Loading...
HomeMy Public PortalAboutCharter Committee -- 2019-07-12 Minutes (2) S ;ay "L , F * Town o Brewster Office of: , Select Board 2198 Main Street Town Administrator o 9 Brewster, MA 026314898 V0 GO Phone : ( 508) 896 - 3701 Fax : ( 508) 896 = 8089 � C IApo ///IIHIlIMI111111W\a����� MINUTES OF THE CHARTER COMMITTEE MEETING i DATE : July 12, 2019 i:; .: : tjtj - TIME : 8 : 30 AM PLACE : Brewster Town Office Building, 2198 Main Street PRESENT : Town Administrator Peter Lombardi , Town Moderator Charlie Sumner, Town Clerk Colette Williams , Richard Koch , Selectperson Bingham , Karen Whitney, John Kissida , William Meehan , Robin Young, Call to Order Town Administrator Peter Lombardi called the meeting to order at 8 : 32 am Public Comment No discussion Committee Organization — Election of Chair , Vice Chair, and Clerk Cindy Bingham nominated Karen Whitney for Chair . Charlie Sumner nominated Richard Koch . Mr . Koch withdrew his name . The Board voted &Yes 0- No to elect Ms . Whitney as Chair . Mr . Koch nominated John Kissida as Vice Chair, who declined . Colette Williams nominated Mr . Koch . The Board voted &Yes 0- No to elect Mr . Koch . Ms . Bingham volunteered nomination as Clerk . The Board voted 8-Yes 0- No to elect Ms . Bingham as Clerk . Discussion on History of Role of Brewster Town Administrator Position Mr . Sumner gave context to the historic role of the Brewster Town Administrator . Mr . Sumner began in 1986, with a 3 member Select Board . The Board worked in Town Hall Monday through Friday, from 9am to fpm . They received salary for the roles of Chief Executive Officers . In 1982 there was a government study process that reviewed this particular process as it was unique to Cape Cod . The passage of Proposition 2 . 5 was a boom for Town Administration positions . There were few limits on public spending prior to this . Town Meeting would normally vote on municipal spending . This would lead to 3 , 4 or 5 % annual budget increases . The restriction of 2 . 5 % per year was passed and a more systematic government was formed . In Brewster specifically, there was dissatisfaction with coordination and projects . Selectmen were part time and unexperienced . The year Mr . Sumner was hired it went from a 3 member board to a 5 member board . Legislation created the Executive Secretary position , with no authority then what was given by the selectmen . Most department heads at that time were elected . Brewster' s population increased dramatically in the 1980' s . The Town Administrator role was mostly to encourage collaboration and agreement between departments . Mr . Sumner noted some problems observed . Firstly, the general feeling was that the Treasurer Tax Collector shouldn 't be elected as it is a highly technical job . A committee was formed to create special www . brewster- ma . gov Charter 07- 1249 Page 1 of 5 Town of Brewster Office of: * 2198 Main Street Select Board Town Administrator go o 1 a Brewster MA 02631 = 1898 s Phone : ( 508) 896= 3701 r� Fax : ( 508) 896 - 8089 , ���i��iiilr>nIIM1111111U1�����\\\\� legislation that separated the Town Clerk from the Treasurer Tax Collector department and make it an appointed position . Selectmen took authority by the bylaws and distributed control to Town Administrator . Another government study was done in 1980' s to look at the functions of local government . The topic of elected vs . appointed boards and committees had resistance to change . The role of Town Administrator was discussed in a more formalized fashion . At this time the Finance Committee drafted the budget . The study advised that the role needed to be moved to the Selectmen . The role of the Finance Committee would be to advise the public and consent popular opinion . Many towns were doing it that way at that time . The Water Department was not self-sufficient at that time . Mr . Sumner separated the revenues . The Water Commissioners were an appointed board after 2010 . The Town Clerk positon was changed to make it an appointed position not elected at Town Meeting and ballot vote . Mr . Koch asked Mr . Sumner to discuss the relations he had with boards over the years, when Mr . Sumner didn ' t have authority within the structure that was in place then . Mr . Sumner was opportunistic in problem solving, in absence of that opportunity he was collaborative . He didn ' t try to surprise boards with change and developed relationships with members . The Board of Health and Planning Boards are major boards with a lot of authority . Mr . Sumner would collaborate with them for projects and in regards to issues . A few years before his retirement, was the start of the government study process . They found that the Town bylaw and State laws were often times are in conflict . At that time there was a collaborative process with hiring, and he would include Board members to do screening and interviews . Police and Fire departments had strong chiefs . Mr . Koch referenced section 5 - 5c, where the Selectmen appoint police officers, but there are civilians that work at the department . There was confusion and struggle due to the way the bylaw was written . The Selectmen were appointing all Police and Fire department employees . It was changed to make it statutorily correct . Ms . Bingham noted that now elected positions are listed in section 54 . Mr . Lombardi distributed the KP Law opinion that discussed the Health Director position , and explained that the Board of Health is the appointing authority . In this particular instance the Board asserted the authority to hire the new Health Director . As the current Town Administrator there was a collaborative and cooperate route for the initial interviews . 