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HomeMy WebLinkAbout2004-01-22 ad Hoc Charter Review Committee MinutesCharter Review Committee Meeting January 22, 2004 'art The meeting convened at 7:30 p.m. in the Reading Municipal Light Depart'lil Meet ng Ro©)M,. 230 Ash Street, Reading, Massachusetts. Present were Chairman George Hines, Committee Members Maria Silvaggi, Glen Hartzler, Bill Griset, Bill Brown, George Theophanis and Chuck Robinson. Also present were Bob Brown, Wilbar Hoxie, Karyn Storti, Vicki Yablonsky, Elaine Webb, Allison DaSilva, Ben Nichols, Will Finch, Library Director Kimberly Lynn, Superintendent of Schools Pat Schettini, Finance Director Beth Klepeis, Town Moderator Alan Foulds and Town Manager Peter Hechenbleikner. Chairman George Hines welcomed the visitors and expressed on behalf of the committee his appreciation for so many people turning out. He indicated that the Committee was doing a review of the Charter since it was adopted in 1986, and was reaching out to Boards, Committees and Commissions and later to staff to see if there are any questions, comments or suggestions that they might have. Vicki Yablonsky and Karyn Storti, Members of the Library Board of Trustees, indicated that they think the Charter is working very well and did not have any suggestions for changes. Town Moderator Alan Foulds noted that the question had been raised about the term of the Moderator it's for one year and all other elected terms are three years. He indicated that he has no strong feelings but would not suggest a change to three years. Chairman Hines noted that there had been a suggestion as part of the Charter Review Committee's discussion to date that the Moderator is the sole appointing authority for the Bylaw Committee and was for the School Building Committee when it is in existence. This is the only situation of its type in Reading (there are either appointment committees or an existing Board, Committee or Commission makes appointments) and asked if the Moderator had any feelings about this. Chairman Hines suggested that maybe the Rules Committee should make these appointments. There was discussion but no conclusion. Ben Nichols from the Town Forest Committee and the Land Bank Committee spoke. He indicated that he and members of the Land Bank Committee had discussions on this issue. He read two letters from the Chronicle dated March 21, 1986 in opposition to the Charter. A copy of these letters are attached for the Committee's information. Allison DaSilva from the Cultural Council spoke. She asked if there would be other opportunities to comment since she has not had a chance to thoroughly review the Charter. She brought the issue of the Associate membership, and the Town Manager noted that this is a matter for the Board of Selectmen policy to provide for Associate membership. Will Finch from the Conservation Commission spoke. He wanted to comment on the issue of - the Reading Home Rule Charter's requirement that there be a-quorum of the total authorized- - membership of a Board, Committee or Commission and positive vote of a full authorized Charter Review Committee Meeting - January 22, 2004 - Page 2 membership in order to make a decision. While that has been somewhat problematic in the past, he agrees that that requirement should be kept. The consensus from the Charter Review Committee was that they agree. Bob Brown from the Solid Waste Advisory Committee spoke. He indicated that getting volunteers has become more difficult. He asked if anything could be done to make it easier for volunteers to serve. He suggested that when positions become replaced by an incumbent, perhaps fewer signatures on their nomination petition should be required. There was discussion about the past practice of blanket signatures which the Town Manager indicated is not permitted by law. Bill Brown noted that some bodies don't have a quorum but keep on talking. He feels that this is a violation of the Open Public Meetings Law. Bob Brown felt that they should be able to continue to have their discussion even if they don't have a quorum. Chairman Hines agreed. Bill Griset noted that the threshold of 50 signatures running for a Board, Committee or Commission is not excessive and he would not suggest a change in that rule. Will Finch noted that he agrees if there is not a quorum of a Board, Committee or Commission present, they should be able to continue to meet and have discussion. He did note that this is what the MACC handbook suggests. Elaine Webb from the School Committee noted that if, in the absence of the quorum, you can't have discussion this would inhibit volunteerism. With regard to the number of signatures required, a candidate can ask people to help them gather the signatures. Chairman Hines noted that gathering the signatures allows for some "face time" with residents. Karyn Storti indicated that the Substance Abuse Prevention Advisory Committee had previous problems with quorums, but the Board of Selectmen modified the size of the council and