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HomeMy WebLinkAboutTGSCminutes20051128Town Government Study Committee Draft Minutes, November 28, 2005 Land Bank Office Call to Order. Chairman Reinhard called the ninth meeting of the Town Government Study Committee to order at 4:07 pm. Present were members Reinhard, Lohmann, Gardner, Willauer, Topham; Miller and Sevrens were absent. Guest Barnes. Minutes. The minutes were approved as submitted. Reinhard noted that he had had an inquiry about the appropriateness of releasing the draft minutes before approval; the committee agreed the aim is to get information out to the public as soon as possible. While the draft minutes are sent first to committee members, who have an opportunity to make corrections, they are then sent to anyone requesting copies, including the press. Interested people are welcome to add their name to the list. Potential Guests to address the Committee. Reinhard has contacted Keith Bergman, who is currently the Town Manager of Provincetown, and familiar with Nantucket government. Mr. Bergman is willing to meet with the committee in January. Reinhard also contacted the Massachusetts Municipal Association [MMA] for consultation; while they may be able to answer specific questions, they no longer operate a speaker's bureau; they do have informational materials and a web site, and they also referred Reinhard to Marilyn Contreas of the Department of Community Development, whom Reinhard will contact. As background, it was suggested members read the Provincetown Charter and view the MMA website. Reinhard will forward relevant links. Gardner also suggested review of the Finance Committee Handbook and the Administrative Code. He noted that the MMA holds a conference for government officials in Boston in January; Willauer will be attending. Perhaps Reinhard could attend as well as representative of the TGSC. Other possible invitees include: Town Administrator Libby Gibson, Town Counsel Paul DeRensis, Finance Committee members, major Department heads, [Police, Fire, DPW, Health, Harbor, etc.], Article sponsor Barnes, Nantucket Civic League, media representatives. To incorporate public "in-the-street" input, open forums will be scheduled. Reinhard urged members to communicate any public comments they may receive. He will contact some computer experts to see if the Committee can set up its own website to post minutes and possibly receive e-mails. Gardner suggested the Committee members meet again together, then schedule first Bergman, then DeRensis as soon as possible in January. The Committee will pay their expenses. Meetings. Regularly scheduled TGSC meetings in 2006 would be January 9 and January 23. A third January meeting could be on the 30th. Lohmann noted that the Nantucket Civic League [NCL] meetings, usually the first and third Mondays, are re-scheduled to avoid the holidays and will conflict on the 9th and 23rd. Gardner suggested that the TGSC might meet earlier -- 3:00 pm -- on the 9th or 23rd, and then have a joint forum with the NCL. Lohmann will discuss this with the NCL and Reinhard will check meeting room availability. The first February meeting would be on the 13th, at 4:00 pm as usual; further meetings to be decided later. Reinhard noted that the Barnstable Charter provides for a periodic review. A report of the review is available. Also available is a booklet on model charters, but as Nantucket is a unique situation, not much applies. Reinhard will attend the Selectmen's and County Commissioner's meetings on Wednesday, seeking endorsement of our mission statement Charter Review. 4.4 Willauer noted that the Provincetown Charter lists the Departments and Commissions specifically, describes their responsibilities, and makes reference to the State Law that governs them. Reinhard noted that the Charter calls for compliance with State law, such references may be in the Administrative Code, and that the Commissions all have their mission statements. Willauer felt the reference to state law requirements, where relevant, should be clearer in the Charter. He cited a requirement that the Board of Health [BOH] have a doctor as a member. Gardner noted that previous attempts to separate the Board of Selectmen [BOS] from the Board of Health had been defeated, although many felt it desirable to have professional expertise on certain boards. Possibly the information could be in an appendix to the Charter, to allow for changes without requiring a Charter change. Willauer noted that the Provincetown Charter is very clear and well organized and questioned whether the TGSC can fix Nantucket's with amendments or will require reorganization. We should use Provicetown's Charter as a basis of comparison. 4.5 Seems clear and straightforward. 4.6 Barnes noted that in the Mashpee Charter, the BOS must confirm appointments; Nantucket's Charter provides that the BOS must deny an appointment by the Town Administrator [TA]. Willauer noted that in Provincetown the Town Manager [TM] can create or abolish departments. There was discussion of the chain of succession if the TA and the assistant TA are not available. [see 4.3(d)] Willauer noted that Provincetown specifies that the Town Clerk is next in command. 4.7 The TA does not oversee the Town Clerk (except for budget oversight). By Nantucket's Charter, the Town Clerk is elected, but State law does not require this. Gardner noted that in some systems a Town Manager appoints the Town Clerk. 4.8 As with 4.4, Perhaps the boards and commissions not within the Town Administration should be listed with reference to the relevant State Laws. 4.9 "Prior notification" is only for information and does not give the TA power to approve or disapprove non-town administrative appointments. Article V 5.1 Could Town elections be combined with State or National elections for efficiency and economy? Gardner noted that some towns set override elections prior to Town Meeting for soon after town meeting. (If the override is not passed the election can be cancelled). This allows the override to go into effect sooner. Nantucket does not schedule the election until after Town Meeting has voter an override. Lohmann asked whether State law prescribes the form of election, or whether the Town could use another system in the case of multiple candidates. These would be questions for Mr. Bergman. 5.2 The BOS may seek information, but not influence appointments. The TA may solicit opinions from the BOS. Can the BOS offer general opinions on how s department is run? 5.4 This follows Massachusetts law on recall provisions, and was included in response to the political climate when the Charter was adopted, as was 5.2. Lohmann asked how candidates would be nominated to be on the recall ballot. Could a candidate be elected with fewer votes than the officer recalled? Should the Town consider establishing term limits for office? What are the requirements for officials leaving Town Government and moving to Town employment? Next Meeting. December 12th, 4:00 pm in the Land Bank Office. The committee will continue with review of Article VI of the Town Charter, and the list of issues and questions, and receive the response of the BOS and County Commissioners to the Mission Statement. Adjournment. 5:40 pm Respectfully submitted, Pamela Lohmann