Monday, November 2, 2009

Administration Building

One School Street

Sharon, MA 02067

Present: Peg Arguimbau, Paul Izzo, Abigail Marsters (arrived after the meeting was called to order), Andrew Nebenzahl, Suzi Peck, Paul Pietal, Colleen Tuck

Absent: Allen Garf, Sam Liao

Present: Member of the community

Mr. Nebenzahl called the meeting to order at 7:12 p.m. and asked the members to consider a review/revision and adjusted compensation to the contract with Michael Curran, legal consultant to the Commission. It was the consensus of the Commission to defer a decision on the proposed financial adjustment to Mr. Curran’s contract, until they have had a chance to review/discuss the balance in the Charter’s account.

Mr. Nebenzahl stated that the major discussion of this evening’s meeting would be the proposed draft Charter and accompanying report.

ADMINISTRATIVE ITEMS

Approve Minutes

Mr. Nebenzahl asked for motions to approve the following Open Session minutes of October 19 and 20, 2009 as drafted and submitted.

MOTION: (Pietal/Marsters) Moved to approve the Open Session minutes from the October 19, 2009 meeting as drafted and submitted . Vote was seven in the affirmative.

MOTION: (Marsters/Peck) Moved to approve the Open Session minutes from the October 20, 2009 meeting as drafted and submitted. Vote was six in the affirmative. P. Arguimbau abstained.

Correspondence

A follow-up letter to the open hearing discussion was received from Herb Gould in reference to the town’s long-range planning.

Mr. Nebenzahl asked the members to discuss the Charter language of the Long-Range Planning Committee – what would their responsibilities be, etc. M. Curran stated that he forwarded proposed language to the members that attempts to address possible concerns members might have. P. Izzo stated that the language is helpful but too esoteric for the average voter.

There was a discussion on what members consider the most efficient implementation of long range planning. A. Nebenzahl stated that what we do not have now is a centralized mechanism. Saugus’ long-range planning language was discussed. The composition of the long-range planning committee and their proposed duties and functions were also discussed. The need for an articulated vision was expressed as well as the process for implementing the vision.

It was the consensus of the members that the long-range planning committee should prepare a vision statement and a master plan for the town that would involve collaboration and input from the governing bodies of the town and the final plan would be presented to the Select Board. A discussion followed on whether it would make more sense to have the Finance & Audit Committee take into account the recommendation of the Long-Range-Planning Committee and would it be necessary for the Long-Range-Planning Committee comment on every article. Following the concerns/suggestions from this discussion, a working draft will be submitted to the members for further discussion.

There was a discussion on the latest email received from the Attorney General’s Office regarding the language contained in the submitted draft Charter proposal.

Mr. Nebenzahl, on behalf of all the members of the Commission, thanked P. Pietal, A Marsters, P. Izzo and M. Curran for reviewing, revising, and correcting the Charter language for language consistency. The members page-by-page again reviewed the draft Charter.

There was a lengthy discussion on the Article 3, Section 3-H: Filling of Vacancies in Elected Offices.

MOTION: (Tuck/Peck) Moved to substitute the language from the Mashpee Charter for the existing language in the Draft, Article 3-1-H #2. Vote was seven in the affirmative.

The Town of Mashpee language reads:

If there is a failure to elect or if a vacancy occurs in the office of selectman and more than one hundred

and eighty days remain before the next regular town election will occur, the remaining selectmen shall

call a special election to fill the vacancy. The board of selectmen shall also call a special election to fill

a vacancy in the office of selectman if less than one hundred and eighty days remain before the next

regular town election will occur upon the request in writing of two hundred voters, provided, however,

that no such special election shall be held within one hundred and twenty days of a regular town election.

There was a discussion on Section 3-3: School Committee. A. Marsters made the following motion:

MOTION: (Marsters/Peck) Move to accept the language as drafted. Vote was seven in the affirmative.

There was a brief discussion on Article 3-3: School Committee.

MOTION: (Marsters/Peck) Moved to accept the language in Article 3-3 as drafted. Vote was seven in the affirmative.

There was a discussion on Article 4-2-B & D: Powers and Duties (Town Administrator).

There was a discussion on Article 5-3: Authority of Department Heads and Other Officers to Appoint Subordinates.

MOTION: (Marsters/Peck) Moved to formally adopt the language as drafted in the proposed Charter. Vote was seven in the affirmative.

There was a discussion on Article 5-7-A & B: Standing Building Committee (Composition, Mode of Appointment and Term of Office & Powers and Duties). The roles and responsibilities of the Standing Building Committee were fully discussed/vetted.

MOTION: (P ietal/) Moved to delete the first paragraph of Section 5-7-B from the language of Section 5-7. There was no second to the motion.

Following further discussion, A. Marsters made the following motion:

MOTION: (Marsters/Peck) Moved to amend the language of Section 5-7-B as discussed on November 2, 2009. Vote was seven in the affirmative.

MOTION: (Peck/Marsters) Moved to substitute the name, Standing Building Committee, for the Planning and Facilities Committee in the proposed Charter. Vote was seven in the affirmative.

There was a discussion on the role, duties and responsibilities of the Capital Outlay Committee.

MOTION: (P eck/Marsters) Moved to add to the responsibilities of the Capital Outlay Committee the responsibility to review the reports of the Standing Building Committee on the conditions of existing town buildings and facilities and make recommendations as appropriate. No vote was taken on the motion.

There was a lengthy discussion on the motion. A. Nebenzahl will confer with Paul Linehan, Chair of the Capital Outlay Committee and report to the Commission at the next meeting.

There was a lengthy discussion on what should be included in the proposed Charter and what should be piggyback by-laws. M. Curran stated that by-laws allow more flexibility.

MOTION: (Peck/Marsters) Moved that the proposed Charter should include reference to the Priorities Committee and the Capital Outlay Committee and membership should be determined by a by-law. Vote was six in the affirmatiave. P. Arguimbau abstained.

There was a lengthy discussion on the composition of the Standing Building Committee and the appointing authority for the SBC.

MOTION: (Izzo/Marsters) Moved to maintain the current language in the proposed Charter with the Board of selectmen as the appointing authority. Vote was five in the affirmative. P. Arguimbau and C. Tuck abstained.

A. Nebenzahl asked for a motion to identify the number of members on the Standing Building Committee.

MOTION: (Tuck/Marsters) Moved that the Standing Building Committee have ten regular members and the eleventh member be a special voting member designated by the proponent of the project. Vote was six in the affirmative. P. Arguimbau abstained.

A. Nebenzahl read the cover letter received from Margaret Hurley at the Attorney General’s office. There was a lengthy discussion on the recent letter from the AG’s Office. It was the consensus of the members that in satisfying the requirements of the AG’s Office, that language should be as close to state statute language. There will be further discussion on this at the Nov. 3^rd meeting.

There was a brief discussion on the timeline for the submission of the final Charter to the Board of Selectmen.

There being no further business, A. Nebenzahl asked for a motion to adjourn.

MOTION: (Marsters/Izzo) Moved to adjourn. Vote was seven in the affirmative.

Meeting was adjourned at 11:12 p.m.

Submitted on behalf of the Charter Committee by: Helen Campanario, Recording Secretary to the Charter Commission