapp and Riley were out of town on business.
1. Charter Revision Commission Report
Atty. Gottschalk, Asst. Corporation Counsel, provided some brief background information on the Charter Revision process. A draft document was before the Committee of the Whole for consideration. The Common Council is permitted fifteen (15) days to deliberate the proposed revisions and make recommendations to the Commission. The Commission will confer with the Council concerning the recommendations and within thirty (30) days the Commission must issue the final report. The Council then is permitted fifteen (15) additional days to accept or divide portions out for voting purposes at referendum. Councilman Saadi called a point of order regarding the commencement of the fifteen (15) day period for the Council’s deliberation. After discussion, a short recess was called at 8:50PM.
The meeting reconvened at 9:01PM. Atty. Gottschalk suggested fifteen (15) days to recommended revision changes, that the Council confer with the Commission and the final report be presented to the Council in thirty (30) days. He also advised that Council members could attend the Commission meetings in order to issue the Commission’s final report prior to the March Common Council meeting. Discussion followed. After the final report is issued, a vote to accept or reject items in the report must be taken and the Council must decide the process and timetable for presentation to the voters within the permitted 15 month period.
Discussion followed regarding procedural issues for debate and discussion of proposed charter revisions. President Cavo ruled that each proposed revision would be discussed in its entirety in order to provide an opportunity for full debate and discussion of each proposal.
Terms of Office: Councilman Perkins moved to retain terms of office at the current two (2) year terms, seconded by Councilman Chianese. Discussion followed regarding the continuation of two (2) year terms of office, referenda outside of the election cycles, splitting the item out to allow the public the opportunity to vote on the issue as a separate item. Charter Commission Chairman Carlo Marano provided brief background information regarding the proposed revision.
A roll call vote was taken as follows: Trombetta, Calandrino, Perkins, Visconti, Chianese, Esposito, Saadi, Rotello, Diggs, Teicholz, Levy and Stanley voted in the affirmative. McMahon Nagarsheth, Halas, Cavo, Arconti Curran and Seabury voted in the negative. Motion passed 12/7.
City Clerk: Councilman Saadi moved to recommend to the Charter Commission to change the title of the City Clerk to Legislative Assistant with appointment by the Council president, the administering of a civil service exam and that the staff member cannot be removed except for cause and to maintain Section3 -3, seconded by Councilman Rotello. Discussion followed regarding union issues, remaining a Mayoral appointed position and retaining the position as an elected official vs. an appointment by the Mayor. A roll call vote was taken as follows: Perkins, Visconti, Chianese, Esposito, Saadi, Rotello, Diggs, and Levy voted in the affirmative. McMahon, Nagarsheth, Halas, Trombetta, Calandrino, Cavo, Teicholz, Arconti, Curran, Seabury and Stanley voted in the negative. Motion failed 11/8.
Councilwoman Teicholz left the meeting at 10:15PM due to illness.
Technical Changes: Councilman Chianese offered comments and made inquiries regarding Section 2-6, Vacancies, charter violations and recommended revisiting the item. Councilman Chianese moved to recommend to the Charter Revision Commission to revisit to determine a penalty for failure to comply with Section 2-6 to try to prevent any future violations, seconded by Councilman Saadi. Discussion followed regarding failure to fill the seat until the next election. A roll call vote was taken as follows: McMahon, Perkins, Visconti, Chianese, Esposito and Saadi voted in the affirmative. Nagarsheth, Halas, Trombetta, Calandrino, Cavo, Rotello, Diggs, Arconti, Curran, Levy and Seabury voted in the affirmative. Motion failed 12/6.
Councilman Levy moved to recommend to the Charter Revision Commission to revisit the issue of replacement of council members and vacancies, seconded by Councilman Rotello. Motion passed by unanimous vote.
Public Speaking: Councilman Saadi moved to recommend to the Charter Commission to remove “authorized representative” and maintain Section 3-4 as it stands in the current Charter, seconded by Councilman Rotello. Discussion followed regarding extending some latitude for representatives to speak under specific circumstances as determined by the Chair. Motion passed by unanimous vote.
Municipal Donations: Councilman Chianese moved to recommend to the Charter Revision Committee that any donation of $1,000 aggregated annually has to come back to the Council for acceptance, seconded by Councilman Rotello. Discussion followed regarding recognition of donors at Council meetings. Motion passed by unanimous vote.
Administrative/Departmental-Titles Updated: Councilman Chianese moved to recommend to the Charter Commission changing the title of Administrative Assistant to Chief of Staff, seconded by Councilman Rotello. Mayor Boughton provided background information regarding the duties of the position. Motion passed by unanimous vote.
Emergency Appropriations: Discussion ensued regarding clarification of “emergency” and establishing a cap. Atty. Gottschalk advised that the Council will weigh-in on what constitutes an emergency. The intent is to codify vague language in the current Charter. Mr. Marano recommended referring the item back to the Charter Revision Commission if the Committee of the Whole would like further clarification of the item. After further discussion, no action was taken.
Public Improvement Assessments-Expanded to Include Roads: Councilman Rotello moved to recommend to the Charter Revision Commission to remove Section 7-8, seconded by Councilman Perkins. Discussion followed regarding Public Works improvements, assessment of improvements, which provide benefits to property owners and the need for the section in the Charter. Atty. Gottschalk clarified that the intent was to clarify current Charter language. McMahon, Nagarsheth, Halas, Trombetta, Calandrino, Perkins, Chianese, Esposito, Saadi, Rotello, Diggs, Arconti, Curran, Levy, Seabury, Stanley voted in the affirmative. Councilmen Visconti and Cavo voted in the negative. Motion passed 16/2.
Borrowing: Councilman Seabury moved to recommend referral of the item back to the Charter Revision Commission, seconded by Councilman Perkins. McMahon, Nagarsheth, Halas, Trombetta, Calandrino Perkins, Visconti, Chianese, Esposito, Saadi, Cavo, Rotello, Diggs, Arconti, Levy, Seabury, Stanley voted in the affirmative. Councilman Curran voted in the negative. Motion passed 17/1
As there was no further business to come before the Committee of the Whole,
Councilman Seabury moved to adjourn at 11:00PM, seconded by Councilman Saadi. Motion passed by unanimous vote.
Respectfully submitted,
Dorathea A. Gulya-StasnyRecording Secretary
AttestJoseph CavoPresident