HomeMy Public PortalAboutSelect Board -- 2020-01-27 Minutes a'a W
Town of Brewster Office of:
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MINUTES OF THE SELECT BOARD MEETING
DATE • January 27, 2020 Liz
TIMES
TIME : 6 : 00 PM
PLACE : Brewster Town Office Building, 2198 Main Street
PRESENT : Chair Whitney, Selectperson Bingham , Selectperson deRuyter, Selectperson Chaffee Town
Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, Assistant Town Administrator
Susan Broderick, Selectperson Dickson
Call to Order/ Pledge of Allegiance
Chair Whitney called the meeting to order at 6900pm .
Citizens Forum - Members of the public may address the Select Board at this time for a period not longer than 5 minutes . The Select Board is unable to
respond to comments as it could be a violation of the state's Open Meeting Law which requires a specific topic to appear on the agenda for public discussion to
occur. A tonic raised by a member of the public may be added to a future meeting agenda if deemed warranted by the Select Board Chair.
No discussion .
Discussion and Potential Vote of Proposed Draft Charter Chapters , including Review of Potential Changes
from Current Bvlaws and /or Practices :
Charter Committee Chair Karen Whitney called to order the Charter Committee Meeting . She brought forth
four areas to be reviewed for finalization of those chapters to refer to the Town ' s legal counsel .
Select Board
The Select Board Bylaws include no change . The licensing section of the bylaws include a review of a policy
to delegate some of the licensing authority . Chair David Whitney thought this was in regards specifically to
one day liquor licenses . Selectperson Dickson would like general language to be able to delegate the
authorization to the Town Administrator for licensing . Mr . Lombardi requested the Board have input on
the inclusion of language regarding the primary responsibilities of the Select Board for long range
planning . Selectperson Chaffee would like to keep the language general for this item as well . Whitney
suggested to remove the word preparation from the paragraph as written . There was consideration of
shifting the personnel appointment power from Select Board to the Town Administrator . The
recommendation is to give all hiring authority for Town Staff to the Town Administrator, with exception of
Fire and Police Chief and School personnel . The Fire department staff, with the exception of the Chiefs,
would be hired by the Town Administrator with input from the Chief of the respective department . This
would remove the current practice of reappointment of Police personnel from the Select Board . The Fire
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�9 Town of Brewster Office of:
Select Board
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3 U Brewster MA 026314898
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personnel does not have that practice currently . Selectperson Dickson feels that the direct reporting of
Town Clerk to the Town Administrator should be struck and they should stay with the Select Board as the
appointing authority . Mr . Lombardi ' s understanding was that a local option was used to change the Town
Clerk from elected to appointed , as there was not enough time to change the process via a special act . If
they had pursued a special act it would have given hiring authority to the Town Administrator, but as it
was written the local option gave the authority to the Select Board . Selectperson Chaffee feels it is
appropriate for the Town Administrator to hire the Town Clerk, as this process would have one step
further away from elected officials having potential influence of that position . The current Town Clerk is
supportive of the change . Selectperson Dickson appreciates the input and felt the position of the Town
Clerk was parallel to the Town Administrator which is why he thought the hiring and reporting should stay
with the Select Board . The current practice of having a Personnel Committee will be removed . Contract
negotiations will be handled by the Town Administrator, with final agreements executed by the Select
Board . As there is overlapping discussion with the chapters of Select Board and Town Administrator the
Board chose to move on to the discussion of the Town Administrator chapter, and to move back and forth
between the two if needed .
Town Administrator
The Sandwich Charter was the framework for this chapter . The changes suggested are outlined . The
residency requirement trend was determined to have a stronger showing for Town Managers than Town
Administrators, with half having opt out or extension provisions . The Board discussed that a residency
requirement could potentially limit the candidate pool . Selectperson Bingham wondered what it would be
like if the person was living and traveling from off Cape . Selectperson deRuyter would like to see the
individual personally vested in the community . The language that includes the reprieve of the
requirement is suitable . Mr . Koch favors the Town Administrator living in town . He also pointed out that
the document was the suggestion of the Charter Committee and would like to discuss more of the
timeline of bringing it to Town Meeting than requested approval and revisions of actual chapters . Mr .
