OPEN SESSION
CHARTER COMMISSION MEETING
Administration Building
One School Street
Sharon, MA 02067
Present: Peg Arguimbau, Allen Garf, Paul Izzo, Abigail Marsters, Andrew Nebenzahl, Suzi Peck, Paul Pietal and Colleen Tuck
Absent: Sam Liao
Mr. Nebenzhal, Chair, called the meeting to order at 7:15 p.m.
Mr. Nebenzhal stated that the agenda would be taken out of order to accommodate Mr. Urbelis, who is in attendance at tonight’s meeting.
Meeting with Tom Urbelis, Town Counsel for North Andover and Andover
Mr. Nebenzahl thanked Mr. Urbelis for taking the time to meet with the Commission and asked Mr. Urbelis to give the members a brief overview of his town government experience.
Mr. Urbelis has been a lawyer for approximately 30 years and has been town counsel in Andover for 18 years and town counsel in North Andover for 11 years.
Mr. Urbelis presented an overview of how Andover and North Andover conducts their Open Town Meetings. Following the presentation there was a Q&A with the members. Highlights from the presentation:
• Population of Andover – 33,000; population of North Andover – 27,000
• Andover’s & North Andover’s Finance Committee only makes recommendations on financial warrant articles
• A strict deadline of December 31st is adhered to for all warrant articles to be submitted to the Town Manager. There are no “place holders”. A complete warrant article, with specific language, must be submitted to the Town Manager by December 31st.
• Mr. Urbelis stated that the Strategic Planning Task Force consists of a Planning Board representative, a Board of Selectmen representative, a School Committee representative, a Finance Committee representative and a selected group of citizens. The Task Force meets several times a year to discuss issues such as budgets, town finances and capital projects and potential warrant articles that may effect all boards and committees.
There being no further discussion, Mr. Nebenzahl, on behalf of the Commission, thanked Mr. Urbelis for an informative discourse. Mr. Urbelis left the meeting at 7:55 p.m.
ADMINISTRATIVE ITEMS
Approve Minutes
Mr. Nebenzahl asked for a motion to approve the Open Session minutes from the April 27th meeting.
Approve Minutes
MOTION: (Garf/Izzo) Moved to approve the Open Session minutes from the meeting of April 27th, 2009 as drafted and submitted. Vote was seven in the affirmative. Mr. Nebenzahl abstained.
Acknowledge Correspondence
Members reviewed and discussed Mr. Liao’s conditional letter of resignation from the Charter Commission and the response from legal counsel regarding Mr. Liao’s resignation letter. Though all members had received a copy of Mr. Liao’s letter, Mr. Pietal again read the letter for the members.
There was a discussion on whether to accept Mr. Liao’s conditional letter of resignation and seek a replacement on the Commission or not to accept the conditional letter and leave the position on the Commission open until Mr. Liao returns. Prior to the motion and vote, Mr. Nebenzahl polled each member for their opinion. There being no further discussion, Mr. Nebenzahl asked for a motion.
MOTION: (Pietal/Arguimbau) Moved that the Charter Commission not accept Mr. Sam Liao’s letter as a letter of resignation from the Charter Commission. Vote was five in the affirmative. Paul Izzo and Allen Garf voted in the negative. Suzi Peck abstained.
DISCUSSION ITEMS – Overview of Boards & Commissions: Advisory and Regulatory
Mr. Nebenzahl stated that a way to initiate discussion would be for the members to review the list of town officials and committees that was sent by Marlene Chused, Town Clerk.
There was a discussion on the merits and disadvantages of appointed vs. elected boards and committees. Members were asked to identify specific boards, committees, or positions for further discussion. Areas of this evening’s conceptual discussion:
• The role of the Planning Board and how to more clearly identify their responsibilities in relation to coordinating town planning policies.
• Appropriate staffing needed to assist boards in the execution of their duties.
• Should appointments be the purview of the executive branch i.e. Board of Selectmen?
• The law requires elections for Board of Selectmen, School Committee and Town Moderator.
• What boards or positions should be appointed rather than elected i.e. Board of Health, Library Trustees, Assessors, Town Clerk, Housing Authority, Planning Board, etc.?
• Lack of long-range planning and the fragmentation of decision-making.
• The responsibilities of the Finance Committee and their role relative to Town Meeting.
• The future role of the Personnel Board.
• The possibility of developing a Long-Range Planning Task Force.
• The possibility of expanding the membership and responsibilities of the Priorities Committee.
• Establishing quarterly, information-sharing meetings, i.e. budget and finances between all town/school department heads.
• The similarity of and over-lapping responsibilities of various town boards and committees.
There was a discussion on the mechanics and protocol of sharing information with various boards and committees, particularly if the draft charter includes suggested changes to the board or committee. Specific areas identified for further discussion at subsequent meetings: Planning Board, Personnel Board, Finance Committee, the Standing Building Committee, and Town Clerk (elected or appointed).
Mr. Curran stated that the charter should clearly specify that the legislative branch of government should not be performing executive branch functions. June 8th is the target date whereby the members begin to reach a preliminary agreement relative to the draft charter report. It was again stressed that the Commission members must put aside personal prejudices and make decisions based on what is in the best interest of the Town of Sharon.
OTHER BUSINESS
There was a discussion on the protocol for summer meetings, whereby certain members may not be present for votes. Mr. Nebenzahl stated that decisions would be reached more by consensus rather than formal votes and that a member can request a missed discussion to be reopened at a subsequent meeting and that all decisions/discussions would be handled fairly and equitably.
There was a discussion on the procedure to be followed if the draft charter proposal is not unanimously endorsed by the entire membership of the Charter Commission.
Due to the holiday on Monday, May 25th, the next Charter Commission meeting will be Wednesday, May 27th at 7:00 p.m.
There being no further business to come before the Commission at this time, Mr. Nebenzahl asked for a motion to adjourn.
MOTION: (Garf/Izzo) Moved to adjourn. Vote was eight in the affirmative.
Open Session was adjourned at 9:55 p.m.
Submitted on behalf of the Charter Committee by: Helen Campanario, Recording Secretary to the Charter Commission