HomeMy Public PortalAboutCharter Committee -- 2019-12-06 Minutes �\1U\UUIUpU UNUNpf�ul
so "Fo W�, Town of Brewster Office of:
,* •* ' Select Board
2198 Main Street
a Town Administrator
p uy Brewster, MA 026314898
Y Phone : (508) 896-3701
Fax: (508) 896 -8089
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MINUTES OF THE CHARTER COMMITTEE MEETING RRD) STER T0141.1 CLERK
DATE . December 6, 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, Cindy
Bingham , William Meehan
Call to Order
Chair Whitney called the meeting to order at 9 : 02 am .
Public Comment
No discussion
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
Chair Whitney reviewed the information distributed at prior meetings from legal counsel . The DOR report
acknowledges that there needs to be no ballot vote in addition to Town Meeting approval for the Charter,
however as a matter of practice almost all communities also include a ballot vote . Mr. Lombardi suggests
surveying other communities to find out which have gone to ballot and the results for approval at both Town
Meeting and at the ballot . There is not a case where legislation has not approved the adoption of a Charter,
which has been approved at Town Meeting only . Mr . Koch initially was in favor of having a ballot vote,
however now he doesn 't see it as a necessity . He would like the opinion of Town Counsel . This item , if it is
the only item on a ballot, would potentially produce a low number of voter turnout . The Committee will vote
on this decision at a later meeting. Ms . Bingham feels the residents will have the opportunity to ask
questions about the Charter at spring Town Meeting, Mr . Meehan invited placing the Charter in its entirety
in the spring Town Meeting warrant book, and potentially request that the moderator extend the time of
debate . The Select Board will ultimately decide if this item will go both before Town Meeting and on the
ballot . Mr . Lombardi queried if the spring Town Meeting would be the best time to bring the Charter forth,
or at a separate special town meeting . The extra time to generate the document could be beneficial . A
separate Special Town Meeting could run in the price of around $4000 . 00 . Fall Town Meeting could be an
option . Chair Whitney believes a Town Meeting would suffice for the vote . Ms . Williams will query other
town clerks to find out if they had a vote at the ballot, and if it was successful . This item will be placed on the
next upcoming meeting agenda .
www . brewster-ma . gov
Charter 12- 0& 19
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0\ 0A 8r % Office of:
4t ;�: �9 Town of Brewster
o �� 2198 Main Street Select Board
_ : *�, i Town Administrator
Brewster, MA 026314898
40 r Phone : (508) 896-3701
Fax : ( 508) 896- 8089
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Review and Approve of Draft Charter Chapter Frameworks by Committee Members
In the packet there are 4 draft chapters for discussion .
Chapter 1, Powers of the Town , is based on Westwood ' s charter . There was discussion on if Town
Administrator title will remain or a possibility of changing the title to Chief Executive Officer, and the
implications of a title change . Mr . Meehan moved to approve Chapter 1, Mr . Koch second . The Board voted
&Yes 0- No .
Chapter 6, Departments, would change the appointing authority from the Select Board to the Town
Administrator for hiring appointments . Each Chief, of the Police and Fire department, would be included in
the hiring process for consent of the candidate . In the case of the either Chief' s position , the
recommendation of appointment would be made directly to the Select Board by the Town Administrator in a
timely manner . Changing the hiring process would centralize human resources, advertising, and annual
reviews with in Town Hall . This approach will clear up inconsistencies of the current practice . The Constable
position takes direction from the Town Moderator at town meeting under current regulations . A constable
and assistant constable under this chapter version would only have civil authority only, not criminal . The
term for a constable could be expanded from 1 year to 3 year . The committee discussed to whom the
constable would report to, either the Town Administrator or the Police Chief. There are other appointed staff
in the current by- laws, and there should be consistency . The Select Board has not yet come to a consensus
on their position for hiring authority . Mr . Lombardi would like it to be specified the role of the Police Chief, in
order to clarify that both Chiefs have the authority to promote with input from the Town Administrator
during the process and final consent . The promotional process should be clarified in the Charter as well, to
ensure it is a fair and transparent process . Mr . Koch asks that the current Town Administrator and Police
Chief meet with the current constable, and bring forward additional information . The history of the
Emergency Manager role was discussed . Mr . Koch feels this role should be filled by the Town Administrator .
