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HomeMy Public PortalAboutCharter Committee -- 2019-11-01 Minutes p�Q\�U1WIpuNNW1A%% $pEINe ,,, �9 Town of Brewster Office of: 2198 Main Street Select Board = Town Administrator 00 w Brewster, MA 02631 - 1898 V0 --= Phone : (508) 896- 3701 Fax : ( 508) 896= 8089 y�Wk/4 � 1INIIlu1101\u`Q`\ \\a 41 i MINUTES OF THE CHARTER COMMITTEE MEETING DATE : November 1, 2019 TIME : 9 : 00 AM PLACE : Brewster Town Office Building, 2198 Main Street PRESENT : Town Administrator Peter Lombardi , Town Clerk Colette Williams, Richard Koch, Karen Whitney, Town Moderator Charlie Sumner, Cindy Bingham , Cindy St . Amour, William Meehan, Eileen Bergquist, Marilyn Bernardo, Lisa Vitale Call to Order Chair Whitney called the meeting to order at 9 : 02 am . Public Comment No Discussion Discussion with Brewster Ladies Library Association Eileen Bergquist, BLL President and Cindy St Amour Library Director prepared statements in response to the email invitation that was sent out in September . Brewster Ladies Library Association is a nonprofit corporation that has no affiliation with the town of Brewster . They operate under their own bylaws . Mr . Lombardi noted that the Government Study identified the relationship with the library and the town . The town funds 75 % of the budget, and the employees are not technically town employees but they are unionized . The lease of the building agreement goes until 2025 . There was discussion on what the future Charter will reference and what the lease agreement should be . They feel the current union and lease is working well . Their Board ' s terms are reelected every 3 years . They would like to see stronger liaisons with the Town . Mr . Koch asked them to explain to the public their negotiation process . Ms . St . Amour explained that library employees are treated as town employees, they are paid by the Town and the personnel is directed through the Town Administrator' s office . Her specific contract is different as she was hired by the BLL Board . She has an annual evaluation and review by the BLL board and it is given to the Town for her personnel file . Mr . Lombardi pointed out that a number of positions with - in the Town are hired by a board or committee . State statues govern that the Library Board hires the Library Director . The union agreement and contracts are executed by the BLL Board , with the Town Administrator assisting in the hiring process . The lease agreement in place is not being discussed for change at this time . Mr . Lombardi noted a major capital project for the library is forthcoming . Is there clarity in the lease agreement for town ' s investments to the property ? The next lease agreement is due in 2025 , and that should be mentioned in that document . Mr . Koch mentioned that there is a shared parking lot agreement with the neighboring church . There was a positive collaborative effort in that decision , but it needs to be clarified the roles of responsibility for the parking lot . www , brewster-ma . gov Charter 11 -0149 Page 1 of 5 a�\o�uiuuu��unuru�„ �gf 9AL��gr�ya� Office of: 9 Town of Brewster to ��'•,+� 2198 Main Street Select Board 3 a Town Administrator Brewster, MA 02631 = 1898 r - Phone : ( 508) 896=3701 Fax: ( 508) 896-8089 Discussion with Finance Director and Treasurer /Collector Marilyn Bernardo, Finance Director and Lisa Vitale the Treasurer/Tax Collector joined the discussion . Ms . Bernardo would like to see the Charter Committee consider the change of the oversight of the IT director position moved from her department, feeling it would be best placed under a different reporting structure . The DOR report agrees with that recommendation . Mr . Meehan feels that the IT department is understaffed the role needs a careful review and professional management consideration . Ms . Vitale feels there are conflicting bylaws with the Treasurer/Collector position . She is reappointed every 3 years, and would like to see this changed as this is the only position in the Town that has to follow that process . Mr . Sumner noted that the Town Accountant used to be the Computer Manager and that is how that evolved into the IT Director being under the Finance oversight . The Town Clerk, Treasurer/Collector used to be elected positions before they became appointed . It is a highly technical job that was changed by special legislation to appointment by the Select Board . Ms . Williams explained that the Town Clerk and the Building