HomeMy WebLinkAboutCharter Commission - 1997-1999CHARTER COMMISSION
MINUTES
MARCH 25, 1999
Present: Chairman John Dunn, Sandra Levine, Peter DeTrolio, Ralph Penney,
Sarah Forbes
1. The Commission held Its last meeting for the purpose of cleaning up odds an
ends.
Correspondence
Memo from Recreation Director regarding calendar events.
Memo from Town Manager regarding town meeting warrant.
FWW Payroll for secretarial services in the amount of $115.68
Motion: To approve
(Levine -Forbes, all in favor) VOTED
Final bill from MMA Consultants showing a zero balance
Minutes of February 18, 1999 were signed by the three members who were
present at that meeting.
Motion: Adjourn
(DeTrolio-Forbes, all in favor) VOTED 7:50pm
Respectfully submitted,
CHARTER COMMISSION
MINUTES
FEBRUARY 18, 1999
Present: Chairman John Dunn, Clerk Todd Sankey, Sarah Forbes, Doreen Tighe,
Peter DeTrolio, Tom Dwyer
1. Correspondence
Memo dated February 4, 1999 from Town Manager regarding Town Meeting
Warrant
Minutes of January 12
Motion: To approve with the amendment to add Tom Dwyer as being
present
(Forbes-DeTrolio, all in favor) VOTED
Minutes of January 27
Motion: ApproveTi he abstain)
(Dwyer -Forbes, DeTrolio, Dunn in favor; Sankey, 9
VOTED.
Bill from Wagner Communications for printing of the final report in the
amount of $5,350.
Motion: Approve
(Forbes -Tighe, all in favor)
Motion: To approve payment to the Postmaster for mailing of the final
report in the amount of $1,0299.53
(Dwyer -Forbes, all in favor) VOTED
Note that the actual mailing cost was $974.25. The remaining $55.28 will
be credited to the Town's bulk mail account.
2. Discussion involved the purchase of signs to promote a positive vote at the
March 15 general election. Mr. Sankey volunteered to contact printers for
prices. The cost of the signs will be paid for by the individual members and
not from any Town funds.
Respectfully submitted,
(, Clerk ST
Date 3p�I9%
v
CHARTER COMMISSION
January 27, 1999
MINUTES
Present: Chairman John Dunn, Ralph Penney, Sarah Forbes, Peter DeTrolio,
Sandra Levine, Tom Dwyer
Meeting opened at 7:30pm
1. Workshop
Mr. Dunn preset d that 1 cove page opiesowi I be prir the nted and close t ed Charter for 19,000 wilhe l be
review. H the last week of January.
mailed. The printing is scheduled to be completed by
The cost of the printing is within budget; the cost of mailing is slightly above the
estimate because of the number of pages in each book.
at
Pm to
The Commission will adjourn Cmittees for ard of qu question and answer session the
meet with Boards and Com
proposed changes.
The Commission is scheduled to meet with the School and howfhewill affect the
February 2, 1999 to discuss the proposed changes
School Department.
Mr. Dwyer is still trying to make contact with the Women of Today.Mr. Dunn
.;
n committee,
r.
has scheduled a meeting with
Band MsII orbescan wwith the Count I on D g,n9 with
the Democratic Town Com
2. Meeting adjourned at 7:55pm
Respectfully submitted,
Date
Clerk
L
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�k&
P_
CHARTER COMMISSION
MINUTES `
�. 17 OUT !0 1t 30
SEPTEMBER 30, 1997
C
-1 C,
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, CNA o'dA"S9Q j S
Tom Dwyer, Sandra Levine, Doreen Tighe
Meeting opened at 7:50pm
1. Mr. Dunn advised that the Town Clerk stated that the number of signatures for a
warrant ,article can be decreased but not increased, according to State law. Also that
the Board of Selectmen cannot appoint a Moderator, but town meeting can elect a
Moderator. Mr. Dunn checked with Mark Morse to verify this and he said it was true.
2. Minutes of September 16
Motion: Approve
(Amoroso-Sankey, all in favor) VOTED
Minutes of September 23
Motion: Approve
(Amoruso-Sankey, all in favor) VOTED
3. Correspondence
Letter from Commission to Acting Town Manager regarding agreement to transfer
$3500 from expense account to salary account with an article at the Fall town meeting.
Letter from the Animal Welfare Committee regarding proposed wording for creation
of Committee in Charter
4. Discussion of including the Animal Welfare Committee in the Charter. Mr. Dunn
noted that the Animal Welfare Committee could be disbanded by the Board of
Selectmen at any time, that adding them in the Charter would establish permanence
for their cause as advocates for animals. Mr. Dwyer felt that the Animal Welfare
Committee should not be included in the Charter, that committees of this type do
not remain active for very long. He noted that the Animal Control Officer is
governed by the Police Chief and State regulations, so there is a mechanism for
animal protection. Mr. Sankey stated the Committee is of value to the town and
serves a function that the Police and Animal Control Officer do not, also they do
not receive much support from the Police Chief and Animal Control Officer. Mrs.
