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.