Mr . Lombardi will review the discussion with the current Police and Fire Chief for their opinion on the
matter, and the discussion from the October 10, 2019 meeting will be reviewed . Mr . Lombardi would like a
Deputy Emergency Manager role added as well . The Department of Municipal Finance and the Planning
Department need consideration . The Treasurer Collector' s reporting oversight, and the IT department' s
reporting oversight was discussed . The consolidated municipal finance department' s statue was adopted by
Brewster a few years back, which changed the reporting structure . The separation of duties with the
Treasurer Collector' s office and the Finance Director needs to be clarified . The Finance Director should not
oversee the Treasurer Collector but work in conjunction with one another, each reporting to the Town
Administrator . The recommendation of the DOR is that both the department heads return to oversight by
the Town Administrator . The committee reached a consensus that the IT Director report to the Town
Administrator . The committee reviewed the Planning Department, and the Town Planner job description . A
compensation classification study was approved at last Town Meeting, and will be contracted to be
performed in the upcoming year . The Charter will outline the responsibility of each department but not
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Charter 12- 0649
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define the roles of each employee . Ms . Williams would like to see the Town Administrator as the hiring
authority for all staff positions, as does Ms . Bingham , Mr. Meehan would like to amend that to add final
approval of the Police and l= ire Chief given by the Select Board . Consideration was also given to that some
departments are being defined in the charter while others were not .
Chapter 3, the Select Board , language was taken from current local bylaws, Provincetown , Sandwich and
Plymouth Charters . Approval of annual meetings with the Finance Committee and the Brewster School
Committee were added . Mr . Koch would like to add the Regional School committees to that as well . Mr .
Lombardi does not want it defined to once a year, language will state that it is no less than once . Mr.
Lombardi would like it to be a full joint committee meeting, not just the Chair and Superintendent of each
committee . Licensing authority of the Select Board is consenting to allow the Town Administrator to issue
one day licenses, while retaining annual license approval by the Select Board . The Select Board could set a
policy to delegate authority once the Charter was drafted . Goal setting deadlines were discussed by the
Select Board , and a date of before July 31 was determined . A strategic plan for the Select Board policies and
goals should traditionally be drafted and posted following these meetings . Mr. Koch does not feel this needs
to be included in the Charter, but should be a policy . Ms . Williams asked for clarification on the language
"generally distributed to all residential voters" and what that implies . Mr. Lombardi would like to delete that
sentence . Mr. Meehan would like to remove this from the Charter as well . Ms . Bingham finds it valuable and
would like it to remain . Mr. Lombardi asked how many charters they reviewed have similar language . Section
4b, Appointing Authority, is still to be determined in relation to the department' s chapter . The DOR
recommends removing the Personnel Committee . The position of the Town Clerk needs to be considered by
the Select Board . The Town Clerk was changed by MGL 41B from elected to appointment by a Town Meeting
and ballot vote . This will be further discussed at an upcoming meeting . Ms . Bingham shared her chapter with
Mary Chaffee, who changed the formatting of the chapter, it would entail changing the entire formatting of
the Charter . The formatting will be deferred to legal counsel .
Town Clerk, Chapter 2 ; Town Meetings and Elections was reviewed , Past practices were added to codify
them , changes in submittal timelines for warrant article inclusions, and quorum requirements were added . A
Deputy Moderator will be added in case the current Moderator is unable to fill his duties, appointed by the
Moderator for the same term period . The recall is the existing recall bylaw in place . Mr . Koch moved to
accept this chapter with the language of the deputy moderator added, Bingham second . The Board voted 5 -
Yes O- No
Discussion of Feedback from Recreation Commission Regarding Prellminary Draft Charge
The Charge for the Recreation Commission was distributed . The appointing authority of this commission
needs to be clarified . This information will be added to the section on Committees and Boards . Mr . Koch
would like this to be consistent with the Town Administrator, or CAO, as single point of hiring authority of
the Recreation Director, with input from the Recreation Commission . As a board that handles funds, should a
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Charter 12-0649
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p� ,i VL _* ., � Town of Brewster Office of:
2198 Main Street Select Board
> Town Administrator
p �� Brewster, MA 02631- 1898
VO --= Phone : (508) 896-3701
Fax: ( 508) 896- 8089
required audit process be added ? This will be deferred to legal . There is one comprehensive audit that is
done for the town that includes all revenues .
Discuss Communication Plan
The Vision Advisory Group plan was provided to the committee for reference . A goal of the committee is to
have a taped information session . A moderated discussion session can be held . A discussion with the Select
Board about extension of the Charter committee' s meetings, and deferral of a Charter until the fall town
meeting was requested by Mr . Koch . This will be placed on an upcoming meeting . This Tuesday, December
10zh at bpm in Room C of Town Nall, Chair Whitney will be discussing the Charter at the Republican
Committee Meeting . She has a request in to the Democratic Committee as well .
Review. Discuss and Approve November 15 , 2019 Meeting Minutes
Ms . Bingham moved to approve the November 15, 2019 meeting minutes, Mr . Koch second . The Board
voted 5 -Yes 0- No
Topics Not Reasonablv Anticipated by Chair
None
Future Meetings : December 13 at 9 a . m . , lanuary 3 , 17 and 31 at 9a . m .
Adlournment
Mr. Koch moved to adjourn at 11 : 08am, Mr. Meehan second . The Committee voted 5 -Yes 0- Na .
Respectfully submitted,
Robin A Young
Approved : Signed : #n-r
Date
Accompanying Documents in Packet : Charter Time schedule, Chapters 1, 2 , and 3, Recreation Charge
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Charter 12-06 - 19
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