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HomeMy WebLinkAbout2003-10-30 ad Hoc Charter Review Committee MinutesCharter Review Committee Meeting October 30, 2003 The meeting convened at 7:30 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Selectman George Hines, Finance Committee member Chuck Robinson, School Committee appointee Bill Griset, Bylaw Committee appointee George Theophanis, Bill Brown, Town Counsel John Gannon, Town Manager Peter Hechenbleikner. George Hines presented a draft agenda for the Committee. The first item of business was to select a Chairman and Vice Chairman. A motion by Robinson seconded by Griset, George Hines was nominated for the position of Chairman. On motion by Brown seconded Griset, the nominations were closed by a vote of 5-0-0. Hines was selected by a vote of 4-0-1 with Hines abstaining. On motion by Griset seconded by Robinson, Theophanis' name was put into nomination. Theophanis declined indicating that he would have to miss some of the meetings and Phil Pacino will be filling in on a nonvoting basis on his behalf. Griset then nominated Bill Brown, seconded by George Hines. Griset moved that nominations be closed and the motion was seconded by Hines. The nomination was closed by a vote of 5-0-0 and Brown was selected as Vice Chairman by a vote of 5-0-0. The Committee then developed its work plan and schedule. The Committee will meet on November 6, 2003 to review the Charter as well has December 4, 2003. The December 4, 2003 meeting they will also invite former Charter Commission members to discuss the Charter. The meeting on January 8, 2004 will also be reserved for review of the Charter. On January 22, 2004 the Committee will meet with current Boards, Committees and Commissions. The Town Manager will let those Boards, Committees and Commissions know of the date and times. This will be the Boards, Committees and Commissions that are mentioned in the Charter and which are not otherwise represented on the Charter Review Committee. On a date to be determined the Committee will meet with staff including the Town Manager and Department Heads. Next they will meet with the public. It was suggested that a questionnaire be distributed to Town Meeting Members this Fall for any comments that they have on the charter. Following this fact-finding process, the Charter Review Committee will meet with the Board of Selectmen and present their findings to date. Following that meeting, the Charter Review Committee will develop an outline of proposed changes, develop proposed language and develop a process for adoption. At that point, the Charter Review Committee will hold a public hearing and following the hearing will review the proposed changes and process for adoption with the Board of Selectmen. The Committee feels this can be accomplished by the July 1, 2004 expiration date. The Charter Review Committee reviewed the charge to the Committee. It was suggested that as part of the public input process that the Charter Review Committee could have a call-in show on _ RCTV. The Charter Review Committee reviewed the current Charter amendment on residency Charter Review Committee - page 2 that is pending before Town Meeting. Some members of the Charter Review Committee thought this matter should be table so the Charter Review Committee could take a look at it. Others thought that it addresses an issue that exists right now and Town Meeting should go ahead and address the issue. If further changes are needed as result of the Charter Review Committee's process, then those can be done as part of the total package of Charter Review. George Hines will bring the matter up before the Board of Selectmen on Tuesday night, but the sense was to move ahead with the current Charter amendment. Bill Brown had put together a three-page review of issues to be addressed in the Charter. The Charter Review Committee started at the beginning of the Charter to review items. Town Counsel and the Town Manager participated in that process. Section 2-4 - Bill Brown felt that the 7 days referenced should be made 14 days to be consistent with Section 7.6c. It was pointed out that in Section 2-4 this gave Town Meeting the ability to meet within seven days and its important to have that flexibility. George Hines brought up the issue of the size of Town Meeting. He noted that during the Charter Commission process there was discussion of everything from as small as a Town Counsel size to something the size of our current Town Meeting of 192 members. The Committee agreed to review this further. Bill Brown noted that he felt the removal process should be eliminated. George Hines felt that in the past this was an issue that should stay. George Theophanis agreed and felt that with the Bylaw addressing the precinct involvement in Town Meeting Member removal, the process works well. - Section 2 - 3- John Gannon noted that the process for determining a "tied ballot position is not valid and would need to be changed. He noted that the State's view is if there is a difference between the Charter and election law that the election law applies. Section 2 - 6 - The Town Manager noted that the reference in Section 2 - 6 to the Annual Spring Town Meeting should be revised to be the Annual Town Meeting. Section 2 - 8 - Bill Brown noted it does not appear that the Town Moderator has the ability to swear in Town Meeting members, and it doesn't mention the Town Clerks ability to swear in. Section 2 - 12 - FinCom - There was discussion about the FinCom term limits and whether it should be nine consecutive years or three consecutive terms plus what other partial term FinCom members may have been appointed to. There was also discussion about whether the FinCom Appointment Committee should be made up differently than it is and George Theophanis gave the history of this. The Town Manager suggested that perhaps language should be added to the first paragraph making it clear that FinCom members may serve on Ad Hoc Committees or Task Forces. In the last paragraph under FinCom, laws and bylaws should not be capitalized. There was further discussion_as to whether or not the last sentence needed to be clarified so that Fincom may do an "Action Pending" on matters before it. Charter Review Committee - page 3 On the Committee on bylaws it was suggested that perhaps the Charter should be changed to require the Bylaw Committee to consider changes in the "Charter or Bylaws" and also whether they should include acceptance of special acts. Rules Committee - Bill Brown thought that perhaps the Rules Committee should appoint the Finance Committee and Bylaw Committee. They don't take on that responsibility, then he suggests abolishing it. George Theophanis felt the worst thing that was done was to have the Moderator Chair the Rules Committee. Section 2 -13 - Bill Brown thought the number of signatures for petition should be the same for an Annual Town Meeting as for a Subsequent Town Meeting. Section 2 -14 - Town Counsel noted that subsequent should be not capitalized. Section 2 - 15 - The Town Manager noted that he has received questions as to whether or not people should abstain from going to the polls for an election where there is referendum procedure in hopes that the 20% threshold would not be reached and therefore the issue would be moot. This could be an issue where a referendum procedure was on an election with other mattes and residents might decide not to vote at all. What if it was changed so it would require at least 20% eligible voters to vote on the referendum question? On motion by Brown seconded by Robinson the Charter Review Committee voted to adjourn at 9:15 p.m. by a vote of 5-0-0. There next meeting will be on November 6, 2003. Respectfully submitted, S re