Salisbury Charter Committee

Minutes of Regular Meeting

Tuesday, June 30, 2009

 

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

 

Member(s) Absent:  None

 

Visitors:  None

 

BC Opens Regular Meeting at 7:03 p.m.

 

  1. Old Business
    1. None.

 

  1. Approval of June 23, 2009 Meeting Minutes
    1. JD moves to approve the minutes as presented – EH seconds
    2. MC and BC offer amendments to the minutes as originally presented
    3. EH moves to accept amended minutes – JD seconds – vote in favor 6-0 (unanimous, HC not present).

 

  1. Discussion of Marilyn Contreas’s recommendation regarding the Charter and Homeland Security
    1. Marilyn Contreas, who attended the 6/23/2009 meeting of the Committee, has submitted an e-mail to the Committee containing suggested Charter wording to address homeland security and other emergency concerns.  She suggests adding a paragraph that reads as follows:

The town manager shall ensure that the board of selectmen is kept fully informed of the town’s emergency preparedness planning. In time of public danger or emergency, the town manager shall direct and oversee the management of town resources pursuant to any applicable state law, regulation, or other protocol(s), directive(s), or agreement(s) in which the town is a signatory and/or participant. Should the town manager be unavailable, the board of selectmen shall perform such duties as may be necessary in such circumstances.

    1. After last week’s meeting, BC discussed the Town’s emergency chain-of-command with the emergency director, Bob Cook.  Mr. Cook said that he reports to the town manager and that the town manger is the person who makes the final decisions in the event of an emergency.
    2. EH says that the selectmen work as a team with the emergency director and the town manager, but the town manager is the one who makes decisions.
    3. The Committee members agree that the paragraph submitted by Ms. Contreas is in keeping with current practices.
    4. MC moves that the Committee recommend adding the paragraph supplied by Ms. Contreas as a new section 4-2 (u) of the charter – JD seconds – vote in favor 7-0 (unanimous).

 

  1. Discussion – Articles 6 (Finance and Fiscal Procedures) and Article 7 (General Provisions)

 

    1. Salisbury Charter § 6-1

                                          i.    The Committee has no suggestions.

    1. Salisbury Charter § 6-2

                                          i.    MG suggests that, for the sake of accuracy and completeness, the Committee recommend that the Whittier Regional School be included in the listing of school budgets.  MG will provide appropriate wording before the next meeting.

    1. Salisbury Charter § 6-3

                                          i.    MG suggests that the Committee recommend adding the words “both electronically and in print” to the end of the paragraph.

    1. Salisbury Charter § 6-4

                                          i.    The Committee has no suggestions.

    1. Salisbury Charter § 6-5

                                          i.    T he Committee has no suggestions.

    1. Salisbury Charter § 6-6

                                          i.    MG suggests that the Committee recommend that a footnote be added to Salisbury Charter § 6-6(a) after the words “Public Hearing”.  The footnote will reference the appropriate Massachusetts General Law(s) [“MGL”] and MG will provide the correct citation at the next meeting.

                                        ii.    MG suggests that the Committee recommend adding the words “published electronically and in print” in place of the word “available” in Salisbury Charter § 6-6(c).

    1. Salisbury Charter § 6-7

                                          i.    JD suggests that the Committee recommend striking the last sentence in the first paragraph of the section and replacing it with “It shall include:”.

    1. Salisbury Charter § 6-8

                                          i.    BC will discuss with the town manager the possibility that the town manager can approve the warrants for payment as opposed to just reviewing them.

    1. Salisbury Charter § 6-9

                                          i.    MG suggests that the Committee recommend adding the words “electronically and in print” after the word “available”. 

    1. Salisbury Charter § 7-1 thru 7-4

                                          i.    The Committee has no suggestions.

    1. Salisbury Charter § 7-5

                                          i.    MG will compose a definition of the word “electronically” to be added to this section.

    1. Salisbury Charter § 7-6 thru 7-8

                                          i.    The Committee has no suggestions.

    1. Salisbury Charter § 7-9

                                          i.    MC suggests that the Committee recommend that additional wording be added to § 7-9(g) giving preference to residents over non-residents when filling vacancies in multiple-member bodies.

                                        ii.    MG suggests that the wording of §7-9(b) regarding the posting of agendas is too restrictive.  Other members of the Committee do not agree that a change is warranted.

                                       iii.    MC suggests that the Committee recommend adding the words “electronically or in print” to § 7-9 (c).

    1. Salisbury Charter §7-10

                                          i.    MG suggests that the Committee recommend adding the words “electronically and” after the word “posted” in this section.

 

  1. Vote on recommended changes to Article 5 of the Charter (Administrative Organization)
    1. JD moves to fix the typo in Salisbury Charter §5-1(b) by replacing the word “alter” with “after” and that the Committee recommend that a footnote referencing MGL C. 40, § 49 be added to the end of Salisbury Charter §5-1(b) – MG seconds – vote in favor 7-0 (unanimous).
    2. JD moves that the Committee recommend that the words “shall become effective on the fifteenth day following the day notice of the appointment is filed with the Board of Selectmen unless the Board of Selectmen shall, within that period, by a majority of all of its members, vote to reject such appointment.” be removed from Salisbury Charter §5-6(a) and that the last paragraph in §5-6 be removed in its entirety – MG seconds – vote in favor 7-0 (unanimous).
    3. JD suggests that Salisbury Charter §5-4 be revised so that town employees cannot serve on town boards or committees that have control over their duties or pay.  Further review of this section by the Committee results in no change being suggested as the current wording provides selectmen with the powers to prevent this conflict from occurring.
  2. Visitor Comments
    1. No visitors are present.
  3. Other Business
    1. BC discusses the schedule for future meetings now that the initial review has been completed.  At least one meeting prior to the public hearing to review the Committee’s suggestions, Committee members will receive a “red-line” copy of Charter showing the Committee’s suggested changes.  Copies will also be distributed to affected town officials, department heads, etc.  This will allow for a final review of the suggested changes before the public hearing when the general public will have an opportunity to comment on the suggested revisions.
    2. The Committee discusses the fact that its review of the Charter has revealed some areas where the performance of town officials and boards does not comply with Charter provisions, and as part of its review, the Committee prepares a report to Town Meeting that could include this information.
    3. HC moves that the Committee provide in its report a strongly worded statement that some provisions of the Charter are not being followed – MC seconds (for purpose of discussion) – vote in favor 6 (RC, MG, HC, JD, MC, EH) - opposed 1 (RS) – motion passes.
    4.  
  4. Adjournment
    1. MG moves to adjourn – MC seconds – vote in favor 7-0 (unanimous).  Meeting adjourns at 8:35 PM.

 

 

 

Minutes Approved By:_____________________________   Date:___________