Sumner noted he always lived in the town he worked in as CAO . He feels it bring value to the position and
builds confidence in the residents, but understands that is a personal preference . The hiring authority
provision affects the "advise and consent" role of the Select Board for the Police and Fire Chief. Also, it
notes that the department head will be given for the advisement for hiring of department staff. This is a
memorialization of the current hiring practice to ratify it for the future process . Appointments of limited
duration will be removed in the Charter and that language will be referred to town counsel for review .
Emergency Management responsibilities are outlined in section R and the Charter Committee felt strongly
about adding this . Further existing practices that are memorialized in the charter includes deputy assessor,
town planner, and assistant town administrator being appointed by the Town Administrator . The
municipal finance department reporting structure was considered as well .
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Boards/Committees
Some of the changes reflect the information gathered at an all - day Charter Committee meeting, where
elected boards were invited to discuss their preferences for the Charter . They would start with the current
bylaws, a section of the sandwich charter and a new section to include general language of the basic
duties of boards and commissions . The elected boards and committees would have a role assigned in the
Charter . Appointed boards and committee charges would be addressed in the Town ' s bylaws .
Recommended changes were highlighted in the existing bylaws . The Moderator term would be changed
to a 3 year term , consistent with the duration of the Finance Committee appointments which are made by
the Moderator . The Board of Health is supportive of having appointed associate membership . These
would not be voting members unless a quorum is needed . These members would be appointed by the
Select Board with advisement from the Board of Health . Selectperson Chaffee would like a consistent
practice for all of the elected boards . This would be a good way to acquaint residents to the roles and
responsibilities of the boards . The Planning Board is not in favor of having associate members . They would
like a 4 year term for all 7 members of a hybrid term for alternating term length for members . There was
discussion on potential removal of a member in the charter . It will be referred to legal counsel for review .
State statute refers to appointing of membership of elected committees until the next election .
Organization Chart
The current, outdated , chart is in the bylaws . The recommended revised chart was presented . Included on
this chart were appointed boards and committees and other officers . Selectperson Chaffee clarified some
of the titles on the chart . Positions that are mandated by the State and filled by existing employees were
listed out, but could be considered to be generalized .
Discussion of Updated Charter Committee Timeline
Chair Karen Whitney has been at meetings for public outreach and a website update will be drafted . Once a
first draft is available the Committee will begin more community forums for feedback to generate a final
draft . The Committee is in favor of placing the Charter on the warrant for the fall 2020 Town Meeting to
allow for good participation on the issue .
Discussion of Charter Committee' s Recommendation Regarding Whether to Send Charter to Ballot for
Approval by Voters at Large After anv Approval by Town Meeting
The Charter Committee does not want to bring the Charter to the town ballot . It is not legally required , and
there is no feedback if it failed at the ballot . There is no discussion at the ballot, but Town Meeting allows for
explanation of any question residents have had . This is historically how the Town has adopted past practices .
The Town Meeting voters could decide if they want it to be on the ballot . Mr . Meehan noted that after a
Charter is approved at the local level, the State has to accept the Charter . Almost all other Town ' s Charters
did not get voted on at both town meeting and the ballot . Selectperson Dickson noted that this is not a
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0 .� �y% Town of Brewster Office of:
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2198 Main Street
Town Administrator
00 Brewster, MA 026314898
Vo _ Phone : (508) 896- 3701
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decision that needs to be made that this meeting, and that it would be largely symbolic . He feels that there is
no major change to be considered but this is a means to codify existing practices .
FYIs
No discussion .
Future Meetings — jaAUaFy 29 February 3 , 5 , 8 and 10, 2020
Adjournment
Selectperson Chaffee moved to adjourn at 7 : 20pm , Selectperson deRuyter second . The Board voted 5 -Yes 0-
No .
Respectfully submitted ,
Robin Young
Approved : (91QY1 Signed . I
Date Selectperson DicksoVl �of the Board of Selectman
Accompanying Documents in Packet : agenda, draft charter chapters
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