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14
MINUTES OF THE CHARTER COMMITTEE MEETING
DATE : August 9, 2019
TIME : 9 : 00 AM
PLACE . Brewster Town Office Building, 2198 Main Street
PRESENT : Town Administrator Peter Lombardi , Town Clerk Colette Williams, Richard Koch , Selectperson Bingham ,
Karen Whitney, Robin Young, John Kissida , William Meehan
ABSENT : Charlie Sumner
Call to Order
Chair Whitney called the meeting to order at 9 : 00 am and read the Video and Audio Recording Notification .
Public Comment
No Discussion
Discussion of Election Data from 2005 to 2019
A handout was distributed to the committee regarding election data at the last meeting . Ms . Williams has been
tracking the voter turnout from prior years ballots, and if the race was contested, uncontested or vacant . Mr .
Lombardi asked the Board to consider changing the Constable from one year term to a three year term . Mr . Meehan
asked what the process is if the Constable position is vacated . The Select Board would appoint until the next election .
Mr . Koch noted that as matter of professionalism that the role of Constable should be taken very seriously . He feels
this position should be appointed by the Select Board , as there is a large amount of power and responsibility with that
role . Vetting that appointment in front of the Select Board and the public would be beneficial, and he would prefer to
not extend that appointment term past 3 years . Ms . Bingham would like the roles of the Constable to be shared with
the group . Mr . Lombardi noted that the Recreation Commission would be in before the committee soon, and the
current Constable would be able to discuss his role at that time . Limiting the authority of a constable could be
considered offered Mr . Koch . He explained that the Town of Brewster' s current Constable is responsible in his roles,
but there is no guarantee of that same professionalism in the future . The powers and roles of the Constable should be
documented in the Charter. Mr . Lombardi offered that in other towns appoint more than one Constable in case of the
absence of one , that position is not left unoccupied . The committee will need to consider paid versus volunteer
positions . Chair Whitney asked about the roles of elected versus appointed candidates . Mr . Meehan thinks that some
positions should be appointed . Ms . Bingham noted that many candidates will offer their expertise if it is appointed , but
that no one will show up to run for an elected position . Mr . Koch referenced the Mashpee Charter, that the mission
and responsibilities are defined of boards and committees . Mr . Lombardi pointed out that this is done in the
Westwood Charter as well . Chair Whitney would like to individually ask each Board what they would find helpful to
encourage membership . Mr . Meehan reiterated that there are people who do not want to run for elections but would
like to be on a committee . Mr . Lombardi has looked at the data of both the Historic and Housing committee, which
have a hybrid approach of appointed and elected . These committees have a number of vacancies . Ms . Williams noted
that Housing authority is an issue because HUD changed the process of membership . It would be worth having the
discussion of changing the number of appointed and elected membership to a different ratio . Mr . Meehan favors 2
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Charter 08 -09- 19
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appointments, but not more so that voters do not feel they are losing control . Mr. Meehan asked Ms . Bingham how
having more appointments could burden the Select Board . She doesn' t see it as a burden just a slight bit more effort
on the part of the Select Board . Mr. Lombardi queried the discussion of quorum number for Town Meetings . Ms .
Williams said historically it has failed every time they have tried to change it from 200 . There have only been a couple
of instances that it was close to not making the quorum at a Town Meeting . Ms . Bingham noted that at the end of the
meetings there has sometimes been a chance that a quorum is no longer present . Mr . Meehan feels that given the
number of registered voters the 200 number for quorum is good .
