CITY OF MANCHESTER
Board of Mayor and Aldermen
April 5, 2011
The Board of Mayor and Aldermen met in regular session April 5, 2011 at 6:30 p.m. in the Boardroom of the Manchester City Hall. Mayor Superstein presided over the meeting. Present wereAlderman Holmes, Alderman Norman, Alderman French, Alderman Parsley, Alderman Patton and Alderman Thomas. Also present were Chief Financial Officer Greene, City Attorney Gerald Ewell,Health & Codes Director Gray, Asst. Public Works DirectorGannon, Program Coordinator Burnette, Utilities Director Pennington, Information Systems Director Smotherman, Asst. Chief Bellamy, Chaplain Benjamin, Recreation Director Gamble, Scot St. John, Commissioner of Safety Simmons, Executive Administrative Assistant Loyd and others.
Minutes
Alderman Thomas made a motion to approve the minutes of March 15, 2011 and March 22, 2011. Alderman Parsley seconded the motion. The minutes were approved by a vote of six to zero.
Correspondence
Mayor Superstein read a thank you note from the family of Charles Powers, Jr. thanking the Mayor and Aldermen for the tribute of naming the McKellar Street Bridge in honor of Mr. Powers and for the dedication ceremony.
Mayor Superstein read a thank you note from the family of Ann Bell.
Comments from Citizens
None.
Communications from the Mayor
None.
Committee Reports
Safety Committee –
Alderman Holmes stated there was nothing to report to the Board.
Finance Committee –
Alderman Thomas stated there would be a meeting on the 11th.
Street Committee –
Alderman Norman stated there would be a meeting the following Tuesday at 5 p.m.
Street Lighting –
Alderman Parsley stated he had nothing to present to the Board.
Water & Sewer Commission –
Alderman Norman stated there would be a meeting the following Thursday at 3 p.m.
Recreation Commission –
Alderman Patton stated there was nothing to present to the Board.
Tourism & Economic Development –
Alderman Holmes stated there was nothing to report to the Board.
Planning Commission –
Alderman Holmes stated there would be a meeting at the end of the month.
Resolutions
Alderman Thomas made a motion to approve the resolution. Alderman Holmes seconded the motion. The resolution was approved with a vote of six to zero.
Alderman Holmes made a motion to approve the resolution. Alderman Patton seconded the motion.
Alderman French stated he had some questions regarding this resolution. He asked the purpose of passing this resolution. City Attorney Ewell stated the State Constitution requires this act to be passed by the local governing body after it is passed by the Legislature. Alderman French asked what the original intent of sending the item to the state. Mayor Superstein stated the original intention was to save the City money.
Alderman French read Section 3 of the act regarding an Aldermen being disqualified from continuing to hold the office of Alderman while running for the office of Mayor. He asked how that saved the City money. Mayor Superstein stated that was only a part of the act. Alderman French asked what the intent of that specific provision was. Mayor Superstein stated the intent is very clear. Alderman French stated the result is clear, but asked what the intent was. Mayor Superstein restated it is very clear. Alderman French disagreed.
Alderman French stated if three Aldermen ran for Mayor and were disqualified, there is no provision in the Charter that would allow the body to function. He stated the Charter required a quorum of four Aldermen to vote on any action taken by the Board. He stated if three Aldermen decided to run, there would be no quorum. Mayor Superstein stated the remaining members would fill the positions.
Alderman French read the following portion of page C-6 of the City of Manchester Charter regarding the removal of an official from office:
The Mayor or any Alderman may be removed from office by the
legislative body for incompetency, neglect or disregard of duty, or other
misconduct showing unfitness for public duty, by a majority vote of the
entire membership of the legislative body. The proceedings for such
removal shall be upon specific charges in writing, which, with a notice
stating the time and place of the hearing, shall be served on the accused
or published at least three (3) times in three (3) successive weeks in a
weekly newspaper circulating in the City. The hearing shall be public
and the accused shall have the right to appear and defend in person or by
counsel and have process of the legislative body to compel the attendance
of witnesses in his behalf. Such vote shall be determined by yeas and
nays, and the names of the members voting for or against such removal
shall be entered in the journal. The Mayor shall have a vote to break a
tie except where his own removal is before the legislative body.
