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HomeMy Public PortalAboutCharter Committee -- 2019-08-09 Minutes Fm INa4ovw!/*/i Town of Brewster Office oft o ' ,• �.� 9 4 Select Board til 2198 Main Street Town Administrator 9 0(A lo9 Brewster, MA 02631 = 1898 V0 Phone : ( 508) 896 -3701 40Fax : ( 508) 896- 8089 o � /y�4g4q�/FISO � 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 www , brewster-ma . gov Charter 08 -09- 19 Page 1 of 4 wlBgT ���i OU Town of Brewster Office of: o �` Select Board 2198 Main Street Town Administrator 0 to X Brewster, MA 026314898 V0 ---� Phone : (508) 896= 3701 Fax : ( 508) 896 = 8089 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 www . brewster- ma . gov Charter 08 - 0949 Page 2 of 4 \�����0\o0 J% f W 8�T 1 ���%i � P.�:;�, F Office of. ,t .* � 9 Town of Brewster Z' 2198 Main Street Select Board Town Administrator 3 ( a Brewster, - o rA � , MA 02631 = 1898 V0 Phone : ( 508) 896 -3701 Fax : ( 508) 896=8089 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 . i www . brewster- ma . gov Charter 08- 0949 Page 3 of 4 \'0Oa\p�F1 aw8°r �y�i� 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 � y�. eP004,10 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 bw Approved : Signed : Date Accompanying Documents in Packet : Charter Framework www . brewster- ma . gov Charter 08-09 - 19 Page 4 of 4