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HomeMy WebLinkAbout2025-03-03 ad Hoc - Charter Review Committee Minutes-RE OEIVEU Town of Reading TOWN CLERK Meeting Minutes READING, MA. woe• "' 2025 OCT 16 AM B: 59� Board - Committee - Commission - Council: Charter Review Committee Date: 2025-03-03 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Select Board Meeting Room Session: Open Session Version: Final Chair Chris Haley, Vice Chair Jonathan Barnes, Jesse Arnold (remote), Geoff Beckwith (remote), Alan Foulds, Ray Porter, Jeff Struble Members - Not Present: Andrew Grimes, Chuck Robinson Others Present: Town Counsel Ivria Fried, Town Clerk Laura Gemme, Town Manager Matt Kraunelis, Dave Talbot, Christopher R. Cook (remote) Minutes Respectfully Submitted By: Jacquelyn LaVerde Topics of Discussion: This meeting was held in -person in the Town Hall Select Board Meeting Room and remotely via Zoom. Chair Chris Haley called the meeting to order at 7:02 pm. Roll Call: Geoff Beckwith (remote), Jesse Arnold (remote), Jonathan Barnes, Jeff Struble, Alan Foulds, Ray Porter, Chris Haley. Public Comment There was no comment from the public. Review of Proposed Charter Chances with Town Counsel Recommended Updates to Section 2.12.1 Finance Committee 9 2.12.2 Bylaw Committee The committee discussed potential changes to the appointment process for the Finance Committee and Bylaw Committee when Chairs are seeking reappointment. They considered options to address potential conflicts of interest, and opted to amend sections 2.12.1 Finance Committee and 2.12.2 Bylaw Committee (additions in italics) as follows: [Finance/Bylaw] Committee members shall be appointed by majority vote of an Appointment Committee chaired by the Moderator and consisting of the Chair of the Select Board, and the Chair of the [Finance/Bylaw] Committee, provided however where the chair of the [Finance/Bylaw] Committee is in their last year and is seeking reappointment the Appointment Committee shall be comprised of the Chair of the Select Board, the Moderator, and a designee of the [Finance/Bylaw] Committee who is not in their last year or seeking reappointment. Page I I RMLD Updates to Section 3.5 Town Counsel Ivria Fried stated that she spoke with Kell! Gunagan from the Attorney General's Office. She reported that Ms. Gunagan reviewed the 2003 determination notes from her office and did not see anything to disturb what Is currently there, and does not think there is an issue with M.G.L. Chapter 164. She did, however, note that the Attorney General's Office will only review what is before them, and if there are no changes to a section, then they will not review It. Since her office already approved it, and there was not any case law, she did not see anything to change her opinion. Ray Porter stated that the Board of Commissioners (BOC) reviewed the previous memos and Charter section 3.5, resulting in the BOC not taking a position at this time. The Citizens Advisory Committee, however, while there Is understanding through the twenty-year agreement, would request language identifying them as part of the RMLD governance, in either the first or last paragraph, if and when changes are made. Mr. Porter asked if the Charter says the BOC appoints the Accountant and Counsel, that is then managed by the General Manager, but that is not their practice, as under M.G.L. 164 those appointments are the duty of the General Manager, what protections the Town gains from the difference in practice. Ms. Fried stated that she believes that the Charter validly empowers the BOC to make those appointments, but is not concerned if they are not taking that action because they delegated that authority. Mr. Porter also noted that the Commissioners did not provide commentary on the opinion presented by RMLD's counsel, and stated that the direction given to him by the BOC was to abstain from voting on changes to Section 3.5. Recommended Updates to Section 5.4.3 Acting Town Manager Vacancy The Committee discussed the terms of employment, particularly in relation to benefits and salary, for the Acting Town Manager, and the lack of clarity around said individual's powers. Ms. Fried clarified that the Select Board always has the power to appoint someone on the terms and conditions they want, subject to any statutes or Charter provisions. The Committee agreed to clarify that the Select Board should appoint an Acting Town Manager "without delay" and to add to the end of Section 5.4.2 Long -Term absence: "under terms of employment to be determined by the Select Board and In accordance with Section 5.4.4". Recommended Updates to Section 8.12.1 Removal Process Ms. Fried and the Committee discussed updates to the removal process in Section 8.12. 1, and clarifying the authority to remove somebody from a board or committee. They agreed to remove the phrase "unilateral assumption" to avoid any misinterpretation of authority. Ms. Fried suggested clarifying the language to: "who exercises such appointment or removal power pursuant to law or otherwise obtained through delegation". Ms. Fried stated that a submittal will need to be prepared, and that if the Committee votes to accept the changes tonight, they could also vote to delegate the submittal to her and Town Clerk Laura Gemme. Mr. Haley stated that he preferred to vote this evening, as the Committee has a quorum, and Geoff Beckwith, who has been a significant asset to this process, is not seeking reelection to Town Meeting, and therefore will no longer be an ex- officio Town Meeting Member on this Committee after the April election. Members agreed to vote this evening. Ms. Fried reviewed two potential timelines: one with a Special Town Meeting on or before December 23'd with just the Charter where the amendments will need to be filed with the Town Clerk by August 8th, and one that includes the amendments on Subsequent Town Meeting with amendments filed by May 23rd. The Select Board will also need to hold a Public Hearing within four months after the filing, or designate the Charter Review Committee to hold the hearing. The Committee agreed to target the Subsequent Town Meeting timeline. Ms. Fried and Mr. Haley will work on communicating the process to the Select Board for their approval after the April election. Page 1 2 On a motion by Geoff Beckwith, seconded by Chris Haley, the Charter Review Committee voted 7-0-0 to approve the proposed and agreed upon changes to the Charter, with the exception of Section 3.5 Municipal Light Board of Commissioners, and authorize the preparation of the required materials to submit to the Town Clerk by May 23, 2025. Roll call vote: Geoff Beckwith - Yes, Jesse Arnold - Yes, Jonathan Barnes - Yes, Jeff Struble - Yes, Alan Foulds - Yes, Ray Porter - Yes, Chris Haley - Yes. On a motion by Geoff Beckwith, seconded by Chris Haley, the Charter Review Committee voted 6-0-1, to approve the proposed changes to Section 3.5 Municipal Light Board of Commissioners as agreed upon, and authorize the preparation of required materials to be submitted in a timely manner, by May 23, 2025, to the Town Clerk, with Ray Porter abstaining, as he noted that there are differences in how the RMLD Board of Commissioners operates relative to the Charter, that are not reflected in the current changes. Roll call vote: Geoff Beckwith - Yes, Jesse Arnold - Yes, Jonathan Barnes - Yes, Jeff Struble - Yes, Alan Foulds - Yes, Ray Porter - Abstain, Chris Haley - Yes. The hearing will likely be held sometime in August Approval of Minutes On a motion by Geoff Beckwith, seconded by Jeff Struble, the Charter Review Committee voted 7-0-0 to approve the meeting minutes of February ILO, 2025 as presented. Roll call vote: Geoff Beckwith - Yes, Jesse Arnold - Yes, Jonathan Barnes - Yes, Jeff Struble - Yes, Alan Foulds - Yes, Ray Porter - Yes, Chris Haley - Yes. On a motion by Jeff Struble, seconded by Chris Haley, the Charter Review Committee voted 7-0-0 to adjourn at 8:44 pm. Roll call vote: Geoff Beckwith - Yes, Jesse Arnold - Yes, Jonathan Barnes - Yes, Jeff Struble - Yes, Alan Foulds - Yes, Ray Porter - Yes, Chris Haley - Yes. P"'Ix