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HomeMy WebLinkAbout2003-11-06 ad Hoc Charter Review Committee Minutes~ L R MtjSS. Charter Review Committee Meeting 4-j L:z~a t 0 P €l: 3Ll November 6, 2003 The meeting convened at 7:34 p.m. in the Town Hall Berger Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Members Chuck Robinson, Bill Brown, George Theophanis (arrived late), Bill Griset, Town Counsel John Gannon (arrived late) and Town Manager Peter Hechenbleikner. On motion by Robinson seconded by Brown, the minutes of October 30, 2003 were approved as submitted by a vote of 4-0-0. Chairman George Hines passed out a revised work plan and schedule was discussed. The Committee went through Sections 3, 4 and 5 of the Charter, and focused on the following areas: Section 3-2 - The Insurance Committee should be eliminated from the list since we have not had an Insurance Committee for the last 17 years. The Town Manager reviewed whether the Board of Selectmen should continue with its Licensing Authority since they have delegated much of this work. George Hines felt that it has been delegated because of a comfort level with the current Town Manager and should not be changed as a matter of course. Section 3-3, Paragraph (a) - Only the first line should be left in to make the Charter consistent with the Education Reform Act. Section 3-4, Paragraph 3, should reflect language that "all money or property that the Town may receive on behalf of the Library" by the gift or bequest should be administered by the Board in accordance with the provisions of such gift or bequest. Section 3-5 - This deals with the Municipal Light Board and the changes are to be voted on at the next Election. George Theophanis had written a letter to the Governance Advisory Committee suggesting that Chapter 30B references should be modified. The Town Manager will get the Committee a copy of George Theophanis' letter. Section 3-6 The question was asked as to whether or not the Board of Assessors are part of the Executive branch of Town Government, and Town Counsel will be asked to review this. Section 3-7 - The Town Manager asked why the Moderator's term is one year, and asked whether it should be three years like all other elected officials. The CRC will review this with the Moderator. Charter Review Committee Meeting - November 6, 2003 - Page 2 Section 4 - Bill Brown asked whether or not the Appointing Authority for the Boards, Committees and Commissions listed in Article 4 should be done by some kind of appointment committee. George Hines felt that it should be done by the Board of Selectmen. George Theophanis felt that this is part of the Executive branch of government and should be appointed by the Chief Executive Officers - the Board of Selectmen. Section 4-1 - The Town Manager noted that the Finance Committee had been talking about establishing a Economic Development Commission. , That would seem to be inconsistent with the provisions of the Community Planning and Development Commission being the Industrial Development Commission. Perhaps we could have an Economic Development Commission as an advisory committee. George Theophanis wondered whether the Human Relations Advisory Committee should be included. George Hines felt that this had been inadequately addressed through the Selectmen's Policy establishing the Human Relations Advisory Committee. Section 4-3 - The Town Manager asked whether a five year term for the Housing Authority is required. All other appointments are for three year terms. Town Counsel will check on this. Section 4-4 - The question was raised whether the ZBA should be five members. This had previously been reviewed with Town Meeting and they had rejected it. However, this was 17 years ago. This will remain before the CRC for future discussion. Section 4-7 - The Commissioners of Trust Funds was discussed, vis-a-vis the recent review of the consistency of Charter with the State law that created the initial Trust Fund Commissioners. The Town Manager will get a copy of the State law and Town Counsel's opinion to the CRC. Section 4-8 - The Town Manager wondered whether the Conservation Commission should have some other members other than seven, since they are having a hard time getting additional members. Section 4-9 - The Town Manager raised the issue as to whether or not the reference to the Field House should continue in Section 4-9. The consensus was that it should. Section 4-10 - The Insurance Committee should be eliminated. Bill Brown suggested establishing a Veterans' Council, and he would develop language on what that would be. There was some discussion as to how the other committees got listed, and it was indicated that it was because these were existing Boards, Committees and Commissions of long standing. Charter Review Committee Meeting - November 6 2003 - Page 3 Proposed Section 4-11 - Bill Brown proposed language to eliminate Section 8-12 and put the language on posting requirements in as Sections 4-11 and 4-12. There was discussion about the 28 day requirement. Town Counsel will review Bill Brown's proposals. There should be some distinction between appointment of Task Forces, etc. Section 5-1 - The Town Manager wondered whether this should be "office" of the Town Manager or the position of Town Manager. There was some discussion that perhaps the intention was that it refer to the office so the office staff also would not be covered by Personnel Policies. Section 5-2 - Reference to Civil Defense should be changed to Emergency Management in Section (b). Section 5-2, Section (d.), has a scribner's error - the word "ne" is repeated. There was discussion on the Ombudsman and whether or not this should be the Town Manager. The Town Manager indicated that if it were going to be a full-time position, then it almost needed to be the Town Manager. If it could be a part-time person, then there may be some alternatives. The Town Manager volunteered to be absent for the other discussion on the Town Manager's section of the Charter. The Chairman indicated that this was not necessary at this time but the CRC may do that at a later date. The Town Manager noted that the Town should consider allowing a contract with a term for the Town Manager. For himself in his position, he does not feel that this is necessary. However, when filling the position in the future, it may be important to get a good candidate into the position. Related to the previous contract was discussion on severance. The Town Manager indicated that the severance provisions are not adequate, and this should be reviewed consistent with the issue of a contract. The Town Manager also noted that, in order to avoid any perception of a conflict of interest, there should be a provision that any change in the severance contract does not effect the current Town Manager. The next meeting will, at the beginning of it, have the former members of the Charter Commission. Following their comments and suggestions, the Charter Review Committee will continue to go through the remainder of the Charter. On motion by Brown seconded by Theophanis the Charter Review Committee voted to adjourn their meeting of November 6, 2003 at 9:30 p.m. by a vote of 4-0-0. Respectfully submitted, cretary