OPEN SESSION
CHARTER COMMISSION MEETING
Administration Building
One School Street
Sharon, MA 02067
Present: Allen Garf, Paul Izzo (arrived at 7:18 p.m.), Abigail Marsters, Andrew Nebenzahl, Suzi Peck, Paul Pietal, Colleen Tuck
Absent: Peg Arguimbau, Sam Liao
Mr. Nebenzahl called the Open Session meeting to order at 7:15 p.m.
ADMINISTRATIVE ITEMS
Approve Minutes
MOTION: (Marsters/Peck) Moved to approve the minutes from the meetings of August 3 & 4, 2009 as revised and submitted to the Commission. Vote was six in the affirmative. Mr. Izzo was not present when the vote was taken.
MOTION: (Garf/Tuck) Moved to approve the minutes from the meeting of September 29, 2009 as revised and submitted to the Commission. Vote was five in the affirmative. A. Marsters abstained. Mr. Izzo was not present when the vote was taken.
Acknowledge Correspondence
Mr. Nebenzahl highlighted the October 7, 2009 letter received from the Attorney General’s Office, in which the concerns of the AG were outlined. Mr. Nebenzahl stated that the biggest concern was that the Steering Committee does not qualify as a Town Meeting, and thus, there is a conflict with the Home Rule Statute. The letter from the AG in its entirety will be posted on the Commission’s website.
Areas of concern for further discussion by the Commission:
• Review language in the draft not to require that the Town Meeting be called pursuant to a warrant.
• Concern that the Town Moderator, under the present draft, is not required to preside at Town Meeting.
• Under the language of the proposal that it was not clear that the Town Clerk had to record all the votes at the Steering Committee meetings.
• There is a statute that gives citizens the right to petition Town Meeting. Citizens can have an article placed on a warrant. The current language impacts the citizens’ petition statute.
• The language for filling a vacancy on the Select Board would impact Chapter 41, Section 10, which requires a special election.
• The Charter retains a six member School Committee, which is not in compliance with Chapter 43B, which requires odd-number boards/committees.
Cautionary concerns of the AG:
• Recall provision.
• Description of the Financial Audit Committee.
• Resolve conflicts between competing statutes, which could be resolved with a special act of the legislature.
Mr. Nebenzahl stated that members must decide whether to continue going forward with the hybrid form of town government or move toward retaining Open Town Meeting in its present form or move toward a Representative Town Meeting or Town Council.
Mr. Nebenzahl relayed his conversation today with the AG’s office. Mr. Curran stated that the AG’s letter surprised him and his letter in response was solely from him and was not on behalf of the Commission.
There was a discussion on the most efficacious way to respond to the AG’s letter. It was the consensus of the members to address each of the concerns raised by the AG in their October 7th letter. Mr. Nebenzahl will compile a letter, which would reflect this evening’s discussions and votes.
In response to the AG’s concern regarding recording votes, etc., it was suggested that the Town Moderator and Town Clerk attend the Steering Committee meetings, which would align the Steering Committee more to a RTM. A question was raised on whether there is a specific number to qualify as a RTM. It was Mr. Curran’s opinion that there is no specific qualifying number. The concept of having the Town Moderator preside over Steering Committee meetings was discussed. The charge of the Steering Committee is to act on warrant articles provided by the Select Board. S. Peck suggested that the mechanics of the process could be explained in a by-law. The goal of the Steering Committee is to dispense with ministerial and routine items that have a tendency to take up considerable time at Town Meeting.
A. Nebenzahl asked if it would be possible to design a by-law in which the Steering Committee meets to discuss items but not take votes at every meeting, thus freeing the Town Clerk from attending every Steering Committee meeting.
Discussion on: page 6, section B – The Charter invalidly restricts citizens’ rights to include subjects on a warrant for a Town Meeting. Question to the members: Does the Commission have interest in permitting citizens to file petition in which they would be guaranteed the right to go to Open Town Meeting after a decision has been made by the Steering Committee? There was a lengthy discussion.
Question to the members: Should the School Committee be a 5 or 7 member committee? Consensus of the members is to have a 7-member School Committee.
There was a lengthy discussion on the process to be followed for filling vacancies on the Steering Committee and the composition (number) of the Committee. There being no further discussion, Mr. Nebenzahl requested a motion, which reflects this discussion.
MOTION: (Marsters/Tuck) Moved that the Steering Committee be comprised of 17 members (2 from each precinct and 7 at large), who would serve three-year staggered terms. Yes vote: A. Nebenzahl, P. Izzo, A. Marsters, C. Tuck. No vote: A. Garf, P. Pietal, S. Peck. Motion carried.
There was a lengthy discussion (pros and cons) on eliminating the recall provision from the Charter. There being no further discussion, Mr. Nebenzahl requested a motion, which reflects this discussion.
