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HomeMy Public PortalAboutCharter Committee -- 2019-12-13 Minutes (2) � � "{� •" T��/�� Town of Brewster Office of: Select Board 2198 Main Street Town Administrator o ra Brewster, MA 02631- 1898 r o Phone : (508) 896-3701 to Fax: (508) 896-8089 �y�#jr1IMOtIliflAll \\ ' Il ql ?Ai MINUTES OF THE CHARTER COMMITTEE MEETING BREtISTER r(11IN CLERK DATE . December 1 % 2019 TIME : 9 : 00 AM PLACE . Brewster Town Office Building, 2198 Main Street PRESENT : Town Administrator Peter Lombardi, Richard Koch, Karen Whitney, Charlie Sumner, William Meehan Call to Order Chair Whitney called the meeting to order at 9 : 02 am . Public Comment No discussion Discussion of Format and Presentation Options for Proposed Charter Warrant Article Lauren Goldberg of KP Law sent Mr. Lombardi an email with her opinions regarding the discussion of how the article for the town meeting warrant should be drafted and what could transpire at town meeting . Chair Whitney was asked if the article for the Charter would be able to be amended on Town Meeting floor. The scope of what could happen at town meeting and what the warrant article would look like was discussed . No amendment that includes zoning can be made on town meeting floor, but there is no zoning related matters with in the charter . It would not be able to be amended to include any . Mr. Sumner will not moderate this article because he is on the committee . Mr . Lombardi paraphrased the email on what can be included in the scope of the article . An article to vote on a whole charter, or base charter with options could be presented at Town Meeting , Mr . Sumner thinks a single article would be the best presentation at Town Meeting . If there are proposed amendments, the amended main motion could be voted on . If something controversial arises with in the process between now and then, they could change their decision on that approach . Mr . Meehan is more concerned with a failure of the vote, than the length of discussion at Town Meeting , Further Discussion and Vote on Committee' s Recommendation Regarding Whether to Send Charter to Ballot for Approval by Voters at Large After anv Approval by Town Meeting Ms . Williams had polled other Town Clerks across the state on what approval process had taken place in other towns . Most that replied had an elected charter commission , who had the charter included on the ballot vote . She is reaching out to other communities that had a Charter Committees for more information . Mr . Koch asked if they could poll town meeting floor to see if the consensus is to take it to the ballot for additional vote . Mr . Sumner initially thought a ballot question would be a good idea , but the form of governance in place currently was mostly all approved at Town Meeting only. Mr. Lombardi agrees that amendments to the Charter can be made on town meeting floor . If it is sent to ballot and it fails, there is no explanation of the reasoning why . It would be hard to reset and bring back a different version of the Charter www . brewster" ma .gov Charter 124649 Page 1 of 4 ��p�OUuuu1£ W Njp�G�i IO $ r�9 Town of Brewster Office o O +o +,* . Select Board t •, ;' 2198 Main Street Town Administrator o " W Brewster, MA 026314898 r w Phone : (508) 896- 3701 Fax : ( 508) 896-8089 ^"^ �M���111111NIOAAu����\� without information why it was not initially approved . Chair Whitney noted that this committee was appointed by the Select Board after recommendations from the Government Study Committee and the DOR to create a Charter . Vote on how to proceed will be deferred to the next meeting with a full committee, and once more information from the Town Clerk is available . Discussion of Town Clerk Position Chair Whitney summarized that in 2009 the Town Clerk announced that she would not see re- election . The position was converted from elected to appointed by the MG41 s1 B procedure which gave appointment power of the position to the Select Board , Mr . Sumner noted how close the vote was on the Town Code change from the Town Clerk going from being elected to appointed . Mr . Koch would like to see that the Town Administrator hire the position , with Select Board approval as an advise and consent model , as the Police and Fire Chief positions are . The final approval by the Select Board should happen within a defined short time period . This wording will be included in the Department or CAO chapter framework for legal review . Review and Approve of Draft Charter Chapter Frameworks by Committee Members Chapter 1 & 2 were approved at the last meeting . Chapter 7, Boards and Committees Appointed by Moderator, was reviewed by Mr . Meehan . Section 1 and 2 were taken from the Westwood Charter . It is the consensus of the Finance Committee that they adopt the current town bylaws into the Charter, as he feels they are the most comprehensive versus the other communities he reviewed . The title " Finance Committee" should remain . A charge for the committee could be drafted but not included in the Charter . In the Duties section , it should be added that the Finance Committee will prepare a comprehensive summary of the current condition of the Town ' s finances to be presented by the Finance Committee to the voters at the annual town meeting . Associate membership is not needed for this committee . Mr . Lombardi reminded the committee that this chapter will provide some detail on the budget process & timeline, so it will be expanded at a future meeting after additional discussion with the Finance Committee . MGL law states the Finance Committee presents the budget to the Town . This is a broad statement that could be interpreted in different ways . The Finance Committee has traditionally offered their report at town meeting . This could be formalized in the Charter . The Select Board will also have to be considered in this process . Further discussion will be taken up at another meeting . Mr . Meehan moved to accept this section of Chapter 7 as amended , Mr . Koch second . The Committee voted 5 -Yes 0- No . Chapter 5 , Town Boards, was read by Chair Whitney . This title should be considered for revision . The changes included changing the Moderator appointment from a 1 year term to 3 year term . The Planning Board , the Board of Health and the Recreation department would need clarification for a final draft of this chapter . Mr . Lombardi likes the language from the Sandwich Charter section 4 . 