Commissioner were changed to indefinite appointment, and the Treasurer/Collector should be changed to that as well . Article 23 in the Town ' s By- law is conflicting that the Town Accountant cannot be the Treasurer/Collector . The assistant would be the Treasure/Collector' s replacement if she was unable to perform her duties or an interim , as the Accountant cannot perform many of her duties, such as handling of money . They should not report to each other, but to the Town Administrator . The number one recommendation from the Department of Revenue was to correct the By- laws that are conflicting and the reporting authority . Payroll and Benefits are handled in the Treasurer/Collector office currently, but could be handled in a different department if more appropriate . Ms . Bernardo will look at other Towns to find a suitable model for the Charter . Warrant signing by the Select Board and the administrative signing authority has caused a delay of issuing of checks in the past . Under the Charter they can place a number threshold for allowance of someone else other than the Select Board signing a warrant . Language regarding the number or specific circumstance would define allowance for the Town Administrator to sign a warrant . The Finance team will discuss the topic at their next meeting . Mr . Lombardi also wanted to mention that Ms . Bernardo' s position is not just an Accountant but a Finance Director . A better way to define that roll would be to include the Finance Director in the budget process section of the Charter . It was a consensus that these positions should remain appointed . As for as personnel management there are conflicting provisions ; Ms . Vitale reports to both the Town Administrator and the Finance Director under both the current By- law and due to the adoption by the Town of the Municipal Modernization Act . The appointing authority should be clarified . Follow up on October 5 Meeting and Next Steps Mr . Lombardi referred to the initial framework that was drafted by Chair Whitney . Feedback has been submitted , and the framework should be elaborated . Ms . Bingham would like to start that process given the large amount of information they have been given . Mr . Koch would like the public to be educated on what the outcome of the draft form is and solicit feedback . Mr . Meehan thinks some sections of the Charter will www , brewster- ma . gov Charter 11 -0149 Page 2 of 5 i Town of Brewster Office of: Select Board 2198 Main Street Town Administrator C Brewster, MA 026314898 V0 ---� Phone : ( 508) 896-3701 o Fax : ( 508) 896- 8089 ' lkw �P�Polo"* .� $,wMinr�rnMiomiana��\�'' be more difficult to craft than others but that shouldn 't slow the process . The committee discussed if they are ready to draft motions that the topic will be on the next agenda . The framework will be elaborated , and minutes from prior meetings will be distributed . Ms . Williams provided a draft version of her attempt for discussion at the next meeting . Mr . Meehan will discuss the Charter recommendation with the Finance Committee, and collect responses . Ms . Bingham will do the same for the Select Board . Mr . Koch asked for a timeline from town counsel on how long a turnaround it would be for their review of a draft document . Mr . Meehan would like to provide completed chapters to Town Counsel as they finish them , not give them one entire document when completed . The Town Meeting report will be to set a timeline to the residents, to explain who has been spoken to up to this point and about what topic . This will be discussed further in the meeting . Discuss Feedback from Board of Assessors and Planning Board The Board of Assessors submitted feedback, and responded to the question regarding consolidation of personnel management . It was noted the conflict of the State law and the current By- law . The Board of Assessors thinks that the hiring of the Deputy Assessor should be hired by the Town Administrator with feedback from the Board . That is the general agreement from most Boards . Mr . Meehan generally agrees they should leave the appointed and elected Boards and Committees as such . All positons are important, and appointed positions work just as hard as elected ones . Mr . Lombardi noted that was a 45 minute discussion by the Planning Board . They would like to remain a 7 member elected Board . The Planning Board feels term limits should not be imposed and there is no need for associate members . Filling vacancies