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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 .
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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
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Town of Brewster Office of:
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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
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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 .
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Adjournment
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IOV1. o,rFTown of Brewster Office of:
Select Board
2198 Main Street
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= Brewster, MA 02631 - 1898
r Phone : ( 508) 896- 3701
Fax : ( 508) 896- 8089
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Mr. Koch moved to adjourn at 10 : 38am , Mr . Meehan second . The Committee voted &Yes 0- No .
Respectfully submitted ,
Robin A Young
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Approved : �c Signed : d�
Date
Accompanying Documents in Packet : Charter Time sche Ll e , Flyer
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