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2198 Main Street Town Administrator
0 Brewster, MA 026314898
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MINUTES OF THE CHARTER COMMITTEE MEETING
DATE . July 26, 2019
TIME : 9 : 30 AM
PLACE : Brewster Town Office Building, 2198 Main Street
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PRESENT : Town Administrator Peter Lombardi, Town Moderator Charlie Sumner, Town Clerk Colette Williams,
Richard Koch , Selectperson Bingham , Karen Whitney, Robin Young,
Call to Order
Chair Whitney called the meeting to order at 9 : 35 am and read the Video and Audio Recording Notification .
Public Comment
No discussion
Review and Approve Meeting Minutes of June 28 and July 12
Ms . Bingham moved to approve the June 28 and July 12, 2019 meeting minutes, Mr. Koch second . Corrections to
June 28, the 2 "d page second from last sentence, change would to could . Chair Whitney asked to change
"government study report" language to "vision plan" . Bingham moved to adopt the minutes as amended , Mr.
Koch second . The Board voted 8-Yes 0- No .
Discussion on Potential Recommended Elements to Consider from Other Town Charters
Mr . Koch reviewed the Plymouth and Sandwich charters, and noted the group discussed at the last meeting
inviting the two Town Managers in from the other towns . He summarized the points he would like to see in the
Brewster Charter . Specifically that the Town Administrator had authority to hire all employees, with confirmation
from Select Board for department heads . Mr . Koch also likes the provision that would allow a Assistant Town
Administrator to perform the Town Administrator duties in their absence . Mr . Sumner inquired about Select
Board members being able to serve on any other committees . Conflict of Interest law has time requirements
before being able to serve on some . Mr . Lombardi would like that elected verses appointed membership on
boards and committees to be considered . Mr . Sumner recalled a time when a Select Board member applied for a
paid position while serving on the Board, which created a problematic situation . This point should be clarified . It
was mentioned that members of the Finance Committee are prohibited from holding any other committee
membership, as Town Counsel has determined that can if it is If it is not a permanent committee they are able to
serve . Advice from council will be sought on this matter . Mr . Sumner reviewed other charters and would like to
abstain from discussion regarding the Town Moderator, not that he has to but that is his preference . After the
discussion on the evolution of Executive Secretary to Town Administrator, he feels that it is time to upgrade the
position to a Town Manager position . This position would still be held accountable to the Select Board . Mr .
Sumner would like to amend the power of appointments of paid staff to the sole discretion of the Chief
Administrative Officer ( CAO ) . The CAO should be the Director of Emergency Management , Mr . Sumner would like
to see a hybrid approach with appointed and elected positions to fill open positions on boards, committees and
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Charter 07-26- 19
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F9Q Town of Brewster Office of:
Select Board
: ; 2198 Main Street Town Administrator
0 3 0 Brewster, MA 02631 - 1898
%V0 - . GDS Phone : (508) 896 -3701
� p Fax : (508) 896- 8089
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commissions . Currently there are two hybrid committees in the Town . A separate conversation regarding the
Brewster Ladies Library needs to be held . It is an independent, nonprofit organization that works with the town .
