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8/8/05 Charter Revision Commission Meeting Minutes
Minutes Of Charter Revision Commission
Meeting on August 8, 2005

A general meeting of the members of the Charter Revision Commission (hereinafter referred to as “The Commission”) was held on August 8, 2005 at 7:30 p.m. at Ridgefield Town Hall, Small Conference Room.
The following members were present: Robert Opotzner, Lynne-Marie Wieland, Jill O’Connor, Jan Rifkinson, Edward Tyrell, James Mele, Robert Kleinberg and Elizabeth Thompson.  Kevin Briody was absent.  The Chairman, Robert Opotzner, called the meeting to order at 7:30 p.m.
COMMENTS FROM VISITORS:
        A motion was made by Edward Tyrell to change the order of the Agenda so that comments from visitors would be the first item.  The motion was seconded by Lynne-Marie Wieland and unanimously carried.
        Susan Cocco of 326 Wilton Road, Ridgefield, Connecticut asked the Commission to address her concern that the Charter does not require a seated member of an elected or appointed board to notify the Board of Selectmen of a change of residence outside the Town. Also, there is not an established procedure to be followed when a nonresident board member refuses to resign.
        Rebecca Mucchetti, of 197 Farmingville Road, Ridgefield, Connecticut, a member of the former Charter Revision Commission appointed in 1999, asked this Commission to consider how violations of the charter should be handled.  At present there are no consequences for violations.
        David F. Ulmer, of 120 Prospect Street, Ridgefield, Connecticut asked the Commission not to change the current process of elected board members.  He believes the current elected positions under the current Charter should remain in effect. He favors elected board members in lieu of appointed.
        Mr. Ulmer also asked this Commission to address the issue of minority representation and in particular with regard to the Board of Finance. He believes it should be changed from one of five to two of five, the same as the Board of Selectmen.
        Robert Jewell and Rebecca Mucchetti informed the Commission of their experiences as prior members of the Charter Revision Commission.   Mr. Jewell indicated that they were not afforded much guidance and did not receive a charge until several months after being appointed.  They sent letters to various Boards and charged Commission members to address the Chairs about their concerns.
      Rebecca Mucchetti, informed the Commission of discussions about extending the term of the Selectman from two to four years. They felt more qualified candidates would be available due to the difficulty in taking a two-year leave to serve as Selectman. Robert Opotzner indicated that this Commission plans on addressing this topic. There was a general discussion on this topic, which was tabled for a future agenda.
        Jan Rifkinson questioned Robert Jewell and Rebecca Mucchetti on whether they had any suggestions on steps to be taken if our Charter Revision Report is not accepted.  Robert Opotzner added that we would be filing quarterly reports to keep the Town apprised.  A discussion developed as to whether or not the report could go to Referendum for approval if not accepted by the Board of Selectmen. Robert Jewell discussed the various time lines and the requirement that the Selectmen hold a public hearing regarding the report.  
        The amendments proposed in the 2001 Charter Revision Commission Report, which were passed, were mostly grammatical clarifications and the requirement that the Charter be professionally printed.
        Rebecca Mucchetti informed the Commission about the Connecticut Conference of Municipalities (“CCM”) for our use as a research tool in comparing other Connecticut towns to Ridgefield.
        Jan Rifkinson also inquired about what substantive issues the prior Commission addressed.  They had addressed the extension of the Selectman’s term to four years.  Robert Opotzner inquired as to whether any consideration was given about changing our current form of government.  The prior Commission did confer but felt such a recommendation would be a lengthy process more appropriately addressed by an independent commission.  
Lynn-Marie Wieland stated the ability to seek approval of our Commission Report by a Referendum if not accepted by the Selectmen.  Robert Kleinberg stated that the Board of Finance must approve a Referendum can be difficult to accomplish.  Edward Tyrell commented that we must issue a “draft report” before the Selectmen can hold a public hearing. A public hearing cannot be held on a “final report”.
There being no further comments from the visitors they left the meeting at 8:30 p.m.
JULY 11, 2005 MINUTES
Edward Tyrell motioned that the minutes of July 11, 2005 be approved.  Robert Opotzner suggested they be amended to reflect that the majority of the five towns surveyed as opposed to towns in Connecticut.  Edward Tyrell moved to approve the minutes, as amended, which was seconded by James Mele and unanimously carried.
CHAIRMAN’S REPORT
