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Home My Public Portal AboutCharter Committee -- 2019-11-15 Minutes a�p0 11UTAtlU %jj "" 9a@Wer 444 „PvF Office of: Town o Brewster 0 0 '�.� 9 Select Board fi3It 2198 Main Street Town Administrator O Brewster, MA 026314898 r ---= Phone : ( 508) 896- 3701 Fax: ( 508) 896= 8089 �%L4/iPjM ROOM 1NIIIHIINIIN MINUTES OF THE CHARTER COMMITTEE MEETING DATE : November 15, 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, own Moderator Charlie Sumner, Cindy Bingham, William Meehan Call to Order Chair Whitney called the meeting to order at 9 : 02 am . Public Comment No discussion Discussion with Deputy Assessor James Gallagher, Deputy Assessor of Brewster reviewed the consensus from the Board of Assessor' s that the hiring of the Deputy Assessor should remain the responsibility of the Town Administrator with input from the Board . Under the oversight of the Finance Department, due to the municipal modernization act, the Deputy Assessor currently reports to the Town Administrator but works closely with the Finance Team . Ms . Bingham asked if Mr . Gallagher had ever worked in a different reporting structure . He has always worked under this " umbrella . " Mr . Lombardi recalled that the consolidation of the departments came from the "opt- in " to initial municipal modernization act . Each of the "team members" report to the Town Administrator . This structure is typical in a larger organization . Mr . Koch asked Mr . Lombardi what the reporting structure differences are if the Finance Director has oversight as opposed to the Town Administrator . The reporting structure of department heads is better as a peer to peer structure, especially if a possible difference of opinion occurs between staff. The Board of Assessors are appointed by the Select Board for 3 year terms, and Mr . Gallagher and the Board of Assessors feel that system is working as it is . Discussion of Feedback from Board of Health Amy von Hone, the current Health Director, emailed feedback from the Board of Health . The consensus was that they would like to remain as a five membership with 3 year, elected , with no term limits . They do think appointed associate members would be beneficial , and that they should be appointed by the Select Board by recommendation of the Board of Health for a term of no more than 2 years . The process for the filling of vacancies with the Select Board appointment until the next election should remain as is . The Health Director should remain hired by the Board of Health , with personnel issues handled by the Town Administrator . With respect to the recall section , the Board of Health would like the provisions of absenteeism and unpreparedness included . In other charters the recall section refers to the state statue . Mr . Meehan feels www . brewster-ma . gov Charter 114549 Page 1 of 3 awe *,4u�y�i � aQTown of Brewster Office of: aO of •+• 9 Select Board �3 .� +. 2198 Main Street Town Administrator o - Brewster, MA 026314898 V0 - Phone : ( 508) 896-3701 Fax: ( 508) 896- 8089 lot au��"� recall is subject to possible litigation . He would prefer a definition that is close to MGL . Mr . Koch questioned the " policy and regulatory oversight" section and would like clarification . The hiring of a Health Director by a Board and not the Town Administrator is a different process than most other department heads . Mr . Koch is supportive of the Town Administrator preforming the hiring of all staff for a variety of reasons . He questioned if that should be placed in the Charter or defined in a bylaw . It has been a consistent request that the boards and committees would like to be involved in the hiring process . Specific language in regards to that should be included . Ms . Williams asked if it is difficult to define the separation of powers with oversight . It is hard to distinguish what is an administrative issue versus a regulatory issue . This section will need to be very specific . Ms . Bingham asked if it is a state law for the Board of Health to hire the Health Director . The charter is intended to resolve conflicts between state law and current bylaws . Mr . Meehan brought up the Department of Revenue recommendation to have a consolidated Human Resources position . Mr . Koch wants any issues between boards and employees to be dealt with through the town administrator not directly with the employee . If it is to remain status quo, then the Board of Health would remain the hiring