HomeMy Public PortalAboutCharter Committee -- 2019-12-13 Minutes (2) � � "{� •" T��/�� Town of Brewster Office of:
Select Board
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o ra Brewster, MA 02631- 1898
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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
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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
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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
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ov, Town of Brewster Office of:
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oU Is u = Brewster, MA 02631 - 1898
w Phone : (508) 896-3701
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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
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