HomeMy Public PortalAboutCharter Review Minutes 2014-08-25 ORRLI A Tri-N CLIEM'
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CHARTER REVIEW COMMITTEE
MEETING MINUTES
August 25, 2014
Approved on September 8, 2014
Call to Order:
A meeting of the Orleans Charter Review Committee was held on Monday, August 4, 2014 in
the Nauset Room of the Town Hall. Present were Chairwoman Patricia Fallender, Vice-
Chairman Charles Ketchuck, Clerk Anne Carron, member Francis Moran Jr., member Carolyn
Kennedy, member Susan B. Christie, and member John Crawford. Town Moderator Duane
Landreth, Board of Selectman liaison David M. Dunford and Finance Committee liaison Mark
Carron were also present for the meeting,
Recording Secretary Valerie Picco was absent.
Public Comment:
There was no public comment.
Approval of Minutes of Auaust 4. 2014:
On a motion by Ms. Kennedy, and seconded by Mrs. Christie, the Committee voted to
accept the minutes, as amended, of the August 4, 2014 meeting.
The vote was 7-0-0.
Meet with Town Moderator Duane Landreth:
Town Moderator Duane Landreth answered questions posed by the Committee (attached).
5-2-1 of the Orleans Home Rule Charter—Ambiguity Recardino Fillina Vacancies on Elected
Boards
Mr. Landreth clarified that Mass law makes it clear that in the absence of any other authority, the
vote is to be a roll call vote. This means that all members of the remnant committee and the
Board of Selectmen each have one vote, and they are working as a committee of the whole. He
suggested the Charter be revised to eliminate this ambiguity.
Town Meetina Flow
Mr. Landreth noted that there is value in having a fast meeting but also value in having a good
meeting. His ideas for having the town meeting flow more efficiently, not in any particular order,
are:
• Use a Consent Calendar
• Cloture rule should change from 4/5 to 2/3
• Limitation of Powerpoint presentations
• Have a zero quorum. Rationale: It has worked in other towns and commends itself,
removes worry about how to put the meeting together to keep the quorum, removes
concern about having a meeting without a quorum, and about a quorum count at the end
dissolving the Town Meeting.
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Charter be Chanaed so Articles that are Aoeroved at Town Meetina shall Stand and not be
Reconsidered if the Meetina is Interrupted due to Lack of Quorum
Mr. Moran questioned why Selectman Fuller's suggestion was made. Is the implication that
when articles are passed and the meeting is interrupted due to a lack of quorum or other
circumstance, then all articles have to be reconsidered?
Mr. Landreth stated that he did not believe that Selectmen Fuller thought that. It is not the rule
and not the practice.
TVDO in Bvlaw
Mr. Landreth asked the CRC to correct a typo. The CRC could not find the passage in the
Charter, and will follow up to see if the change needs to be in the Charter or in a Bylaw. The
incorrect passage, read by Mr. Landreth from a warrant, is as follows: "Any vote may be
reconsidered if a voter on the prevailing side moves to do so, and if the Moderator moves to
allow new information to be brought to the meeting."The word "move' is incorrect. The
sentence should read: "Any vote may be reconsidered if a voter on the prevailing side moves to
do so, and if the Moderator determines to allow new information to be brought to the meeting."
All votes at Town Meeting to be Decided by Voice Vote or Standing Count
Mr. Landreth does not believe such a change is warranted. There are occasions when a secret
ballot is necessary, such as when there might be an element of intimidation. There are some
occasions when people want voting privacy. The count with a secret ballot is a better count, and
secret ballots are not done frivolously.
Appointments
Mr. Landreth explained that the reason the Moderator appoints people is to remove those
positions from Board of Selectmen authority. The Finance Committee may act in opposition to
the Board of Selectmen, so obviously cannot be appointed by them. Mr. Landreth has no
recollection why the appointment of the Technical School Committee was given to the
Moderator, but it was probably for the same idea in concept.