Discussion of Recommended Elements of Charter - Consensus and Other
A handout was distributed as a draft document for the framework of the Charter. Chair Whitney expressed to the
Board that this is open to discussion and revision . She began with outlining chapters, so the committee can fill it in and
then have Town Counsel review . Chapters were organized by the governing bodies and entities . Ms . Bingham asked for
an explanation of what the difference is between a Town Administrator and Town Manager? Mr . Lombardi gave a
description that generally there is a sliding scale of how much role , responsibility and autonomy that position has . This
goes from Executive Secretary upward to a Town Manager with a Town Administrator in the middle . The title does not
mean much , it is about the responsibility defined to that position by the Charter . Generally a Manager has more
authority . A strong Town Manager has more meaning than a Town Administrator, as they have more appointing
authority . They have appointing authority over boards and committees as opposed to the Select Board serving that
role . This usually comes with a residency requirement for this position . Ms . Bingham asked if a Charter can change the
referral of the board legally to the Select Board as opposed to Selectmen . MGL requires the town to have a Board of
Selectmen but since a Charter can supersede MGL, they will defer to legal on this matter. Chair Whitney reviewed that
chapters and titles . in regards to "town , " there is not a lot of information for this Chapter . They can pick one they like
from existing examples and use that to fill that chapter in . Chapter 2 : Elections and Town Meeting had a committee
consensus that it would be best to change the term of the Town Moderator from a 1 year term to a 3 year . Mr.
Meehan asked if citizen petitions requirements can be changed from MGL . He would like to see a reasonable number
set for petition signatures and would like to have that discussion . Mr . Kissida feels the Westwood amount was too low,
as it follows state law . However, this is also what Brewster is currently following . Ms . Williams pointed out that the 10
signatures needed for a citizen petition is low because the town is already having a meeting, so there is no additional
cost for holding a special town meeting . Ms . Williams would like to define a better timeframe for submission dates, so
there is not a last minute filing . This will allow the Town , boards and committees to better prepare . If the deadline for
petition filing is changed it will be easier to process the necessary steps . Mr . Koch does not want the people to feel
that they are taking their process from them . The committee decided they would like to increase the number of
signatures needed , and set a firm deadline for filing so that the citizens petitions have the same review as warrant
articles brought forth by the town . In Chapter 3 with regards to Select Board , Mr . Lombardi feels that they can move
the membership of S elected members to the consensus category . Chair Whitney would like the committee to keep in
mind particular topics for research to be designated to each member . In Chapter 4 the title Chief Administrative Officer
is used as a broad term for discussion purpose only . Ms . Williams liked Westwood ' s hiring process, that the CAO has
the hiring authority but will work with the Department Head . Mr . Meehan thinks that the 4th bullet can be moved into
consensus area . Mr . Koch supports all of the bullets as listed . He feels some flexibility should be allowed in the process
for hiring, however a check system should be in place with a notification to the Select Board . Ms . Williams noted the
process would include the department head , but would not give the department head hiring authority . Ms . Bingham
I
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Charter 08 - 0949
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noted that this topic is difficult, considering what Brewster has been through in the past few years . Mr . Meehan
reminded the committee that the Department of Revenue report recommended a Human Resources position in the
Town . The role of a HR position would be to develop a qualified candidate from the beginning of the process . Mr .
Kissida agrees, but wonders if the voters will be in favor of hiring that position given the current budget . It is something
that should be considered in the future for when that position is hired . Currently, one of the assistant town
administrators has that job responsibility . Mr . Koch would like to see a more professional background query preformed
on new hires to prevent poor hires and as a higher standard . Mr . Lombardi will lightly weigh in on this chapter . Town
Council was consulted on his role, and the proper disclosures have been filed . If in the future it is changed that the
Town Administrator position has hiring authority over the ones now that are hired by boards, Health and Planning for
example , than these boards will want to be involved in the process and will want that language included in the Charter .
This could be also be done as a bylaw or a Select Board policy . This chapter will need input from other staff, boards
committees and outside resources . Chapter 5 could be divided by elected , appointed or hybrid committees and could
change into subsections . The committee agrees that elected vs appointed membership needs to be further discussed
and researched . Ms . Bingham asked if can it be added that the town moderator not appoint all of the finance
committee . Mr . Meehan interprets the reasoning of appointing the Finance Committee by the moderator improves the
chances that the committee will remain independent from Town Hall , Mr . Lombardi feels that the Association of Town
Finance Committees would have excellent data on this topic . Mr . Kissida noted that the couple of charters they are
reviewing have the Finance Committee completely appointed by the moderator. There is a committee consensus on
changing the name from Finance Committee to Finance and Warrant Committee, and they will ask that committee' s
feelings on the change in name when they come in for discussion . Chapter 6 will need to be broken down further . Mr .