The office of Mayor or Alderman shall be declared vacant by the Board
of Mayor and Aldermen by reason of death, permanent disability,
resignation, removal or failure to meet any of the qualifications of the
above paragraph of this section, and shall be filled until the Saturday
following the next regular city election by a majority vote of the
remaining members of the legislative body.
He stated the Charter does say the remaining members of the legislative body would vote, but the Charter does not cover this provision of being disqualified. He stated the body can fill a vacancy, but only in the case of death, permanent disability, resignation, or removal or failure to meet any of the qualifications in the paragraph in the Charter. He stated none of this covers the new legislation. He stated if three of the members of the Board ran for Mayor, legally, the Board would not have a quorum or the ability to have a quorum. Mayor Superstein stated she believed Aldermen French was reading the Charter wrong. She stated it plainly says remaining members can fill a vacancy. She stated MTAS had been consulted and that other cities were doing this as well.
Alderman French stated other cities do not have the City of Manchester Charter. He stated the Charter is very specific regarding reasons for removal. He stated the Charter does not cover this new bill. Mayor Superstein disagreed.
Alderman French asked for a legal opinion. He asked why the Board would pass a bill that was open ended. City Attorney Ewell stated the legal office at the Legislature had discussed that issue with him. He stated they have struggled with it. He stated they believe it would be interpreted that the remaining members would fill the vacancies. He said this question has come up in other city's charters as there could be vacancies due to deaths. He stated it could be amended with another act, but the legal office would not require it. Alderman French asked if they suggested amending with another act. City Attorney Ewell stated other cities have Charter provisions that clarify quorum. He discussed a quorum being four members present. He stated if the Board did not have four, it raises a question. He stated the legal office advised him if it were interpreted, that the quorum language would not necessarily disqualify the remaining members but that it is not clear. He said it was suggested that the quorum language be removed by another Charter amendment. He discussed further. He offered Aldermen French contact information for the legal office at the Legislature. Alderman French stated he would like to have that.
Alderman French stated again the Charter does not cover this provision. He stated the additional amendment should be passed first.
Mayor Superstein called for a vote on the Resolution. The resolution was passed with a vote of five to one with Alderman French voting no.
Ordinances
Alderman Norman made a motion to approve the resolution. Alderman French seconded the motion.
Alderman Thomas asked where this is located. City Attorney Ewell stated it parallels Oakdale Street. He stated it was never developed. He stated it would go to the adjoining owners. Therewas discussion about adjoining owners. City Attorney Ewell stated when the plat was recorded in 1913 it was left as a gap between properties. He discussed further. Alderman Parsley statedthis should take care of all of it. He said it begins at Short Street and the other parts have been done. Mr. Ewell stated he was unaware of other areas done in the past. There was furtherdiscussion.
The ordinance was passed with a vote of six to zero.
Alderman French made a motion to approve the ordinance. Alderman Thomas seconded the motion. The ordinance was approved with a vote of six to zero.
Old Business
None.
New Business
Mayor Superstein discussed the Cruise-In scheduled for Saturday. She stated there would also be Valve Cover Racing. Alderman Thomas said he had seen it at other car shows.
Items from Board of Mayor and Aldermen
Alderman Holmes commended the Street Department for their work during the storm the previous evening. Mayor Superstein stated Assistant Public Works Director Gannon had been out during the storm working on clearing ditches. There was further discussion.
Adjournment
The Board adjourned at 6:49p.m.______________________________________
Mayor Betty Superstein
Attest:
___________________________________________
Amy Loyd, Exec. Administrative Assistant
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