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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 laimia�iu ii jj ol 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 Page 1 of 4 ,gyp\ E W bruiu�y 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 %Alk�L moo to ISO �M//fl)HIINIANtt11t���Q\ 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 www . brewster-ma . gov Charter 12- 0649 Page 2 of 4 ��11U�INUU1lUrykjUfU a\� 01AMSWeT�1% _� Town of Brewster Office of: 2198 Main Street Select Board Town Administrator d' too = Brewster, MA 026314898 V' Phone : (508) 896-3701 Fax: ( 508) 896-8089 �uirrnnnn�rNmlaliu��"•� 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 www . brewster-ma . gov Charter 12-0649 Page 3 of 4 a`a��utiu n u u u r�w,u�oWe N 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 www . brewster-ma . gov Charter 12-06 - 19 Page 4 of 4