OPEN SESSION
CHARTER COMMISSION MEETING
Administration Building
One School Street
Sharon, MA 02067
Present: Peg Arguimbau, Alan Garf, Paul Izzo, Abigail Marsters, Andrew Nebenzahl, Paul Pietel and Colleen Tuck
Absent: George Bailey, Sam Liao
Also Present: Jeff Nutting, Town Administrator for Franklin and Herbert Gould, member of the community
Mr. Nebenzahl called the meeting to order at 7:10 p.m.
ADMINISTRATIVE ITEMS
Approve Minutes
MOTION: (Arguimbau/Marsters) Moved to approve the Open Session minutes from the meeting of January 19, 2009 as drafted and submitted to the Committee. Vote was five in the affirmative. Alan Garf and Abigail Marsters abstained.
MOTION: (Marsters/Tuck) Moved to approve the Open Session minutes from the meeting of January 26, 2009 as drafted and submitted to the Committee. Vote was four in the affirmative. Peg Arguimbau, Alan Garf and Paul Pietel abstained.
Acknowledge Correspondence
Mr. Nebanzahl stated that he received a letter from Marlene Chused, Town Clerk, in which she informed the Commission that to hold a meeting on a public holiday date is in violation of the Open Meeting Law. Mr. Nebenzahl stated that in order for the Commission to be in compliance with the law, the Commission would not have a meeting on Monday, February 16th, President’s Day.
As the Commission did meet on January 19th, Martin Luther King Day, any business that the Commission voted on would not be a legal vote. The only vote taken on January 19th was to approve the minutes from the January 12th meeting. Mr. Nebenzahl asked for a new motion to vote on the January 19th meeting.
MOTION: (Arguimbau/Tuck) Moved to approve the Open Session minutes from the meeting of January 12, 2009 as drafted and submitted to the Committee. Vote was four in the affirmative. Alan Garf, Paul Izzo, and Paul Pietel abstained.
Meeting with Jeff Nutting, Town Administrator for Franklin
Mr. Nebenzahl introduced Mr. Nutting and thanked him for taking the time to meet with the Commission. Mr. Nutting presented an overview of his experience in town government over his career as a member of Finance Committee, Board of Selectmen, School Committee, Interim Town Administrator up to his current position as Town Administrator for Franklin. He holds a degree in Public Administration and is currently President of the MA Municipal Association. Highlights from the discussion with Mr. Nutting:
• Franklin adopted their Charter instituting the Council form of town government in 1978.
• Council members were originally 17, but have been reduced to nine. Council is voluntary. Member’s professions range from lawyers, accountants, electricians, business owners, etc. After serving on as a Council member, they cannot be employed by the town for at least one year.
• Council members are elected every two years. There are no staggered elections – all members’ terms are up at the same time.
• Council meetings are twice a month for approximately 1 hr. to 1 ˝ hr.
•The Town Administrator handles routine licensing issues (one day liquor licenses, car licenses, etc.) and manages the day-to-day operations of the Town.
• The Council deals with policy issues and is the policy making body for the Town.
• At the beginning of every Council meeting, there is an Open Forum for citizen participation. There is a 3-minute rule for discussion both during Open Forum and during the meeting. No one is allowed to speak more than 3-minutes on any topic. The Chair sets meeting agendas and appoints any Ad Hoc Committees. Meetings follow Robert’s Rules.
• The Town Administrator is in charge of all town personnel. As a rule, the Council does not become involved with personnel matters.
• Their Capital Committee meets 4 times a year. The Capital Committee makes recommendations to the Council on capital items.
• Budget Committee meets 3 to 4 times a year.
• The Economic Development Committee meets as needed.
• School Administration and Town Administrator and his staff share office space.
• Franklin is pro-active in developing commercial growth. They offer a TIF Tax (Tax Incremental Financing), which allows developers to pay an agreed upon graduated tax.
• The average tax bill in Franklin is $4,300.
• There has been only one successful over-ride in the past 28 years.
• Recall language is written in the Charter as well as process for terminating the employment of the Town Administrator for just cause.
• Mr. Nutting’s immediate staff consists of: An Assistant to the Tow Administrator, one 30-hr./wk. administrative assistant, two 12 hr./wk. clerks and a three –day week in-house attorney.
• The Town and School Department share the Technology Department. The Facilities Director works for the town and School Department. There is a strong synergy between the Town and the School Department.
• Franklin employs a Town Planner.
• The Recreation Department is self-supporting.
• In Mr. Nutting’s view, the general population of Franklin is not actively engaged in the town government process.
• Elected positions in Franklin are: Treasurer, Assessors, Town Clerk, Planning Board and Board of Health. In the view of Mr. Nutting, financial positions should be appointed not elected positions.
• There was a brief discussion on the pros/cons of having an elected mayor vs. appointed Town Administrator/Manager. It was noted that it would be helpful to have Mr. Nutting’s job description. Mr. Currant will endeavor to acquire the job description. Mr. Curran stated that he would contact Mr. Ferrino and Mr. Sanford to schedule them at a future Commission meeting.
Mr. Nebenzahl, on behalf of the Charter Commission members, thanked Mr. Nutting for an informative discourse. Mr. Nutting left the meeting at 8:50 p.m.
OTHER BUSINESS
Mr. Pietel reviewed the expenditures to date made by the Commission.
Mr. Nebenzahl stated that there would be no meeting on February 16th. The next meeting is scheduled for February 23rd.
The Commission members highlighted areas of interest from Mr. Nutting’s presentation.
There was a brief discussion on the procedure for drafting a comprehensive report for distribution to the community, which would explain the recommendations of the Charter Commission. Mr. Curran emphasized that it is the responsibility of the Commission to present to the community the best plan for Sharon.
There being no further business to come before the Commission at this time, Mr. Nebenzahl asked for a motion to adjourn.
MOTION: (Garf/Tuck) Moved to adjourn. Vote was seven in the affirmative.
Open Session was adjourned at 9:22 p.m.
Submitted on behalf of the Charter Committee by: Helen Campanario, Recording Secretary to the Charter Commission