MOTION: (Izzo/Garf) Moved to delete the recall provision from the proposed Charter. Yes vote: A. Nebenzahl, A. Garf, P. Izzo, A. Marsters. No vote: P. Pietal, S. Peck, C. Tuck. Motion carried.
Mr. Nebenzahl stated that the School Committee is scheduled to meet with the Charter Commission on Monday, October 19th from 7:15-8:15 p.m. A public hearing has been scheduled for October 26th (date and time to be announced). S. Peck will create a “flow chart” for the public hearing. P. Izzo will create a PowerPoint presentation for the hearing.
There was a lengthy discussion on whether to change the name of the Steering Committee.
MOTION: (Peck/Pietal) Moved to change the name of the Steering Committee to the Legislative Board. Prior to a vote being taken, S. Peck withdrew her motion.
MOTION: (Peck/Izzo) Moved that the Commission change the name of the Steering Committee to the Legislative Committee. Yes vote: A. Nebenzahl, A. Garf, P. Izzo, P. Pietal, A. Marsters, S. Peck, C. Tuck.
There was a discussion on whether to allow amendments; specifically technical rather than substantive, on the Open Town Meeting floor, and by allowing amendments, would it undercut the authority of the Legislative Committee. Requiring the Legislative Committee to vote either up or down on all articles would eliminate the need for amendments on the Town Meeting floor.
MOTION: (Peck/Marsters) Moved that the proposed Charter eliminate the ability of the Legislative Committee not to act on warrant issues. Yes vote: A. Nebenzahl, A. Garf, P. Izzo, P. Pietal, C. Tuck, A. Marsters, S. Peck.
There was a discussion on whether to have a piggyback by-law regarding the 60-day timeline for a decision to be rendered by the Legislative Committee. Following a discussion, Mr. Nebenzahl asked for a motion.
MOTION: (Peck/Pietal) Moved to add language to the Charter that says that the Town requires a by-law to fix the time limits within which the Legislative Committee will act on each warrant article. Yes vote: P. Pietal, S. Peck. No vote: A. Nebenzahl, A. Garf, P. Izzo, C. Tuck, A. Marsters. Motion did not carry.
MOTION: (Peck/Tuck) Moved to authorize amendments to warrant articles, which are necessary in the opinion of the Town Moderator to properly effectuate the purpose of the article. Yes vote: A. Garf, P. Izzo, C. Tuck, P. Pietal, A. Marsters, S. Peck. No vote: A. Nebenzahl. Motion carried.
There was a discussion on the appeal process - a one-step process, keep it to ten voters to take out a petition or allow a single voter to take out a petition and whether to retain the 3% threshold or reduce it to 2%. Following the discussion, Mr. Nebenzahl asked for a motion.
MOTION: (Izzo/Peck) Moved that the Charter change Article 2, G3 to allow a single voter to request that the Town Clerk issue a review petition. Yes vote: A. Nebenzahl, A. Garf, P. Izzo, C. Tuck, P. Pietal, A. Marsters, A. Peck.
There was a discussion on whether to reduce the percentage threshold to 2% and whether to establish a specific day (i.e. January 15th) for voter verification. It was the consensus of the members to table further discussion or votes on this issue until the next meeting.
There was a discussion on elected vs. appointed of Library Trustees. There being no further discussion, Mr. Nebenzahl asked for a motion.
MOTION: (Garf/Peck) Moved that the Library Trustees be elected: Yes vote: A. Garf, S. Peck. No vote: A. Marsters, C. Tuck, P. Pietal, A. Nebenzahl, P. Izzo. Motion did not carry.
It was the consensus of the members to defer discussion on the town-wide maintenance consolidation until the next meeting.
It was the consensus of the members to defer discussion on the hiring process until the next meeting.
S. Peck will present the final list of discussion items at the next meeting.
OTHER BUSINESS
Piggyback by-laws – Is one needed, which would deal with the time limits pertaining to articles that come before the Legislative Committee.
Public Hearing – October 26th. P. Izzo will prepare a PowerPoint presentation.
Outline for October 19th:
7:00 p.m. – Administrative items (October 5th minutes)
7:15-8:15 p.m. – Meeting with Dr. Dunham and School Committee
8:15 p.m. – Consider long-range planning issues
9:15 p.m. – Discussion of deferred topics from the October 15th meeting
9:45 p.m. – Discussion/preparation for Public Hearing at the High School Library – 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: (Marsters/Tuck) Moved to adjourn. Vote was seven in the affirmative.
Open Session was adjourned at 10:08 p.m.
Submitted on behalf of the Charter Committee by: Helen Campanario, Recording Secretary to the Charter Commission