How the Finance Committee A000intment Works
Mr. Landreth said that once the Board of Selectmen is notified of a FinCom vacancy, the
Moderator has 30 days to act to appoint someone, so there is a failsafe if the Moderator does
not perform his job. There is no lack of interest in FinCom positions. The Moderator interviews
them, tells them he is not interested in their politics, and uses independent judgment. The
FinCom has worked well with two term limits, and he sees no need for that to change. The two
term limit was how the previous Moderator did it and Mr. Landreth has continued the practice,
as it is a demanding committee. Mrs. Fallender explained there is nothing in the Charter that
addresses FinCom term limits, but procedurally the Moderator can set term limits at his
discretion because he does the appointing.
Term Limits in General
Mr. Landreth is not in favor of term limits in general. It has worked with the FinCom and he
personally would have term limits for the Conservation Committee. The reason for that is the
ConsCom has a local bylaw they administer. Under that local bylaw they have the power to pass
substantive regulations with simple notice to the public. It is impossible to appeal them because
of the power they have. A lot of people are willing to serve on the ConsCom, so term limits
would not be a problem.
In other areas he does not favor term limits, as there is a dearth of volunteers. He emphasized
that term limits have to be looked at on a case by case basis, In the case of elected officials, Mr.
Landreth thinks that is a much less sensitive issue.
Issue of Seoaratina Individual Proiects in One Article and Votino on them in Individual Main
Motions under the Article
Mr. Landreth pointed out that this subject has come up in the last two Town Meetings, and
counsel made the determination that the projects could not be separately voted on as matters
stand now in Orleans. Mr. Landreth said this limits flexibility and that the Charter may want to
have a provision that allows several different main motions to be decided separately under one
article. Other towns do have that flexibility. Robert's Rules of Order, which is incorporated by
reference into some Town Meetings, does have a provision to slice a warrant article into several
different pieces so voters can act on them individually. It would be up to the Town Meeting
voters to vote under a procedural motion to sever the articles, if the voters chose to.
Mr. Landreth's Opinion on the Position of Chairman
A Chairman does not make substantive comments. They might ask questions or direct the
conversation. They should not use their position to push their own positions. They should keep
order, ensure profespional behavior, and not participate substantively. This would help meetings
move more quickly and efficiently.
Town Meetina Advocacy
Mr. Landreth does not feel voters are educated enough about the Town Meeting process and
procedures, and therefore miss opportunities. He suggested the CRC legislate that Chairmen of
certain boards and the Moderator could attend an education meeting, or symposium, intended
to give the voters an opportunity to learn about the process. This could be both attended by
voters and broadcast on television. If this was legislated or put in a set of rules it would be
productive for Town Meeting. if voters were educated about the process and the possibilities at
Town Meeting it would be a better meeting.
Mr. Landreth asked the committee to feel free to contact him for any other information.
Update on Survev of Elected and A000inted Officials,
Mrs. Fallender coordinated with Town Administrator John Kelly and his office to copy Mr.
Moran's survey (attached) and place them in the appropriate committee mailboxes. They will be
returned to the Town Administrator's office no later than Sept. 15. Mr. Moran offered to do the
compilation of the results for the CRC, and will let Mrs. Fallender know whether to put this on
the agenda for the Sept. 22 or Oct. 6 meeting.
Review Charter Suaoestion Database and add anv new input from Committee Members and.
Others:
Mrs. Fallender updated the database per discussions from the previous meeting. She asked for
any comment or discussion.
Mrs. Fallender would like to add the zero quorum in Chapter 2 for discussion to the database.
Mrs. Fallender contacted the Planning Board and they indicated that all problems had been
fixed during the last Charter review, and did not feel further changes were needed.
Ms. Kennedy stated that there are 2 things in the database that cannot be changed because of
state law, so those should be marked as no action. Chapter 2-6-1 must remain at 10 voters for
petition articles. Chapter 2-6-2 must remain at 100 voters for an article for a Special Town
Meeting. (Chapter 2, Section 6).
On the Database Chapter 2 tab, "$4" should be changed to I".
The CRC discussed formalizing the two term appointment of the FinCom, and Mr. Crawford
suggested a generic question about the role of the Moderator in terms of appointees, to be gone
into in more detail during discussion.
On a Motion by Mr. Crawford, seconded by Mrs. Christie, the Committee voted to have
the discussion about including term limits for appointees by the Moderator in the
Charter.