This should be recognized . Employees are on town payroll . A few critical positions should consider the pro' s and
cons of residency requirements, the Fire/ Police Chief and Town Administrator specifically . Mr . Koch feels that if
an individual is an appointing authority, they should live in the community . The Town Administrator and Fire Chief
are currently appointing authorities, but the Police Chief is not . As the Emergency Manager, he found through
experience that some other departments were resentful of the Chief giving direction , so he insisted with the
Select Board to make the Town Administrator at least the Assistant Emergency Manager, because departments
will listen to them . Yarmouth has the Town Manager as the Director and delegates the issues to the department
heads as needed . Chair Whitney read aloud the comments submitted by Mr . Meehan . Mr . Lombardi pointed out
that the second bullet point initiative petitions are set by State statue , so town council should be consulted if that
could be changed . There is a current recall process in place, but perhaps it could be better defined . The Town
Manager in Mashpee makes appointments and then submits a certification to the Select Board, so that it is public
knowledge that all hiring and firing procedures have been done in compliance . Mr . Lombardi feels that the Bylaws
in regards to Town Meeting are thin and need to provide more details . Sandwich had a good example . He would
also like to see the Town Moderator term increased to 3 years and would like to see an assistant Moderator
positon added . He feels a rescinding provision for elected officials and appointed officials by the Town Manager
and Select Board should be put in place as well . Sandwich has recall language increase of resident signatures from
12 % to 25 % . They should consider the shift of a TA to a TM . A strong Town Manager position could appoint
boards and committees, but this should be clarified what they want here in Brewster . As far as the residency
requirement, Mr . Lombardi favors the Sandwich language . The state wide trend is to get away from residency
requirements . Philosophically he is in line with Mr. Sumner and Mr . Koch for having residency requirement . The
Personnel Board should be reconsidered . The Charter Committee could consider if the Select Board should
continue to be the licensing authority . It is time consuming in the Town Administrators office, and could be an
administrative task . This can be further discussed as a Licensing Commission or Board . Mr . Lombardi agrees with
hybrid approach for board membership . He would like to consider broadly outlining the budget process and
responsibilities, and set time law from bylaw with flexibility . They should consider setting limits for town
employees from running for some/all town elected positions, as a mirror of the "cooling off period " described in
State law . This is in the Charter from Sandwich . As well , Sandwich sets baseline requirements for boards and
committees to submit reports to select board . The review of the Charter should be done on "0" years . This way it
is clear when review begins and sets a deadline . Ms . Bingham , likes Department of Revenue recommendation of
disbanding the Personnel Board . Mr . Koch thinks that Mr . Sumner and Mr . Lombardi in positions of Town
Administrator and Town Moderator, have too much experience to not weigh in on the discussions of those
positions and would like to see the Ethics Committee consulted in order for them to participate . Mr . Koch feels
that with the Select Board being the Licensing Board, it is discussed at a public meeting if there was an issue
which produces public documentation and a meeting of the violators . Mr . Koch would like careful consideration
and thought to be able to run for elected position while employed for the Town . Bingham likes table of contents
in Watertown, print and font of Plymouth and definition of terms in Watertown ' s charter . Chair Whitney agrees .
Mr . Koch looked at past studies done in the Town of Brewster . Over past 30 years many of the suggested ideas
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Charter 07-2649
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Town of Brewster Office of:
Select Board
2198 Main Street Town Administrator
Brewster, MA 026314898
r - -� Phone : ( 508) 896- 3701
Fax : ( 508) 896 -8089
lot 001,
11
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not implemented . Chair Whitney is looking both inside the Town of Brewster and outside resources to
strengthen the Charter . Ms . Bingham noted that in 1985 Government Study a charter was recommended . There
are themes that persist throughout all of the studies done on the Town , many that have been long standing
recommendations that have not been incorporated thus far .
Review Tentative Project Schedule and Work Plan
Chair Whitney felt that when looking at Town' s charters, that the Westwood chapters are well defined . They have
appointed boards and elected but no hybrid . Deciding how they want charter to look lends itself to how the
Board would want to organize it and divide responsibilities . The charged scope is to address structures and
powers of the Brewster Town Government . Some chapters will overlap and expand definitions . The time line is to
have a deliverable document in May of 2020 . Currently they are in the planning phase which includes the review
other documents and to generate a wish list for Brewster' s Charter . Chair Whitney reviewed the timeline of the
Committee . They have invited stakeholders to interview at the next few meetings . In September the committee
will present to the Select Board a proposed timeline and strategy . During September through October they will
hold more interviews and figure out what they consider best practices . In November they hope to analyze how
the framework of a Charter could affect existing bylaws and policies . From November to December the
Committee plans to hold community forums . A final recommendation for the Charter and presentation to the
Select Board at a early January meeting . Town Council will review and finally it will be on the Town Meeting
warrant in May . The Town will submit the document to the State after Town Meeting vote . Mr. Sumner likes the
aggressive chart and feels it is obtainable . Chair Whitney asked each member to independently let her know of
people for potential interviews that should be held . This should be determined by next meeting to set up agenda
schedules for next two months . Mr . Lombardi asked if the Charter would go to town meeting and ballot vote , or
only town meeting vote . Ms . Williams created charts on attendance of Town Meeting and elections with special
events noted in a color coded system . Most questions where there was a large turnout at the poll , were
financially motived . More voters tend to go to the ballot box than Town Meeting, so Mr . Koch would like to see
the Charter question on a ballot . Mr. Sumner asked about the time line, and when public education would fit in .