this has not become a problem. Maria Silvaggi noted that she agrees with Bill Brown on the issue of the Open Public Meeting Law. The spirit of the law is to provide complete public access to discussions and decisions by a public body. She doesn't believe discussions without a quorum present are appropriate and it provides an opportunity to "pitch a vote" to others who are not present during the discussion. If there is any question, she likes to err on the side of being more open. Beth Klepeis spoke for the Trust Fund Commissioners. She noted that when the Trust Fund Commissioners were established in 1926, it was a five member Commission - three members plus two ex-officio members. The Charter changed this to just the three members. She asked the Charter Review Committee to review going back to the five member situations since one of the ex-officio members under State Law was the Treasurer and because they are dealing with investments, it is important to have the Treasurer involved. With regard to the Selectman member, generally the Selectman member does not attend, but this does provide a good link betweenthe Trust Fund Commissionersand the Board of Selectmen. If - the Treasurer is included as an ex-officio member, then either the Chairman of the Board of Charter Review Committee Meeting - January 22, 2004 - Page 3 Selectmen or perhaps another Selectmen should also be included, or the number of members in addition to the Treasurer should be increased to four so that there is an odd number. Bill Brown noted that the Trust Fund Commissioners were established about the time of the Hospital Trust Fund. It is up to the Board of Selectmen to spend the money. The Trust Fund Commissioners handle the investments. Neither Glen Hartzler nor George Hines nor Alan Foulds remembered any dialogue about the Trust Fund Commissioners as part of the Charter Review process. George Theophanis indicated that he felt the Rules Committee was anachronistic and should be abolished. Alan Foulds felt that the jury was still out but he would not suggest eliminating it right now. If it does not become effective based on the fairly recent amendments to the Charter, then perhaps that can be done at a later date. Ben Nichols asked that the cemetery graves for the donors of the hospital trust be marked on Memorial Day. Bill Brown suggested that maintenance of public buildings as a separate department under the Town Manager should be established. If it is a separate line item then Town Meeting can make the decision as to how to fund it. Right now it's under the School Committee and under Proposition 2%z, they have bottom line budget authority. He feels that the School Department and School Committee's focus should be on education. Bill Griset noted that as a School Committee appointee, he feels that if it's not broken, don't fix it. He is quite impressed at the level of maintenance and repair in the buildings. The School Committee has a responsibility to maintain its buildings. Elaine Webb felt that the buildings have been maintained with limited resources. We have a good Facilities Director. The facilities budget has been better funded. Pat Schettini felt that school buildings are teaching areas and schools know how to maintain them well. This is an important part of the School Department. Alison DaSilva asked when these were combined and the Town Manager gave the history of the 1990 agreement between the Board of Selectmen and the School Committee in which it is indicated that the building maintenance functions between the School and Town buildings would be combined. This agreement did not indicate whether it would be under the Schools or the Town. Maria Silvaggi noted that the Maintenance Supervisor including the current one is not the issue. The Charter Review Committee should be concerned with viewing the structure and she does not agree with the building maintenance being run under the School Department. Bob Brown noted that this would seem like more than a minor change to the Charter and wondered if this was in the scope of the Charter Review Committee. Chairman Hines asked the Town Manager to check with Counsel and see if this falls within the purview of this process, or whether it would require a Charter Commission. He felt that the issue Charter Review Committee Meeting - January 22, 2004 - Page 4 There being no further discussion, the guests left the meeting. On motion by Hartlzer seconded by Brown, the Minutes of January 8, 2004 were approved by a vote of 6-0-1, with Griset abstaining. The Charter Review Committee will meet on February 5, 2004 at a cable call-in show at the Cable TV studio starting at 7:30 p.m. The Town Manager will try to do bullets of what has been discussed to date to help facilitate the Cable TV call-in show. The Charter Review Committee will meet on February 19, 2004 with staff. On motion by Griset seconded by Brown, the Charter Review Committee voted to adjourn their meeting of January 22, 2004 at 9:05 p.m. by a vote of 7-0-0. Respectfully submitted, r