2 candidates were recommended to the Board of Health for them to choose from . He noted that he has only been here for a short time, and was placed in a similar position . With current bylaws the Planning Board can hire the Town Planner . The charter process could address these issues . Massachusetts General Law ( MGL ) trumps Town ' s Local Bylaw, but a charter would trump MGL . Mr . Koch interviewed Rodney Collins, the Town Manager in Mashpee and Mr . Bud Dunham , the Town Manager in Sandwich . Both conversations had the theme that a scattered approach to a Charter leaves several voids that are left to policy decision . This can be deterrent of a centralized mission . Mr . Lombardi noted that it was not to say that the Board of Health wouldn 't do a good job with hiring a candidate , but the Board is now dealing in personnel matters that they are not experienced in . The members were elected to the Board for their expertise in that subject, and they are not trained for Human Resources , Bill Meehan reiterated that the Department of Revenue report and the Government study recommended that a full time Human Resources position be implemented . He then asked Mr Lombardi " How do you see that function in regards to appointees and dismissals ?" Mr . Lombardi replied that many towns are moving to having a standalone position . Work force is 75 - 80% of the annual budget, and is www . brewster- ma . gov Charter 074249 Page 2 of 5 44 PJV ■ '; Town of Brewster Office of: o � '. Select Board * ; 2198 Main Street Town Administrator 3 " ( Brewster, MA 026314898 Phone : ( 508) 896 - 3701 p�\ Fax : ( 508) 896- 8089 mill 11 p°P° the Town ' s greatest resource . The Town Administrators as the authority wouldn ' t diminish with the introduction of a Human Resources position , as it is a complimentary position . They discussed the function of the position . Human Resources, Town Administrator, a department head , and committee chair would interview new hires . A common hiring practice needs to be under one umbrella , with an educated Human Resources to advise . Mr . Sumner noted that this is a specialized areas with training issues, discipline and personnel . This is the next evolution with in Town Hall to create continuity . One mistake from a well intentioned volunteer can be a liability . Mr . Lombardi also noted the resource for front line employees who need an outlet for discussions if they cannot go to their department head . Mr . Koch explained that when he was the Police Chief, he had been called for human resources issues, where a pro Human Resources person would be able to distinguish the issues and repercussions . This position also ensured confidentiality . Review of Existing Form of Government Town Bvlaws Mr . Lombardi discussed the handout . A fair amount there that would be included in Charter . There are some gaps, but there are bones of a Charter in place . Examples of other Town ' s Charters are more specific . For instance , Town meeting should be more descriptive . Elected positions should be reviewed , Brewster has an elected Recreation Commission and that is now unique to the rest of the state . The Charter Committee will hear arguments for why they should stay elected for consideration . It was mentioned that some potential residents do not want to run for office but would like to be a member . A hybrid approach is available to have some elected and some appointed Boards . Ms . Bingham noted that the Planning Board and the Board of Health are incredibly important and that they need to be filled by experts . Some people do not want to run in an election . Mr . Koch felt that the criticism to that is that there is favoritism . John Kissida gave the example of confusion of current policy; being that there is a moderator elected for one year, but appoints for 3 years the Finance Committee . Mr . Kissida reminded the committee that the Government Study Report made recommendation that there be more transparency in the appointment process . With historically a 12 % of voter turnout, key appointments could be made more public to be fairer . Karen Whiney asked to please gather information related to past uncontested positions in the ballots over the past few years . Collette Williams noted that with regards to the Finance Committee' s 9 members , 3 members could be appointed by the Moderator, 3 by the Select Board and 3 elected members . Mr . Koch would like the Charter to have the ability to rescind appointments . There is a recall Bylaw for elected positions that requires 12 % of residents to sign on a petition which equals 900 voters in 2019 . After Charter is adopted there needs to be a review of the document . Mr . Lombardi would like to see the review process occur every 10 years, as local government does not change