HomeMy WebLinkAbout2003-11-06 ad Hoc Charter Review Committee Minutes~ L R
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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