7 a , which gives the Select Board the authority to amend appointed town boards charges as needed . The town by- laws should be reconsidered if www , brewster-ma . gov Charter 124 & 19 Page 2 of 4 04 Townof Brewster Office of: o o° •+• 9 Select Board f 41! A % 2198 Main Street Town Administrator Mo m = Brewster, MA 02631 - 1898 VO Phone : ( 508) 896- 3701 fro Fax: ( 508) 896-8089 the charter is adopted . In section c, there is a provision regarding a member missing 3 consecutive meetings and the option of removal from the board by the Select Board . Mr . Koch feels there should be a reference to cause for this matter . In the language specified there is the caveat that requires a member to obtain permission of the chair of the committee to miss 3 or more consecutive meetings . Mr . Lombardi noted how difficult it is to find residents to serve on boards and committees as of now . The last sentence of c will be added to the questions remaining section . Mr . Meehan also noted that a reference to Town Moderator appointments should be included in this chapter and appendix . Mr . Koch would like to amend section 54 to add the Town Constable . Mr . Meehan moved to accept the chapter with proposed changes, Mr . Koch second . The Committee voted 5 -Yes 0- No In regards to the Department chapter, feedback was submitted by Select Board member Ben deRuyter . He would like centralized hiring in the Town Hall, with - in a professional Human Resource department . The Fire and Police Chief should be recommended by the TA, with final acceptance by the Select Board . Police department personnel and Fire department personnel should be hired by their respective chiefs, with advice and consent from the Town Administrator . This chapter is still under review by the Select Board for a consensus . The interactions of departments with the CAO and the Select Board needs to be flushed out, along with financial provisions section . Mr . Koch , had a conversation with the current Police Chief about the Constable position . He does need to communicate with the current Constable . There are two ways to approach the positon ; leave as an elected position , with a strong definition of the allowed powers, or make it appointed and have the position under the Police Chief. He would like to see it remain elected , but limit the scope of power to a civil process . No involvement of arrest or use of force should be allowed in the role . He would like legal to review, limit and define the position and role . Changing the Constable term to 3 years shall be amended . Mr . Lombardi discussed the Emergency Manager position with both the Fire and Police chiefs . The Town Administrator would default as the Emergency Manager which eliminates any political interference . The role could be further defined in a bylaw as opposed in the Charter . This role has developed over the years to become a Cape wide initiative with many training opportunities . There should be no influence by people who are not professionally trained to handle these matters . This will be deferred to legal for counsel on if the role should be involved in the charter or in the bylaws . Currently under state statute the Chair of the Select Board is the Emergency Manager, and if this is going to be changed it will need to be addressed in the charter . Discuss Communication Plan Chair Whitney attended the Republican Committee Meeting last week . She gave an overview of her presentation , and how changes to the current bylaws by the Charter would be defined to the audience . The public will want to know why the changes proposed came to be . A section on "why is that necessary" should be added to the presentation . Mr . Koch feels that can be divided amongst the committee by assignment of the Chair to members . A video presentation , can be recorded . Chair Whitney would like guidance from the committee on format . Mr . Koch would like a pod cast, Q & A style online . Mr . Lombardi wanted to know if it www , brewster-ma . gov Charter 124649 Page 3 of 4 ov, Town of Brewster Office of: .� Select Board �t +, ; 2198 Main Street Town Administrator oU Is u = Brewster, MA 02631 - 1898 w Phone : (508) 896-3701 'X� e►o�►�'° �`` Fax: ( 508) 896-8089 e� o� /jU/M//Iry I d H kill would wait to record a longer format interview until there was an initial draft of the charter . Ms . Bingham had mentioned at a prior meeting that she would like a short PSA for airing prior to meetings on TV and online, and this could be done prior to a draft charter . The discussion last meeting of waiting until fall Town Meeting as an alternative to spring Town Meeting or a special standalone Town Meeting was had to determine what would be the most positive received method . Discussion would need to be extended at spring meeting, due to the amount of items on the warrants . Mr . Koch would like to update the Select Board as soon as possible the decision to extend the work of the committee until the fall . Mr . Lombardi would like to advise the Select Board following the new year . This should be decided at the next meeting . Mr . Koch would like attendance numbers from both spring and fall town meetings . Review, Discuss and Approve December 6. 2019 Meeting Minutes Chair Whitney amended the minutes . Mr . Koch moved to approve the minutes as amended , Mr . Meehan second . The Committee voted 4-Yes 0- No 1-Abs . Mr . Sumner was not at that meeting and abstained from vote . Topics Not Reasonablv Anticipated by Chair No discussion . Future Meetings : January 3 at 9 a . m . , January 17 at 9 a . m . , January 31 at 9 a . m Adjournment Mr. Koch moved to adjourn at 10 : 23am , Mr. Meehan second . The Committee voted 5 -Yes 0- No . Respectfully submitted , Robin A Young n _ Approved : Signed : Dat Accompanying Documents in Packet : Charter Time schedule, Chapters 1, 2 , 5 and 7, email from KP law, Town Clerk Position information, email from Ben deRuyter www , brewster-ma . gov Charter 12- 1649 Page 4 of 4