The vote was 7-0-0.
In the database Chapter 2 tab, No. 12, Mrs. Carron would like to see "consider" instead of
"propose.°
In the database Chapter 5 tab, No. 6, Mrs. Carron would like to see the description changed
from "Board of Health should continue to be elected" to what Town Administrator John Kelly
said, which was that he thought being appointed should be the way to go. Mrs. Carron will send
Mrs. Fallender the exact words he used (from the recording) and Mrs. Fallender will insert those
words.
Mrs. Carron would like to see technology use incorporated into the Charter, whether into an
existing Chapter or a new one. Mrs. Fallender pointed out that it is covered in the open meeting
law now so might not be needed in the Charter. It is included in the database for discussion
under Notes and Other Issues, on the last tab on the database.
Receive anv Research Inout from Committee Members recardino suaaested Charter Chances:
Mrs. Christie has been calling other towns to discuss their elected Boards of Selectmen, what
they do and don't do, and whether their duties are related to the Charter. She gave her
summary to Mrs. Fallender for copying and distribution by email.
In response to Mrs. Carron's request, Mrs. Fallender will speak to Town Administrator Kelly
about a dropbox for the CRC.
Mr. Moran is continuing his research concerning the issue of appointments or elections, and will
be providing a preliminary report.
Mrs. Carron referred to a previous request she had made asking Mrs. Fallender to speak to
town counsel about whether the subject matter to be spoken of with Len Short and Jim Bast fell
within the purview of the CRC. The committee pointed out that anyone can come and speak
during the public comment session. Mrs. Fallender agreed to speak to town counsel the next
day about the CRC's discussion, ask his opinion, and email the CRC members with the result.
Review Communitv Oraanizations List to Determine Need to Contact them about Inout to
Charter Review Process:
Mrs. Fallender referred to the list she emailed to members (attached) of other community
organizations in Town, and asked if the CRC wanted to contact them for input. Ms. Kennedy will
draft a letter to send to the organizations, asking for comment, and will bring the draft to the next
meeting.
On a Motion by Ms. Kennedy, seconded by Mr. Crawford, the Committee voted to send a
letter, asking for comment, to be sent to the organizations on the list of other community
organizations.
The vote was 7-0-0.
Mr. Crawford asked the Committee to decide when they would put time aside to address the
issues in the database, how they would come to consensus, prepare documentation, and
prioritize the issues. The Committee decided to spend time on Sept. 8 discussing how they will
address coming to consensus on proposals for changes to the charter, how they might be
formatted, how to put the rationale together, and the scheduling for the topics. Mrs. Fallender
suggested they might also find time on Sept. 8 to discuss the quorum issue, and draft the
wording and rationale. Mr. Moran will be ready to discuss elections and appointments after Sept.
15. Mr. Ketchuck can discuss recall on Sept. 8. He said that everyone seems in favor of keeping
recall as a difficult and last resort, and he does not think the Committee needs much more
debate.
Items for Future Aaendas:
Sept. 22, 2014— Len Short, Jim Bast—Nonpartisan Elections
Oct. 6, 2014— Finance Committee Chair Gwen Holden Kelly
Finance Director David A. Withrow will be giving the CRC a date to come in.
Adiournment
On a motion by Ms. Kennedy, and seconded by Mr. Crawford, the Board voted to adjourn.
The vote was 7-0-0
Adjourned at 9:30 PM.
Respectfully submitted,
Valerie Picco
Recording Secretary
U,wv c -U. C 6lMAw—
Anne Carron,
Clerk
Attachments:
Questions for Town Moderator Duane Landreth at August 25, 2014 Meeting
Memo to John Kelly, Town Administrator, regarding Survey
Orleans CRC Survey of Elected Town Boards and Officers and Appointed Multi-Member Bodies
Community Links
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V COMMITTEE SUGGESTION DATABASE
DATE is when the entry was made In database Last Revision-8124114
CHAPTER 1-Town Incorporation,Form of Government and Powers
NO, DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N,or NA
1 07105114 1-2-1 Fallender Should CRC recommend change from BOWAto BOS/Town Manager govto
2 osn v14 1-2-1 TA John Kelly Prefers Town Manager type of government
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V COMMITTEE SUGGESTION DATABASE
DATE is when the entry was made In database Last Revision:8124114
CHAPTER 2-Town Meeting
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N,or NA
1 07/05/14 2-4E Fallander (Warrants on websde'/Add to Charter!
