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HomeMy Public PortalAbout07-19-2011 Charter Commission MinutesCommissioners: Mark S. Sideris, Chair Stephen P. Corbett Michael Donham John A. Donohue Dennis J. Duff Susan G. Falkoff Anthony Palomba Rhiana Kohl Angeline B. Kounelis Cecilia Lenk Pamela Piantedosi Vincent J. Piccirilli, Jr. John J. Lawn, Jr. David Siegel Athelia Tilson Charter Commission Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6470 DRAFT MINUTES CHARTER COMMISSION MEETING TUESDAY, JULY 19, 2011 @ 6:30 PM RICHARD E. MASTRANGELO COUNCIL CHAMBER ADMINISTRATION BUILDING 1. Roll Call: The last meeting of the Charter Commission was called to order at 6:30 pm in the Richard E. Mastrangelo Council Chamber, Administration Building. Present for the meeting were Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris. Commissioners Duff, Piantedosi and Lawn arrived after the call of the roll. Also present were the Clerk Valerie Papas and Attorney Lauren Goldberg. 2. Acceptance of Minutes: April 251}'. Commissioner Donham moved the minutes as amended, seconded by Commissioner Corbett and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. 3. Vote on Charter Amendments. Attorney Goldberg reviewed the procedure the Council will follow once amendments are adopted. She reiterated that the adopted amendments must be forwarded to the Attorney General no later than August 8th in order to be placed on the November 8th ballot. Article 1: Attorney Goldberg reviewed and explained the revisions in Article 1. Commissioner Piccirilli moved to accept the amendments, seconded by Commissioner Kounelis and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 2: Attorney Goldberg reviewed and explained the revisions in Article 2. Councilor Falkoff spoke in support of special meeting notices being sent by electronic means to reflect how notices are being sent currently. Commissioner Piccirilli noted that the word "delivered" is fine; don't make it complicated. Attorney Goldberg indicated that under c (ii) the words "at their residential address" can be deleted. Commissioner Kounelis noted that the Council Rules addresses this point. The Chair read Council Rule 2.6. After further discussion, Attorney Goldberg suggested: "written notice delivered to 1 each member". Commissioner Donahue moved the revision, seconded by Commissioner Donham and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 3: Attorney Goldberg reviewed and explained the revisions in Article 3. Commissioner Donohue moved to accept the revisions, seconded by Commissioner Piccirilli and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 4: Attorney Goldberg reviewed and explained the revisions in Article 4. Commissioner Duff moved to accept the revisions, seconded by Commissioner Donham. Commissioner Piccirilli added a friendly amendment offered by Attorney Goldberg that "a vote of not less than 6 members", seconded by Commissioner Duff. Commissioner Kounelis asked if the Article is being voted on its entirety; the Chair stated yes. The motion as amended was adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative with Commissioner Kounelis voting no. Article 5: Attorney Goldberg reviewed and explained the revisions in Article 5. Commissioner Donham moved the revisions in Article 5, seconded by Commissioner Piccirilli and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 6: Attorney Goldberg reviewed the revisions in Article 6. Commissioner Donohue moved the revisions, seconded by Commissioner Duff and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 7: Attorney Goldberg reviewed and explained the revisions in Article 7. Commissioner Lawn moved the revisions, seconded by Commissioner Duff and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Article 8: Attorney Goldberg reviewed and explained the revisions in Article 8. Commissioner Tilson reiterated her concern that the felony conviction clause will now become a stiffer provision. There was a discussion regarding Council action on citizen petitions. Attorney Goldberg proposed a further revision indicating that citizens would not be able to file a petition on any action taken under article 8-11 c, page 49. Commissioner Falkoff moved to allow Attorney Goldberg to change the language, seconded by Commissioner Donham and adopted by voice vote with Commissioners 2 Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Commissioner Donham moved to accept revisions in Article 8, seconded by Commissioner Piccirilli with a friendly amendment to correct gender specific language in 8-6 e and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Commissioner Piantedosi is present. Article 9: Attorney Goldberg reviewed and explained revisions in Article 9. Commissioner Piccirilli raised questions regarding 9-6 (v) noting that the paragraph sounds like it is ignoring amendments already made by previous Charter Commissions and is going back to 1980. Attorney Goldberg indicated that the language in question is actual language taken from other sections and is what the Charter actually says. She questioned whether the Commission wants to continue to have a section 5 at all. Following further questions raised regarding this paragraph, Attorney Goldberg stated that she would like clarify if the Commission is keeping section 5 or deleting it and that she wants to reserve the right to review what the risks might be if the Commission was to remove it. Commissioner Donohue moved to remove section 5 and allow Attorney Goldberg to review the matter prior to a final vote of the Town Council, seconded by Commissioner Falkoff. Commissioner Palomba stated that he would like to allow the Town Council to amend the responsibilities and or composition of these committees. Attorney Goldberg indicated that the entities that are left under this section have very specific duties and unless there was something specific the Town Council would not want to make any changes without a process and that the duties and responsibilities are outlined in state law. Commissioner Piccirilli indicated that changes can be accomplished through a special act. Commissioner Falkoff called the Question. The motion on the floor to "remove section 5 completely contingent upon a final review by Attorney Goldberg" was adopted by a roll call vote of 11 in favor and 4 against, with Commissioners Corbett, Donham, Donohue, Falkoff, Kohl, Lenk, Piantedosi, Piccirilli, Lawn, Siegel and Sideris voting in favor and Commissioners Duff, Palomba, Kounelis, and Tilson voting against. Commissioner Piccirilli moved to adopt Article 9 as amended by the previous vote, seconded by Commissioner Donham and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Pamela Piantedosi, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative and Commissioner Duff voting against. Commissioner Piccirilli moved to recommend to the full Town Council that the Watertown Home Rule Charter as amended tonight be adopted, seconded by Commissioner Lawn and adopted by unanimous roll call vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., 3 Cecilia Lenk, Pamela Piantedosi, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative. Commissioner Donham thanked the Chair for running a smooth and highly efficient Charter Review Commission. Commissioner Duff concurred and further indicated that the Chair went above and beyond his duties in making this a fair and open process. 4. Adjournment: There being no further business to come before the Charter Commission, Commissioner Donohue moved to adjourn the meeting at 8:45 pm, seconded by Commissioner Duff and adopted by voice vote with Commissioners Stephen P. Corbett, Michael Donham, John A. Donohue, Dennis J. Duff, Susan G. Falkoff, Anthony Palomba, Rhiana Kohl, Angeline B. Kounelis, John J. Lawn, Jr., Cecilia Lenk, Pamela Piantedosi, Vincent J. Piccirilli, Jr., David Siegel, Athelia Tilson and Chair Mark S. Sideris voting in the affirmative.