Salisbury Charter Committee

Minutes of Regular Meeting

Tuesday, June 16, 2009

 

 

Members Present:  Bob Carroll (BC), Chairman; Mike Gilbert (MG), Vice Chairman; Robert Straubel (RS), Clerk; Harold Congdon(HC), arrived 8:05 PM; Mary Cuddire (MC); Jim Dondero (JD);; Ed Hunt (EH)

 

Member(s) Absent:   None

 

Visitors:  Ron Ray, Town Moderator

 

BC Opens Regular Meeting at 7:05 p.m.

 

  1. Old Business
    1. Further discussion of Charter Article 2

                                                              i.      BC distributes copies of his proposed change to Article 2, § 2 that reads as follows:  “After the sentence ‘The appointment of a Deputy Moderator shall be subject to ratification by the Town Meeting,’ add:  “If a permanent vacancy  in the office of moderator should occur, it may be filled by the voters of the town.  See General Laws, Ch. 39, §14.”

                                        ii.    MG notes that this wording may not address the possibility that the moderator position could become vacant between the Fall Town Meeting and the next regular town election, and might necessitate an expensive special election.  MG recommends asking Marilyn Contreas, DHCD, when she attends the Committee’s next meeting.

    1. Further discussion of Article 3

                                          i.    BC informs the Committee members that he has spoken to Beverly Gulazian regarding §3-2(c) and the possibility of combining the historical commission and the Pike School trustees in to one appointed board.  Ms. Gulazian said that she has spoken to members of both committees and they are in favor of the idea.  However, more research needs to be done on the exact wording of the Pike School trust agreement.

                                        ii.    BC raises the issue of §3-3(c) wherein the Town Moderator is empowered to appoint the “parks and recreation committee.”  Ron Ray, Town Moderator, says that the moderator was given the responsibility at the 1998 town meeting to appoint a Parks and Recreation Commission (rather than “Committee”).   MG moves to recommend that the wording “parks and recreation committee” in Article 3, §3(c) of the Charter be changed to “parks and recreation commission” – RS seconds – vote in favor 6-0 unanimous (HC absent).  Ron Ray will review the exact wording of the 1998 town meeting warrant article to assure that this change is correct.

                                       iii.    MG moves that the Committee recommend that a new §3-4(c) be added to the Charter to read “There shall be a representative to the Whittier Regional Vocational Technical School Committee who shall be appointed in accordance with the Whittier Regional Vocational Technical District Regional Agreement.” – JD seconds – vote in favor 6-0 unanimous (HC absent).

 

  1. Approval of June 9, 2009 Meeting Minutes
    1. MG moves to approve the minutes as presented – EH seconds – vote in favor 5-0 (JD abstains, HC absent).

 

  1. Discussion – Article 4 of the Charter (Town Manager)
    1. § 4-1:  Appointment; Qualification; Term

                                          i.    BC will ask the Town manager whether or not there exists a “Town of Salisbury Salary Administration Plan” referred to in this section.  If there is not the committee will consider recommending the removal of this phrase from the Charter.

                                        ii.    MG suggests, for the sake of easy reference, the committee recommend adding a footnote referring to Chapter 30, Article IV of the Town By-Laws after the words “Town Manager Screening Committee By-Law”.

    1. § 4-2:  Powers and Duties

                                          i.    MG suggests that, because the town no longer has a school committee, the Committee recommend removal of the words “except the school department.” found at the end of § 4-2 (c) and replace the comma after the word “agency” with a period. 

                                        ii.    MG suggests that, in order to specify the authority for § 4-2 (e), the Committee recommend that the words “as required by Massachusetts General Laws Chapter 40, § 49,” be inserted after the comma after the word “on”.

                                       iii.    MG suggests that the Committee recommend that a footnote be added at the end of § 5-2 referencing Chapter 40, § 49 of the Massachusetts General Laws. 

                                       iv.    In order to require electronic media be included in the distribution system, MG suggests that the Committee recommend that the words “in print and electronically.” be added at the end of § 4-2 (e).

                                        v.    MG suggests that, for the purpose of clarity, the Committee recommend that the words “,if any,” be inserted in the second paragraph of § 4-2 (i) between the words “property” and “to”.

                                       vi.    At the suggestion of EH, the Committee will discuss with the Town Manager the advisability of recommending a change to § 4-2 (s) that would require the Board of Selectmen’s review and signature only for those grants that require the expenditure of town funds.

                                      vii.    MG suggests that the Committee recommend that the words “, except employees of the school department,” be removed from § 4-2 (j) because the town no longer has a school department.

                                                      viii.      MG suggests that the Committee recommend that the words “,but not including food for schools, schoolbooks and other instructional material, supplies and equipment” and “, except schools” be removed from § 4-2(k) because the town no longer has any administrative responsibility for these items.

    1. § 4-3:  Delegation of Authority

 

                                          i.    The Committee members have no suggestions.

    1. §4-4:  Acting Town Manager

                                          i.    The Committee members have no suggestions.

    1. §4-5:  Removal and Suspension

                                          i.    The Committee members have no suggestions.

 

  1. Vote on recommended changes to Article 3 of the Charter (Elected Officers)
    1. BC asks if HC wishes to make a motion regarding paragraph 2. b. (2) of the June 9, 2009 meeting minutes regarding the Planning Board.  HC declines.
    2. MG moves that the Committee recommend the change as stated in paragraph 2.e. of the June 9, 2009 meeting minutes (that the Committee recommend that the Affordable Housing Trust be added to the list of appointed committees in § 3-2 (c)) – HC seconds – vote in favor 7-0 unanimous.
    3. MG moves that the Committee recommend the change as stated in paragraph 2.f. of the June 9, 2009 meeting minutes (removing the “sewer advisory board” from the listing of appointed boards in § 3-2 (c)) – EH seconds – vote in favor 7-0 unanimous.
    4. MG moves that the Committee recommend the change as stated in paragraph 2.i. of the June 9, 2009 meeting minutes (that § 3-4 (a) “Triton Regional School District Committee / Composition, Term of Office” be changed to read as follows:  “There shall be a Triton Regional School District Committee which shall be elected in accordance with the Triton Regional School District Agreement.) – JD seconds – vote in favor 7-0 unanimous.
    5. MG moves that the Committee recommend the change as stated in paragraph 2.l. of the June 9, 2009 meeting minutes (add a footnote at the end of § 2-3 (b) “Warrant Advisory Committee” referring to Chapter 30, Article 2 of the town by-laws) – JD seconds – vote in favor 7-0 unanimous.
  2. Visitor Comments
    1. Ron Ray suggests that there is wording in the Charter that is also covered by the Massachusetts General Laws [“MGL”], and it would be prudent to try and identify these similarities to ensure that there are no conflicts.  MG points out that in many cases Home Rule allows the Charter to supersede MGL.

 

  1. Discussion of future invitees to meetings
    1. BC will invite the Town Clerk to attend the meeting on July 7, 2009 and he will invite the Town manager to attend the meeting on July 14, 2009.  BC will revise the agenda schedule so that discussion of the individual charter sections will be completed before the Committee meets with the Town Clerk and manager.

 

  1. Adjournment
    1. MG moves to adjourn – JD seconds – vote in favor 7-0 unanimous.  Meeting adjourns at 8:40 PM.

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________