should stay appointed by the Select Board until next election . The Town Planner should be hired by the Town Administrator with input from the Planning Board . They would like to be included in the annual review of that position . Mr . Sumner would like to refine that to representation of the Board not the entire Board . Town Counsel will be consulted for personnel matters and the process . The term of Planning Board members is 5 years, and after a lengthy conversation on the topic the Planning Board would like to move to a 3 year seat for 2 members and 5 year seat for 5 members . This is a combined concept in place of having an associate membership . The Charter committee unanimously agreed that was a good plan . Discuss Charter Assignments 11 chapters of the Town Charter were distributed for further review and updating with in the current framework . The assignments were as follows : Powers of the Town : Chair Whitney Elections, Recall and Town Meeting : Ms . Williams Select Board : Ms . Bingham Town Boards : Mr . Lombardi Departments : Mr . Koch /Chair Whitney Chief Administrator Officer of the Town : Mr . Sumner/ Mr . Koch Financial Provisions : Mr . Meehan www . brewster-ma . gov Charter 11 -0149 Page 3 of 5 \SON log" aa� / 06L �H Office of: " 0 Town of Brewster o . Select Board A % 2198 Main Street Town Administrator 00 (06 Brewster, MA 026314898 V0 Phone : ( 508) 896- 3701 Fax : ( 508) 896-8089 its 4jjU�M/ry1H111 M 111 11111\u\��� Town Bylaws : Chair Whitney Charter Revision : Building on other towns with committee comments Transitional Provisions : Chair Whitney Severability : Chair Whitney Discuss and Prepare for Report to Special Town Meeting The report to Town Meeting will be a synopsis of what a Charter is, the charge of the Committee, and a timeline of what has been done to date . They will discuss the differences in how a Charter would affect operations as opposed to how they are done today . The fact that in most cases it would supersedes MGL should be made a point . Mr . Meehan would like to address that once a Charter is adopted , there will be changes in how new code is created . It takes 2/3 majority to change any provisions of the charter, unlike a bylaw . A draft statement and draft brochure will be prepared for November 15 , 2019 meeting . Consideration should be given to having the Charter approved both at Town Meeting and ballot . A recommendation should be made to the Select Board for consideration . An item will be added for discussion and consensus to the next meeting' s agenda . Discuss General Communitv Outreach Strategv Brewster Community Network will be holding a forum on November 14, which will cover town meeting topics . Chair Whitney will discuss with Mr . Powicki if there is an opportunity to present a preview . The committee agrees this is advantageous . The Charter Committee will hold upcoming community forums of their own . Mr . Lombardi hopes that BCN invites the Committee for another, or multiple forums, along the process . Mr . Koch would like to have a presentation at the Library when they are ready . A timeline should be drafted for meetings to involve the public, and then be communicated to the Residents once Town Council has reviewed any documents . Ms . Bingham would like the Men ' s Club to be considered as a meeting for public communication . An invitation to all who would like a presentation on the Charter will be verbally announced at Town Meeting . Review, Discuss and Approve October S . 2019 Meeting Minutes Ms . Bingham moved to approve the October 5, 2019 meeting minutes, Mr . Meehan second . The Board voted 6 -Yes 0- No . Topics Not Reasonablv Anticipated by Chair The vacancy on the Board will be placed on a Select Board agenda for their consideration . The consensus of the Charter committee is that it should not be filled at this stage of the process . Future Meetings : November 15 at 9 a . m . I i Adjournment www , brewster- ma . gov Charter 11 -0149 Page 4 of 5 a�011HHWUNWry//Ui IOV1. o,rFTown of Brewster Office of: Select Board 2198 Main Street a Town Administrator = Brewster, MA 02631 - 1898 r Phone : ( 508) 896- 3701 Fax : ( 508) 896- 8089 yjn E�siq $ ISO ���M/I111ryI i111IH11W�u�Q\\ Mr. Koch moved to adjourn at 10 : 38am , Mr . Meehan second . The Committee voted &Yes 0- No . Respectfully submitted , Robin A Young is r , Approved : �c Signed : d� Date Accompanying Documents in Packet : Charter Time sche Ll e , Flyer www , brewster-ma . gov Charter 11 -0149 Page 5 of 5