Location: School Department Building
Attendees:
Administrative Items
Mr. Nebenzahl called the meeting to order at 7:05 PM.
Mr. Nebenzahl circulated an agenda.
The members voted 7-0 to approve the minutes of the August 18, 2008 meeting (Mr. Izzo and Ms. Marsters abstaining).
The members voted 8-0 to approve the minutes of the August 25, 2008 meeting (Mr. Liao abstaining).
Mr. Izzo reported no receipt of correspondence.
Discussion:
Mr. Nebenzahl recognized guest Mike Curran, Esquire and invited him to speak.
Mr. Curran stated that he is an attorney with many years experience working with Charter Commissions around the Commonwealth.
He stated that there are three key tasks facing any Charter Commission: (1) look at what you have; (2) look at what you want and (3) put together a plan for how you get there.
He stated that every town has a charter. In most towns, it takes the form of the body of special acts enacted solely for that particular town.
He stated that it is important to identify what problems led to the formation of the Commission. For example, is the legislative body slow to react? Are people’s minds made up when they attend town meeting? Does the town’s form of government establish clear lines of responsibility for policy making?
He stated that the Commission should be creative. Do not simply look at what other towns have done. The Commission should take the lead and not worry only about what we think voters might accept. The Commission members are doing the work, studying the issues. The preliminary report serves as a trial balloon to gauge initial reaction.
He stated that the Guide for Charter Commissions, published by the National Civic League, is useful. Don’t make decisions early. Don’t follow polls. Deal first with the legislative body.
Mr. Curran distributed a document relating several sample issues, along with a document relating to the town of Andover.
He stated that some special acts might be worth keeping. Otherwise, most charters contain a provision expressly overruling all prior special acts.
He stated that modern charters identify selectmen as having authority to make town policy decisions.
He stated that the Commission should avoid taking votes early in the process. Allow commission members to exchange ideas and work to consensus as long as possible.
He recommended the Commission consider the accelerated vs. normal, slower route and have an organization engaged to get the vote out when the charter hits the ballot.
He recommended that the Commission consider alternatives for printing and distributing the report and charter (cost is an issue).
He stated that the attorney general does not have to “approve” the charter. Rather, the attorney general provides an opinion regarding its compliance with law.
He stated that certain towns have consolidated financial operations to avoid duplication of effort.
He stated that a town may not municipal and state elections on the same day.
Mr. Curran concluded by stating that he would, if engaged as consultant, attend all regular meetings and be available by telephone and e-mail. His cost would be about $16,000-18,000.
The members thanked Mr. Curran for his presentation and at 9:05, a short recess was taken.
The meeting resumed at 9:10.
The members discussed whether they should assemble a list of recent governmental events/decisions in the town of Sharon. Mr. Izzo agreed to compile a list for general use of the Commission. Members agreed to send him suggestions.
Mr. Nebenzahl stated that surveys to town officials and boards would be sent soon. The delay was caused by some technical problems with the mailing. The deadline for the respondents will be October 3, 2008.
Mr. Nebenzahl stated that Peter Hechenbleikner, the Town of Reading’s Town Manager and member of the Massachusetts Municipal Management Association (MMMA), will address the members on September 15, 2008, and that Tom Groh, a former town manager, will address the members on September 22, 2008. Attempts are being made to get the Attorney General’s office to send a representative as well.
The members discussed the timetable for hiring a consultant. Mr. Nebenzahl and Mr. Pietal agreed to look into the process for appropriating funds for the consultant and determine how the members could commit long term to a consultant over a long period of time. The members agreed to come prepared next week to discuss whether a consultant is required.
Mr. Nebenzahl and Mr. Bailey agreed to make inquiries of Town Counsel and the Town Clerk to start assembling the special acts.
Ms. Tuck suggested that the Commission conduct a survey of town residents. No action was taken in connection with this suggestion.
Mr. Bailey asked that the Mr. Izzo and Mr. Pietal confirm that the Commission web site contains minutes of all prior meetings.
Mr. Nebenzahl announced the resignation of Bryan Caplan, the administrative assistant to the Commission.
The members voted 9-0 to adjourn the meeting.
Adjournment:
The meeting was adjourned at 10:15 PM. The next meeting will be at 7:00 PM on September 15, 2008, at the School Administration building on School Street.
Minutes submitted by:
Paul Izzo
Attest:
Paul Izzo, Clerk