That would most likely would be in May, and the proposal will need to be broadly communicated . Ms . Bingham
announced it at the last Select Board meeting, and feels they should start publicizing this now . As it stands it is on
website and on television . The public education piece will be throughout the process, but when they are at or
near recommendation they need to have public sessions and outreach to explain the Charter and the process . Mr .
Sumner offered that the committee could go out and talk to organizations and groups . Mr. Koch explained that
the stakeholders are those who will be effected by a Charter, and that is not only Town employees but citizens as
well . Many topics are in agreement by the current Charter Committee members . Ms . Bingham would like to
create two lists, ones they agree on and others that need exploration . Mr . Koch made the motion to take the
Westwood document to use as a base for revision , Lombardi second for purpose of discussion . KP Law cautioned
to not be too detailed in the beginning, but stay conceptual at first . Mr . Lombardi recommends Chair Whitney
syntheses today' s discussion, and submits to the Board for review . Mr . Koch made the motion only to push the
conversation in that direction , it is not needed to go to a vote . Chair Whitney will create a blocked out draft
document with themes of consensus .
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Charter 07- 2& 19
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" 1
Town of Brewster Office of:
o o� •+� 9 � Select Board
2198 Main Street Town Administrator
9 o Brewster, MA 026314898
00 Phone : (508) 896 -3701
A 0 Fax: ( 508) 896- 8089
*0., R P 0
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Discussion on Topics for Next Agenda
The Committee will need to discuss public outreach and an education plan . The Board agreed the information
provided by Ms . Williams today was very helpful . Chair Whitney will need to update timeline continually as the
work progresses . Mr . Lombardi has invited in two sets of strong Town Managers ; Jill Goldsmith of Chatham , and
Bud Dunham of Sandwich . The Massachusetts Municipal Management Association reached out to their Chair, and
Mr . Lombardi noted Mike Jaillet, the Westwood Manager and Charlie Cristello, retired Middleboro manager, are
members, and he would like to invite them in . The former members of the Government Study Committee should
be invited to a Charter Committee meeting, for their guidance of the process that resulted in their report . Mr .
Koch would like a word doc of Charter' s for Sandwich and Westwood . Ms . Bingham would like to discuss
stakeholders now for interview . She would like to invite the Recreation Chair and Recreation Department head ,
the Select Board, Planning Board Chair and Department Head, The Board of Health Chair and Department Head .
The will have to have discussion related to the Board of Health, and how State laws and a Charter would interact .
Mr . Sumner opened it up to invite entire Boards not only Chair. Mr . Koch would like to see the Charter Chair set
time parameters for each guest — to keep meetings timely . Mr . Lombardi thinks they should invite in the Assistant
Town Administrators, Finance Director, Police and Fire Chiefs . The Board will need to create questions for each
individual interview .
Topics Not Reasonablv Anticipated by Chair
No discussion .
Future Meetings — August 9, and August 23
Chair Whitney cannot attend the August 23 , 2019 meeting .
Adjournment
Ms . Bingham moved to adjourn at 11 : 03 am , Mr . Koch second . The Committee voted &Yes 0- No .
Respectfully submitted,
Robin A Young
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Approved : � � 1 L � Signed :
Date
Accompanying Documents in Packet : Original Government Study ( 1985 ), Second Government Study ( 1995 ),
Treasurer/Tax Collector/Clerk Study Committee Report ( 1988 ) , William Meehan Email , Charlie Sumner Email , Dick
Koch Email , John Kissida Email , Statics Report from Ms . Williams/Town Clerk
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