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Home My Public Portal AboutCharter Committee -- 2019-09-12 Minutes ��a��usu�uruuxurin B W e 1iy,, 9 r Office<< of: c� all 0 % Town of Brewster Select Board � Air 491A 2198 Main Street Town Administrator o 0 In Brewster, MA 02631 - 1898 V0 -.-- Phone : ( 508) 896- 3701 Fax : ( 508) 896- 8089 'z MINUTES OF THE CHARTER COMMITTEE MEETING DATE : September 12, 2019 TIME : 5 : 00 PM PLACE . Brewster Town Office Building, 2198 Main Street PRESENT: Town Administrator Peter Lombardi, Town Clerk Colette Williams, Richard Koch, Selectperson Bingham , Karen Whitney, John Kissida ABSENT: William Meehan, 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 Ms . Bingham noted the fantastic job Chair Whitney did presenting an update to the Select Board . Discussion with former Government Studv Committee members Chris Kenney, David Whitney, Colin O' Dell and Elbert Ulshoeffer represented the former Government Study Committee , The Charter committee is interviewing various government groups to collect information on how they would like to prepare the Charter . They are using the Government Study Report as one of the documents, and discussion to assist in the formation of the Charter . Mr. Ulshoeffer asked for clarification on the Charter Committee charge . Ms . Bingham and Mr . Whitney agreed that the charge is to create a Charter document to present to the Select Board, who will vote on sending it to Town Meeting as a warrant article, as opposed to a recommendation . Mr . Koch noted that the Government Study Committee spent over 2 years interviewing staff, boards/committees, and citizen groups . He asked the members of the former committee what advice they could offer . Mr . Ulshoeffer recalls recommending the consideration of a Charter, due to the convoluted bylaws that had been pieced together over long periods of time . The retirement of a long time, 30 years, Town Administrator was a good opportunity to evaluate the delineation of authority, and consider what was working and what was problematic . Mr . O' Dell felt that there are too many opportunities for misinterpretation with the current bylaws . A Charter could be related to the building plans for a house, showing the outline and needed specifications . It shouldn' t show the color of the walls and trim , those details should all be described through the bylaws . The bylaws as they currently are too complicated . Mr. Whitney feels that the Charter defines the organization of the town; laying out of duties of individuals, administration , committees and boards and the biggest advantage that the town need ' s a guiding document to organize the town departments and responsibilities . Mr . Kenney agrees that the piece mail of the bylaws and the over scrutiny of detail on some items is confusing . Ms . Williams asked in regards of elected to appointed , the Charter is the document that goes to town meeting, then the legislature for approval . Once that is approved whatever the Charter says is the defining rule . The bylaws would be moot . Mr . Lombardi said that guidance from Town Counsel is to leave the bylaws as is until the Charter is approved . Then go back after the fact to make changes to the bylaws . Mr . Ulshoeffer related the relationship of the prior Town Administrator' s and the Select Board for example of separation of the Select Board and the Town www , brewster-ma . gov Charter 09- 1249 Page 1 of 4 { �u��WUMuux�yi� EWsry�'� �9 Town of Brewster Office of: ,� � _ 2198 Main Street Select Board Town Administrator Brewster, MA 026314898 r -� Phone : (508) 896-3701 o Fax: ( 508) 896-8089 E � wnifih►an�� Administrator' s powers and duties . Mr . Kissida asked about elected versus appointed committees and that the recommendation of the Government Study Committee was to shift to the Select Board appointing and to have no elected committees . Mr . Whitney explained that with elected vs appointed, the lack of candidates, uncontested candidates or no candidates running at all was an issue for elected membership . Professional qualifications are needed specifically for the Planning Board and Board of Health . The decisions of these Boards require a lot of expertise, and if a candidate with no previous experience wins there is a steep learning curve . The two boards mentioned have a lot of authority in town . Their decisions, if made with unspecialized education, could result in litigation that would cost the taxpayers substantial financial implications . Mr . Whitney would personally like to see the elected positions become appointed . Mr. Kissida read the report to reflect that they were in agreement to move to all appointed positions . The school and housing authority cannot be appointed . Mr. Ulshoeffer noted how long some of the members of certain committees have been sitting, and that at times elections can be construed as popularity contested . He feels the best approach was to have the Charter define how appointments were made, and move to as many appointed as possible . it was recommended that appointments be made at an advertised public meeting, so comments could be heard . Mr. Ulshoeffer explained the erroneous perception some people had that if the Select Board was the appointing authority for the Planning Board and the Board of Health for example, it could give the Select Board members too much power . It would be felonious for the Select Board to intervene or influence any board or committees . They do not have the power for decision making, only to appoint the people who do and to remove them . Mr . Odell feels it is wise to consider that people should not be allowed to hold membership on multiple policy making, regulatory committees . Ms . Bingham asked if they were to pick one bylaw changed what would it be . Mr . Ulshoeffer often wondered how the bylaws even came into effect . There needs to be a throughout review by the Town Clerk and legal counsel . Mr . Whitney would like the Select Board to have more flexibility when it comes to scheduling meeting, day of week and time of day to attempt to increase participation . Right now it requires town meeting vote to change the bylaw . Mr . Odell would like the charge of the Finance Committee reviewed . Mr . Lombardi asked them to share input on the process of their committees what worked and what could have been done better. Mr . Odell felt public input was difficult . The survey was successful . It is recommended to get as much information out as possible, as early as possible all the way until Town Meeting to reduce any opposition . Mr . Kenney reflected on his big take away from being on the Government Study Committee . He was very impressed with the caliber of the people they spoke with, notably the town' s employees . He recommends to harness all of their insights, knowledge and expertise . While it could be difficult to get input from the public it would be easier to glean it from staff members . Mr. Ulshoeffer asked the timeline of the Charter Committee . The draft of the Charter needs to go to legal by January, however Mr. Ulshoeffer feels it is too aggressive a time line to create the best possible version . He and Mr. Odell reiterated that it was hard to get input from others that did not have a direct interest in the Charter and feels the public needs to be informed . Ms . Bingham informed the group that they have taken the best point from multiple charters and copied them . There is about 20% of the document that this group needs to create . She is unsure how to get the work out to the public to inform them . Mr. Ulshoeffer gave the suggestion of the electric police display board . Mr Lombardi appreciates the feedback . They have tried to advertise on line, televise meetings, and attend other meetings for updates . Following the all- day meeting on October 5, 2019, they will be better guided on how they make their recommendations . They will utilize Brewster Community Outreach . Mr . Koch noted they are taking the high risk items, which effect the town and employees at risk first . They will have opportunity to revise the Charter, as they will not get everything the first go around . www . brewster- ma . gov Charter 0942- 19 Page 2 of 4 6E We 90 r Office of: at g. � + ., �9� Town of Brewster � � ''•,+ ;� 2198 Main Street select Board Town Administrator _ G Brewster, MA 026314898 V0 _ Phone : ( 508) 896- 3701 �'O^A�Eo Fax : ( 508) 896- 8089 fp '' '�I��/ry�Nt11MIMt11M��N�� Discussion with former Vision Advisory Group Members Patricia Hess, Carol Edmonson, and Kari Hoffman of the former Vision Advisory Committee came before the Charter Committee , Mr. Lombardi asked about the Vision process, as it was all about community engagement . The concept of a charter is pretty dry to the average citizen, he is asking what they recommended to get the involvement of the community . The Vision committee tried a process that was different than approaches tried by the town prior. The participants told them often they learned so much, that they felt like they were involved with the process . They found that people were not using the website very much and that could be improved . Their processed was a bottoms up, accessible model . Ms . Hoffman discussed the differences between the approaches . They let the people of the community build the document, not have the committee build the document from public input . The survey was very successful . They recommend eliminating the perception that this is happening behind closed doors . They utilized the children at the schools to give feedback and participation, including all ages and demographics of the citizens . Mr . Lombardi asked them to share how they did reach out to people and what was the most successful . Chair Whitney would like this process to be building off the work of the Government Study and Vision Committee has done in the past . Ms . Hess noted all the town wide organizations they could reach out to for as their best communication strategies . Ms . Edmonson would talk to anyone she could and tell them all what they were doing . Ms . Hoffman suggested some messages to capture the attention of the public and individuals . It was also suggested to refer back to the other reports created . Mr . Lombardi referred back to the Select Board annual retreat . They structured their workshop based on information relayed to them . They reinforced the vision plan in their strategic goal setting . Mr . Lombardi asked if they had ever heard discussion about a Charter in all of their past efforts . They had not . This is why the education to the public is so important . Mr. Koch wants to reiterate that just because comments will be made during meetings, it doesn' t mean that it is the consensus of the group . Discuss September and October Meeting Schedule and Updated Project Timeline Ms . Whitney has taken the Westwood charter and chunked out the chapters they might end up with and to think about for discussion purposes . The larger chart has groups A-G, grouping the various members of town government for the all -day meeting agenda . The library board was discussed and will be included in the discussion . Mr. Lombardi would like the elected boards and their staff in back to back but interviewed separately . He would like another "catch all" group at a subsequent daytime or evening meeting . Ms . Williams asked the committee what they would like for information distribution . Mr . Koch wants to make the Charter' s effects known on the individual groups . He would like a PowerPoint or document that creates specific talking points . There is the PowerPoint from legal . The list generated needs to be informed of a save the date/time, and any documents that might be relevant to their board/committee/department . Ms . Bingham requested to send out the bylaws for review as well . Mr . Koch still wants to assign certain boards and committees to each member of the Charter committee . Ms . Bingham would like a time schedule created for the full day meeting . Discuss Topics for Next Agenda Discussed in previous agenda item . Topics Not Reasonably Anticipated by Chair None www , brewster- ma . gov Charter 094249 Page 3 of 4 a`��a\�11Mu Muux/�iii OAFwsTown of Brewster � Office of: �t �''•, � �� 2198 Main Street Select Board � � Town Administrator - Brewster, MA 02631 = 1898 r 0 Phone : ( 508) 896- 3701 Fax: ( 508) 896- 8089 Future Meetings — September 20 and October 5 , 2019 Adjournment Ms . Bingham moved to adjourn at 6 :43pm, Ms . Williams second . The Committee voted 6-Yes 0- No . Respectfully submitted, Robin A Young J Approved : � It A Signed : ` ; --� - -- Date ° g Accompanying Documents in Packet : Charter Framework " www , brewster- ma .gov Charter 094249 Page 4 of 4