HomeMy WebLinkAboutTGSCminutes20060130Town Government Study Committee
Minutes, January 30, 2006
Large Group Instruction Room, NHS
Call to Order. Chairman Reinhard called the thirteenth meeting of the Town
Government Study Committee to order at 3:07 pm. Present were members Reinhard,
Gardner, Lohmann, Topham, Sevrens, and Miller; also speaker Keith Bergman and
guests Barnes, Chadwick, Glowacki, and Sutters.
Minutes. The minutes of January 23rd were approved as corrected.
Guest Speaker. Reinhard introduced Keith Bergman, former Executive Secretary for
Nantucket and current Town Manager for Provincetown. Bergman noted he had been
hired in 1981 by then Selectmen Gardner, Grossman, Holdgate, Oliver, and Young, and
has served in four different communities as Executive Secretary [ES], Town
Administrator [TA], and Town Manager [TM]. Of the three progressively more
responsible forms, he said the Town Manager form best allows the community to hold
the administration accountable. There is not the fragmented structure and power sharing
confusion that is present in Town Administrator and Executive Secretary forms. While
Nantucket's Charter gives the Town Administrator many powers of a Town Manager, the
perception of the community and staff does not always recognize the Administrator's
responsibility and power to implement policy.
Provincetown's Charter, amended in 1990, focuses the Board of Selectmen's
[BOS] responsibilities on the "big picture," developing policy, dealing with and finding
solutions to major problems. The Town Manager is given the authority to make most
appointments and thus has a clear relationship to the town departments. Functions, such
as licensing, are transferred to other boards; the BOS members "wear no other hats" and
are freed up to focus on policy, which is then the responsibility of the TM to implement.
The BOS should organize for problem solving; it often has to deal with complex
issues that are beyond the capacity of local governments to resolve. It is thus important
for them to get outside help. Bergman gave as an example Provincetown's sewer issues;
they brought in an experienced and neutral facilitator to help work through conflicting
viewpoints and reach a resolution that was acceptable from engineering, business and
political positions.
A second example was Provincetown's decision to get out of the nursing home
business, resolving a long-running debate between the BOS, who wanted to assure the
service to the community, and the Finance Department, which said the cost was draining
the town's budget. They ultimately reached an agreement with a qualified private non-
profit provider to provide the service; the town contributed land, housing and some
funding.
Bergman suggested a review of the appointment powers to establish clearer lines
of authority. He questioned the purpose of separately elected boards; examine when
competing interests are constructive, when they are a distraction. The purpose should be
to organize to solve problems. Provincetown has few elected boards; all regulatory
boards and all staff are appointed by either the BOS or the TM. Town planning is an
integral part of town government, and carries out the policies of the BOS, which issues
economic development permits.
Reinhard noted that the committee's efforts are to address better ways for
government to deliver services. The Charter defines the BOS's responsibilities as dealing
with the "big picture."
Bergman mentioned Nantucket's NRTA summer shuttle as an innovative solution
adapted on the Cape; likewise, efforts to address affordable housing.
Topham asked about the process of making changes in the structure of the
government, changing the duties of the BOS, the appointment powers. Bergman urged
action through the charter, rather than through a special act of the legislature. The Charter
Commissioners can determine the content of the charter to be voted up or down as a
package, rather than dealing with resistance to specific amendments, articles at Town
Meeting.
Provincetown has a Charter Enforcement Commission which "works by its
existence," having few challenges. There is no regular review of the Charter, but the
Commission responds to proposed amendments to it.
The BOS and the TM have been able to work together over time, as there has
been less turnover since the charter was amended. The BOS usually meets twice a month,
more often as needed -- recently a series of meetings on the budget; another long meeting
devoted to one subject. Gardner asked about the Board of Health; it meets twice a month,
and is required to have at least one medical professional as a member.
Bergman noted that appointed boards can take unpopular decisions when
necessary. If you take away distractions and allow the BOS to focus on policy and
solving big problems, it will be rewarded.
Lohmann asked about how to choose a facilitator and how to maintain control
when "privatizing" functions. Bergman said they had found an experienced, neutral,
unbiased facilitator for the sewer issue, and had turned to him for other problems as well.
An experienced in-house staff person had provided advice on the nursing home decision;
the town continues as a cooperative partner, if not legally and financially, in the
enterprise, and has assured confidence in the businesses model and track record of the
enterprise.
Barnes asked how the sewer infrastructure was funded in an "opt out"
arrangement. Bergman responded that it is funded mostly by user fee and betterment
assessment, some from the room tax (for which special legislation was needed); none is
on the property tax. It serves mostly commercial business; most residences are on title V
septic.
Reinhard asked how to get professional expertise into the decision-making
process. Bergman said you need key knowledgeable staff, engineers, and counsel to
negotiate with bidders. You should appoint people with needed skill sets to fill vacancies.
You need to spend money to create technical RFPs; this is a legitimate borrowing
expense. Provincetown has appointed water and sewer boards which set regulations,
following BOS policies and State Law; the TM appoints the staff.
Bergman says his model for the relationship is that a board is seen as the client,
the staff person is the consultant, and the TM is the president of the consulting firm. The
staff person works for the TM, who provides a service to the board. His job is to keep the
client happy.
Sevrens asked about Enterprise funds. Provincetown has Water and Sewer
Departments; the TM hires the staff as part of the Department of Public Works [DPW],
but they are paid by the Water Department. All DPW employees are assigned to specific
stations, but can be directed elsewhere to solve problems, giving flexibility. Gardner
noted that on Nantucket the Water Commissioners are elected.
Provincetown population is 3,400 in the winter, ~60,000 in the summer; there are
200 town employees.
Sevrens asked about the tendency to bring more duties to the BOS; would
Bergman advocate spreading out more? Bergman said to preserve the chief executive
functions of the BOS and County Commissioners, but other functions should be
delegated to appointed boards who understand that they report to the BOS.
Sevrens noted that on Nantucket the Planning Board deals with growth and
zoning issues. Bergman said that in Provincetown, the BOS "runs the show" by design;
the Planning Board is appointed, and must bring proposals to the BOS, explain its
mission and how the proposal achieves it. The BOS wants a united front, wants to
oversee growth issues. It is concerned to enhance the economic base while preserving
resources and the environment. Sevrens also noted that in Provincetown the Town Clerk
is appointed by the TM, not elected. Bergman noted that continuity of the TM is
important to solving problems. He tries to be supportive of the staff.
Website. Reinhard announced that the Committee now has a website,
www.ackgovstudy.org, and expressed thanks to Sarah Oktay for setting it up for us.
Committee members and the Mission Statement are posted; minutes and contact
information and links will be established a well.
Adjournment. At 4:20 pm the Committee adjourned to move to the NHS cafeteria for
the forum with the Nantucket Civic League.
Respectfully submitted,
Pamela Lohmann