2 07105114 2-6-1 Fallender Initiative-"ten voters"too few9 Why 10 for ATM but 100 for STMT
3 07105114 2-7-2 Kennedy ATM-length,bme,date day?Need to Streamline procedures
4 07/05/14 2-7-2 Crawford Need to pnontize warrant articles
5 07105/14 2-7-2 Fallender Procedures-order of warrant articles,need to streamline process
6 07117114 26-1 Jon Fuller initiative-change ten voters to fifty voters for petition articles
Add"In the event that Town Meeting is interrupted due to lack of a quorum,or other circumstances,
7 07117/14 2-7-8 Jon Fuller as approved by the Town Moderator,and cannot be reconvened due to a lack of quorum or other
approved circumstance,Thos Articles of the Warrant duly acted upon by Town Meeting,shall stand
and not have to be reconsidered"(Proposed if not a violation of state law)
Add"nown Meeting is meant to be an open forum where positions can be stated and aired publicly
8 07117/14 2.7-9 Jon Fuller All votes shall be decided by voice vote or standing count,as necessary,at the discretion of the Towi
Moderator Np paper or machine ballots,or other means shall be used to decide Town Meeting vote'
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9 I 07/31/14 Section Kennedy BOS should have informational meeting prior to ATM7STM to explain the Warrant articles
10 I 07/31114 27-2 Moran Warrant should have"consent calendar'for non-oontroverslal articles
11 t 07131/14 2-7-2 Crawford Wanant articles should he.cap on E4 amount and not have be many EE amount d ma put togethei
t1J in one warrant article
12 0731114 2d-1 Carmn/Crawford Consider TM voter ama aeon byy non-rest ¢nt taxPavers
13 1 08/24114 2-1-3 TA John Kelly recommends"zero'�qucrum-rnud lacilitae Town Mig process
14 I 08/24114 2-7-62-7-7 TA John Kelly have split vote Info from LOS and Fin Comm printed only
15 0824/14 2,7-2 TAIJohn Kelly Use"consent calendar'at Town Mtg for standard and usual warrant amcles
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V COMMITTEE SUGGESTION DATABASE
DATE is when the entry was made In database Last Revision:8 124114
CHAPTER 3.Board of Selectmen
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION - ACTION
Y,N,or NA
1 07/05/14 3-1-1 Canon Term limits for Board of Selectmen
2 07/05114 3-1-1 Ketchuck ten limits for Board of Selectman
3 07/05114 3-14 Fallender LBOS Honorarium-increase$amount?Vote on it each year at ATM?
4 07/05114 3-2-1 Fallender hos pchose published on websde?Add this to Charter?
5 07(05114 3-5-3 Fallender IMAs-new 3 years and$50K max Should this be changed?
6 07105114 3-8-1 Fallender Should BOB as licensing euthonty delegate to TA?0K under MA Gem Law?
7 07105/14 3.8-3 Canon Park Comm ssoners separate from BOS?
8 07/05/14 3-9-1 Fallender add"and"before Q) (hous.ke`par or scnveners erro,?)
0 07117114 3-5-3 Jon Fuller change lntermumopal Agrsedndm leng�to 5 years,leave amouni at$50K
Change IMA to 5 years and no$$restriction since there Is a new law in lest few years allowing for
10 08124/14 3-5-3 Tik John Kelly this Since Orleans Is oMy town with this Should we consider eliminating this pro"won,Chi at
disadvantagelmissed opportunities for funding
11 08/24/14 3-1-1 TA John Kelly Term limits for Board of Selectman- 2 terms(6 Years)
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V COMMITTEE SUGGESTION DATABASE
DATE is when the entry was made In database Last Revision:8124114
CHAPTER 4•The Tom Administrator
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
Y.N,or NA
1 09N5/14 44-1 Fallender add-"/Director of Finance"after,Town Accountant asm 3-9-1
2 07/05/14 4-9-3 Fallender should all posting also be on Town wel
3 0]11]/14 44-1 Jon Fuller remove'Surveyor of Highways"and"Water and Sewer Superintendent'and replace wdh
"Department of Public Works and Natural Resource Director'
4 08124114 43-1 TA John Kelly consider adding additional responsibilities to TA as in other towns so close to Town Manager without
changing basic government structure
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V COMMITTEE SUGGESTION DATABASE
DATE Is when the entry was made In database Last Revision 8124114
CHAPTER 5-Elected Town Boards and Officers
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N.or NA
1 07/05/14 5J-1 Carron Fin Curran-only group with term limits,at discretion of Moderator