much , and the effort and time length to do the review and pass it through town meeting and legislation is a long one . Mr . Meehan generally agrees, however there needs to be a mechanism that triggers that review sooner if needed . Mr . Koch would like to see how in - depth the charter needs to change before making time line decision for review www . brewster- ma . gov Charter 07- 1249 Page 3 of 5 gx a�o�tk EDW Nlygr ���i g�o� „ F * Office of: 4 , Town of Brewster Select Board 2198 Main Street Town Administrator Brewster MA 026314898 Phone : ( 508) 896= 3701 Fax : ( 508 ) 896 -8089 y�ohkj l Ilits Review of Other Relevant Town Studies Mr . Meehan likes the Westwood Charter and feels it is close to what they are trying to accomplish . Ms . Bingham likes the Sandwich Charter, as does Mr . Meehan and Mr . Kissida . Mr . Koch feels that the Town of Sandwich Charter is a work in progress with compromise , and likes it best . He likes the Westwood layout better . Mr . Koch wouldn 't support having a draft reviewed by town counsel at this point for what is currently in Brewster bylaws . He would like to look to incorporate additional new information from other communities and noted that the Bylaws can be fixed later . Mr . Kissida would like to review what we have currently . They can inform the public that this process isn ' t a wholesale change but will incorporate what we currently have . Ms . Bingham really likes the table of contents in Provincetown and Watertown . Ms . Whitney feels this topic includes review of the Government Study and the Vision plan . Given the two directives she feels they are in agreement that Brewster is ready for change . She would like to keep an eye on the baseline of bylaws and keep the town informed in order to clean up what previous studies have offered . Ms . Whitney would like to write the Charter as it now exists, then evaluate it to fill in gaps or changes needed . Mr . Meehan asked to add DOR report to the documents to consider . Mr . Lombardi noted the Vision Plan is not looking at this through same lens, it was looking at the Town in a much less technical review . Ms . Whitney is in favor of taking an as is charter and marking it up , then that deliverable would be the mark up to Legal to review . It was reminded that Lauren from KP Law said at the last meeting to not get hung up on the words, but to give her a wish list . Elected vs . Appointed , terms, hiring/firing, are a start to a process as key points . Mr . Koch would like the committee to pick out what they like from other charters, but defers to chair how they want to proceed . It' s the community buy in that will measure the success . It needs to be organization wise, easily accessible , and clear . The committee ' s job is to give her a list . Mr . Koch would like to hold off on this item until next meeting . The committee needs to hear who it wants to hear from next, to get input and study other charters for strengths . There should be a thoughtful process prior to giving it to Town Counsel . There was a favoritism to having the opportunity to have discussion with other Town Accountants or Town Manager' s . There is a standing committee with the Massachusetts Municipal Association , whose primary focus is coming into communities who are in transition to discuss trends , processes and give an overview of state wide municipal government . Mr . Koch would like to have a Select Board member from the same town accompany a Town Manager that comes to a meeting . Mr . Meehan noted that Ms . Whitney' s email is not a town email address . Open meeting law does not require but recommends the chair to have a town email . Mr . Lombardi suggests that any individual ideas should be presented at the committee table and not via email . Ms . Bingham asked if the assignment for next meeting is to review charters and decide what they like . Legal will work the language of the ideas and Bylaws will be cleaned up after . Ms . Bingham thinks strongly that town people need to be informed . They need to understand the difference between what the Charter will be and what is in place now . The directive is to publicize meetings and community information . Cape Codder, Cape Cod Times, and the website will be used for community outreach . www . brewster- ma . gov Charter 07- 1249 Page 4of5 I"J` it �9 Town of Brewster Office of: Select Board 2198 Main Street Town Administrator 0 Brewster, MA 02631 - 1898 V0 = - Phone % ( 508) 896 = 3701 Fax : ( 508) 896- 8089 �Zf�s►o�r�;� \��\ Discussion of Potential Request to Town Counsel to Draft Status Quo Charter Discussed in above agenda item . Topics Not Reasonablv Anticipated by Chair Agendas are created by Peter Lombardi and Karen Whitney . At the end of any given meeting, please suggest agenda items for upcoming meetings . Ms . Bingham would like to see MMA and other Town Managers come speak to the group in the next upcoming meetings Future Meetings — July 26, August 9 , and August 23 Adiournment Ms . Bingham moved to adjourn at 10 : 03am , Mr . Koch second . The Committee voted &Yes 0- No . Respectfully submitted , Robin A Young ` Approved : q I I C Signed : Date Accompanying Documents in Packet : Bylaws www . brewster-ma . gov Charter 074249 Page 5 of 5