authority for the Health Agent . This will be a difficult dynamic as the one employee from the Town who is hired differently . Ms . Williams would like to present both sides to the public to have the community weigh in . Discussion of Feedback from 11 / 14/ 19 Brewster CommunitV Network Forum Ms . Whitney noted the forum was well attended . She discussed the need for funding for the Charter with the attendees . Mr . Lombardi noted that the public attendance had the questions "What is a Charter" and "Why do we need one ?" Basic public education will be needed to explain these issues . Review of Report and Brochure for Special Town Meeting The packet included a couple versions of the brochure that will be distributed at Town Meeting . The report is a derivative of the topics on the brochure . The committee discussed the language of the sections in the brochure and made edits . An agenda item will be placed on the next meeting agenda to discuss the possibility of approval of the charter by both town meeting and ballot vote . Legal counsel will be at an upcoming meeting, and it would be beneficial to provide her with a draft framework . It needs to be clarified to the public that the Charter will exist as well as the current Town Bylaws . Mr . Koch moved to approve the brochure as amended , Ms . Bingham second . The Board voted 7-Yes 0- No . Review of Draft Charter Chapter Frameworks by Committee Members, Chapters 8 and 9 were included in the packet . Chapter 8 incudes only updated information . As of now there is no existing policy to review the current bylaws . A review and update should be held every 10 years, on years ending in 5, opposite of the Charter review . It would be a systematic review of the bylaws to remove conflicts . Mr . Meehan moved to approve Chapter 8 as presented , Ms . Bingham second . The Board voted 7- Yes 0- No . Chapter 9 refers to Charter revisions . It would be reviewed every 10 years, on years ending in 0 . The committee size will be no fewer than 5 and no more than 9, appointed by the Select Board . Mr . Meehan moved to approve Chapter 9 as presented , Ms . Bingham second . The Board voted 7 -Yes 0- No . This outline www . brewster- ma . gov Charter 114549 Page 2 of 3 18' ��Ul qlF w�lGi i t�1 � r yfi flown of Brewster Office of: +* ; _ ,• •�, ; 2198 Main Street Select Board Town Administrator O " Brewster, MA 02631 - 1898 Phone : (508) 896-3701 40 Fax : ( 508) 896- 8089 4��wM/l/tNlAMt1111141111�� will be used moving forward for other chapter discussion , with modifications to the titles . Mr . Meehan noted there are inconsistencies with MGL and how things are done In Brewster . There was discussion within the Finance Committee on what should be Charter, Bylaw, and Policy . Certain conflicting bylaws for Boards and Committees will be removed if the Charter is established . Then the governance will be Charter, then Policy. Discussion of how the Town Budget is presented and how it should be presented was had by the Committee . Mr . Koch noted that the recommendations from a department or a committee will be considered by the Charter committee, but will not definitely be what is memorialized in the Charter document . Mr. Sumner would like the best practice utilized, not just how things are done now . The Town Administrator chapter has been reassigned from Mr. Sumner to Chair Whitney. Discuss General Community Outreach Strategy Ms . Bingham would like an info session on the Charter aired on BGTV, or have additional written information displayed before the Charter meetings start . Lower Cape TV produces 540 minute interviews that could be aired . Posters could be updated . A "Charter specific" Men 's Club meeting should be offered to the group . The Vison Advisory Group had a comprehensive list of groups that could be utilized by the Charter Committee . Print media will be utilized once a draft document has been produced . Review, Discuss and Approve November 1 . 2019 Meeting Minutes Ms . Bingham moved to approve the November 1, 2019 meeting minutes, Mr . Meehan second . The Board voted 7 -Yes 0- No Topics Not Reasonably Anticipated by Chair None Future Meetings . December 6 & 13 at 9 a . m . Adlournment Mr. Koch moved to adjourn at 10 : 28am, Mr. Meehan second . The Committee voted 7-Yes 0- No . Respectfully submitted, Robin A Young / Approved : 12 , (A l 4l. Signed : t--� t� �-, G�•�---► Date Accompanying Documents in Packet : Charter Time schedule, Flyer www . brewster-ma . gov Charter 114549 Page 3 of 3