Lombardi has been involved in internally reviewing the DOR report, and it says to clarify role of Finance Director in
regards to the staff and structure of the Finance Department . Currently there are conflicting bylaws that should be
clarified in the Charter. Chapter 7 would discuss the financial procedures, process and dates . Chapter 8 and 9 have no
discussion . There is a consensus to review the charter every 10 years, for delivery of the report to town meeting in
years ending in 0 . Chapter 11 discusses the recall provision . It is currently 12 % or 900 voters for a recall of an elected
official . Mr . Meehan would like specific language for town officers being allowed to run for elected positions to
prevent conflicts . Mr . Koch likes Mashpee' s framework, where the employee would have to take a leave of absence
while running which would give the option to the individual . Mr . Lombardi noted that the town of Sandwich has
something along those lines, and they can consult Mr . Dunham when he attends the next meeting . Mr . Koch would like
a reference to "with cause" added to rescinding of an appointment . Mr . Meehan thinks that the charter can give the
ability to recall , and a bylaw can define how it is done . There needs to be a statement in the charter to grant authority .
Ms . Bingham does not feel that there is a consensus on shifting the licensing authority from Select Board , Chair
Whitney will update the draft document based on today' s discussion . She asked the committee members to pick
chapters to be copied directly into charter draft to fill out the framework for the September meeting . Mr . Kissida
would like to see an example of a charter that has hybrid boards and committees, Ms . Williams will poll other town
clerks for this information . Mr. Kissida would like the committee to include current bylaw section while drafting the
Charter . Ms . Bingham feels the voters will be more in favor if they see how similar it is in comparison to what is in
Charter . Mr. Lombardi feels the committee will need to reach out to residents with presentations offered to the
citizens .
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Charter 08- 0949
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A t Town of Brewster Office of:
IO ' o� ++* 9 Select Board
; V +: ' 2198 Main Street Town Administrator
90 (69 Brewster, MA 026314898
V0 w Phone : ( 508) 896- 3701
Fax : ( 508) 896- 8089
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Discussion of September Meeting Schedule and Interview Schedule
Mr . Lombardi polled the committee if they wanted to stick to the Friday morning schedule . Staff interviews should be
held first then they can shift to evening meetings for boards and committee interviews . They should be at or near the
finish line by the end of January . A progress report to the Select Board will be given on the September 23 , 2019 . They
will look at September 6 & 20 for interviews with staff and invite the Government Study Committee in for a night
meeting the second week of September .
Review, Discuss and Approve Julv 26, 2019 Meeting Minutes
Bingham moved to approve the July 26, 2019 meeting minutes, Mr . Kissida second . Mr . Lombardi would like edits
made to the middle of page 2 change would to could , consider setting limits and correct the spelling of the name of
Mike Jaillet, retired Middleboro Manager and Charlie Cristello . Ms . Bingham moved to accept the minutes as
amended , Mr . Kissida second . The Committee voted 5- Yes 0- No 2-Abs
Discussion on Topics for Next Agenda
Bud Dunham from Sandwich and Jill Goldsmith from Chatham will be at the next meeting, possibly with a Selectperson
from their town . Charlie Cristello, retired Middleboro Manager and , Mike Jaillet soon to be retired from Westwood will
be at the meeting as well . They will be prepared to broadly discuss the state trends . They will speak to the difference
between Administrators and Managers on a state wide level . Mr . Dunham and Ms . Goldsmith can speak to the topic
on a more local level .
Topics Not Reasonablv Anticipated by Chair
Moving forward , the chair and Mr Lombardi will draft the agenda . The committee can make suggestions to the Chair
on agenda items to be listed without discussion of the topic .
Future Meetings — August 23 , September 12 & 17 , 2019
Adjournment
Ms . Bingham moved to adjourn at 10 : 34 am , Mr . Meehan second . The Committee voted 7-Yes 0- No .
Respectfully submitted,
Robin A Young
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Approved : Signed :
Date
Accompanying Documents in Packet : Charter Framework
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Charter 08-09 - 19
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