Robert Opotzner distributed a proposed amendment to Article IV of the Charter. (A copy is attached hereto and made a part hereof).  The amendment prohibits any person from holding more than one elected or appointed position at the same time. The members of the Commission reviewed and discussed the language but agreed additional time was needed for final approval.  Mr. Opotzner made a motion that we adopt as our procedure for any proposed amendment, that it first be accepted for review and voted on at the next meeting.  The motion was seconded by Lynn-Marie Wieland and unanimously carried.  Edward Tyrell then made a motion that we accept for review the proposed amendment drafted by Mr. Opotzner.  Jan Rifkinson seconded the motion and it was unanimously carried.  
Robert Opotzner
also distributed a proposed amendment to Article IV of the Charter regarding minority representation (A copy is attached hereto and made a part hereof). The amendment would change the maximum representation of one party of a five-member board from four to three. Edward Tyrell made a motion that we accept for review the proposed amendment concerning minority representation. Elizabeth Thompson seconded the motion and it was unanimously carried.
OLD BUSINESS
        Lynn-Marie Wieland reported that the Fire Department would be in attendance at the public hearing on September 12, 2005.  There was a brief discussion on whether or not our Town should have an appointed Emergency Commission. This topic was tabled for later discussion.
REPORT FROM JAMES MELE RE: TERM LIMITS
        James Mele reported the outcome of his research concerning term limits.  A summary of his research was distributed as well as a copy of the Connecticut General Statutes Section § 9-187. (Attached hereto and made apart hereof) Mr. Mele informed this Commission that all towns in Connecticut have a two-year term for the First Selectman or Mayor and a four-year term for other Boards. There was a general discussion about two vs. four-year terms.  James Mele reported that none of the various nearby towns researched have term limits. Robert Opotzner discussed the pros of having more experienced elected officials if the terms were extended but on the other hand there is difficulty in filling vacancies. Jan Rifkinson believes all elected officials should have term limits. The issue was tabled for further discussion at the October meeting.
        Robert Kleinberg believes a two-year term is favorable because it educates and confronts the public about the town’s major issues every two years.  He also commented that it has worked well for many, many, years.  He doesn’t believe the Town, despite comments from others, shuts down for six months due to an election.
        Robert Optozner commented that a change every two years of members of the Board of Selectmen alleviates Robert Kleinberg’s concern.
        Lynn-Marie Wieland agrees that a four-year term is a good idea and doesn’t believe there is a lot of bipartisan politics in town because we are an issue-driven town.
        Jan Rifkinson believes a four-year term would increase the quality of the candidates and provide continuity.
        Elizabeth Thompson believes staggered terms are helpful and Robert Opotzner commented that it provides checks and balances.
        Edward Tyrell commented that Robert Kleinberg’s argument is very persuasive
        Jill O’Connor agrees a four-year term is more favorable.
        Robert Opotzner suggested we publicize, prior to our next public hearing our intention to address this topic.
Robert Kleinberg distributed an Article he wrote which was published in the Ridgefield Press on March 8, 2001 regarding the Board of Finance. (A copy is attached hereto and made a part hereof).  He also distributed a March 15, 2001 editorial regarding ROSA and the Board of Finance. The Commission will review the materials for future discussion on the powers of the Board of Finance and what is required for a Referendum.
               A motion was made by Robert Opotzner to add a meeting to the current schedule to be held on September 26, 2005 at 7:30 p.m. The motion was seconded by Edward Tyrell and unanimously carried.  
        The next general meeting will be held after the public hearing on September 12, 2005.
The following suggestions were made for possible inclusions for the agenda:
1)      Discussion on the Outcome of Public Hearing
2)      Proposed Amendment to Article IV re: prohibition on holding more than one office
3)      Proposed Amendment to Article 4-6 re: Minority Representation.
There being no further business to come before the meeting, upon motion duly made by Robert Opotzner and seconded by Lynn-Marie Wieland and unanimously carried it was adjourned at 9:35 p.m.
                                           Submitted by:
                                          ___________________
                                           Jill H. O’Connor
                                           Secretary, Charter Revision Comm.
 
Attachments:                                       August 15, 2005
 
Proposed Amendment to Article IV, Paragraph  4-18

Proposed Amendment to Article IV, Paragraph 4-6
Research Re: Term lengths for various nearby towns
Copy of Connecticut General Statutes § 9-187
Board of Finance Article Published dated, March 8, 2001
Charter’s Uninvited Guest Editorial dated, March 15,2001

CC:     Office of the First Selectman,
        Town of Ridgefield


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