2 D7/05/14 5-7 Moran Should Board of Health be appointed instead of elected?
3 07/05/14 5-7 Ketchuck Search Comm for Board of Healllt candidates?
4 07/05/14 5-9-2 Fallender delete 2nd"Shall be appointed" (housekeeping)
5 0781/14 5�1-1 Moran Review whether these elected MMBs should still be elected
6 0824114 5-7 TA John Kelly Board of Health should continue to be elected-since outside political realm in Town
7 0824/14 5-1-1 TA John Kelly PII elected officials should shit be elected but could be term limits
Review"other any elected Board should be appointed and review whether they should have term
8 0824114 5-1-1 Moran bmrts
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V COMMITTEE SUGGESTION DATABASE
DATE Is when the entry was made In database Last Revision:8124114
CHAPTER 6-Appointed Multi-Member Bodies
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N,or NA
1 07131114 6-2 mi.6-10 Moran Review all appointed MMBs to see if should be elected
2 07/31/14 6-1 Carron Consider non-resident taxpayers for appointment to MMBS
3 0824/14 6-2 mru 6-10 Moran Review if any MMBs should have term limits
4 08t24/14 6-1 TA John Kelly Considertenn limits for appointed MMES since volunteers get discouraged when there is no turnover
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4 Policy is to limit to 2 terms but that could change If BOS members decide to change policy
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V COMMITTEE SUGGESTION DATABASE
DATE is when the entry was made In database Last Revision:8/24114
CHAPTER 7-Clfaen Participation,Elections and Recall
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
Y.N,or NA
1 07/05/14 7-1 Kennedy Need more public engagement,methods to keep public informed
2 07/05/14 7-8 Ketchuck Review Recall process Other disciplinary actions posy bieli
3 07105114 7-8 Moran Recall process needs to he reviewed
4 07/05114 7-e Fallender Recall needs review-too restricbve or not restnctive enough'
5 CM1114 KetGruck Consider hevmg an"ethics commlbee"as interim process to recall
6 08124/14 7-8 TA Kelly Recall should be dMwult/there is a at to the Town far this process
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V COMMITTEE SUGGESTION DATABASE
DATE Is when the entry was made In database Last Revislon:7131114
CHAPTER 8-Financial Provisions and Procedures
NO. - DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N,or NA
1 07105114 8-2-3 Fallender add-"Director of Finance"after Town Accountant
2 07105114 854 Fallender insert"on or before"aroad of January 15 of each year
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V COMMITTEE SUGGESTION DATABASE
DATE Is when the entry was made in database Last Revision:7131114
CHAPTER 9-Planning and the Environment
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
Y,N,or NA
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V COMMITTEE SUGGESTION DATABASE
DATE Is when the entry was made In database Last Revision:7131114
CHAPTER 10-Charter Operation and Maintenance
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
Y.N,or NA
1 07105/14 10-3-1 Fallender right to petition enforcement of Charter needs only 10 voters Is this number appropriate'+
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DATE Is when the entry was made in database Last Revision:7131114
Notes/Other Issues
NO. DATE SECTION PROPOSER BRIEF DESCRIPTION ACTION
V,N,or NA
1 07105114 Crawford Need to publish Tmelme of important dates so public knows when Town business needs to proceed
and deadlines need to be met
2 07/31/14 Introduction CRC Add"To promote transparency in government,thets,providing mformaton to citizens about what
their government is doing,at all levels,and providing the rationale for its decisions"
3 OM1/14 Carron Add new"multimedia'chapter to Charter
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