Tighe also felt they should not have Charter status, that their function could be
covered by bylaw. Mrs. Levine was also opposed to the Committee being in the
Charter but would support them as a bylaw.
5. Section 3-2.2 —Note that the State law has changed and the number of days is 65.
This is to be verified in writing from Mark Morse.
i
s 6. Section 3-2.3 - leave as is
9
7. Section 3-2.4 — Consensus to remove the words "and shall report thereon semi-
annually to the voters" and replace with "and shall report thereon in the annual
report to the voters".
8. Section 3-2.1 - Note to clarify the filling of seats. The Town Clerk had noted that
if a person wanted a specific seat he would have to take out papers for that seat.
9. Remove the words "subject to his direction or supervision". Change the sentence
to read: "The board of selectmen shall be the Board of Directors of corporate
Mansfield, and shall appoint a town manager as the town's chief executive and
administrative officer, and shall deal Meltruoly through him with town officers
and employees."
10. 3-2.6 — Remove the word "insure" and replace with "provide for"
11.3-2.7 Remove the word "insure" and change to "provide for". Remove "are
provided„
12. Public Comments:
Andy Gazzolla met with the board regarding the role that the Finance Committee has
assumed. He feels that the Finance Committee should be just an advisory board and
i not be involved in strategy; that there needs to be a budget process in place. He felt
that a three-year term on the Finance Committee was sufficient. He would not support
a chief financial officer position, but would support some type of personnel director or
department.
13.3-2.7 —Public Works Commission — Discussion involved separating water and
sewer from the Board of Selectmen, making them advisory to the Board of
Selectmen, keeping the board of selectmen as a policy making board and having
the town manager implement their policy. It was noted that there is currently a
basic structure for water and sewer already set up, with the department heads
reporting to the Town Manager.
Discussion also included the need for a separate board of electric commissioners to
have more real power than water and sewer commissioners. It was questioned how
they could be advisory and still follow the State law. Mr. Dwyer offered to draft a
paragraph for the Commission's consideration, which would define these functions,
Mrs. Tighe will supply definitions from other Charters, which address these issues.
14: Motion: To adjourn
(Dwyer -Sankey, all in favor) VOTED 10:05pm
Respectfully submitted,
Clerk Date
CHARTER COMMISSION
MINUTES i OCT -2 F. `i a, 11
SEPTEMBER 23, 1997 Hi 11, , ,ITS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Peter DeTrolio, Doreen Tighe, Sandra Levine, Ralph Penney, Sarah Ferbes, Tom
Dwyer
Meeting opened at 7:35pm
L :Commission held a workshop meeting with consultant Mark Morse to receive
information from him on issues that have been discussed in previous meetings. '
Discussion at this meeting included:
Set up of changes for preliminary report: Mr. Morse suggested printing the old
section, show the changes and include a comment section, so the reason for the change
can be understood. Mr. Penney also suggested using a "red line" for deleted items and
a highlight for additions.
Limiting the powers of town meeting, can some things done at town meeting
now, such as road acceptances, be delegated to the board of selectmen: Mr. Morse
stated that taking some of these things away from town meeting would be changing the
legislative function of town meeting, but that it could be done with specific language.
He felt that responsibility for some items could be assigned to the board of selectmen.
Although there is no specific section in the general laws outlining the function of town
meeting it does conduct all legislative business such as adopting by-laws, adopting a
budget, borrowing money, buying and selling land, accepting gifts, road acceptances.
The town meeting cannot be involved in the tax rate.
Order of warrant article: Mr. Morse felt that would be best left alone.
Hour of adjournment of town meeting: Charter could specify that town
meeting will end at a specific hour.
Order of warrant articles: Mr. Morse answered that the legislative body can
change from meeting to meeting and has the right to change the rules.
Feasibility of having two town meetings, one in the Fall for special articles and
one in the Spring for financial articles. Mr. Morse stated the Fall town meeting seems
to work, and that this does eliminate special town meetings.
1' Hold elections in the Fall: Mr. Morse stated that technically in a town the
election is part of the annual town meeting, but could be held after the town meeting
by changing the order of articles. He will research a fall election further.
Creation of separate board of electric commissioners: Mr. Morse thought that
a separate board could be appointed, and that it's powers must be specific in the
Charter. There are statutory requirements for electric commissioners when elected,
giving the board of selectmen no authority over them.
Having boards, committees and commissions appoint their own director: Mr.
Morse stated that normally there is an appointing authority for boards and department,
heads. The town manager could make the appointment with a majority vote from the
board of selectmen.
Recall procedure, requiring signatures from a percentage of each precinct:
Mr. Morse stated that this is not common but could be done. He felt that the recall
procedure should be very rigorous.
Board of Assessors, question of what statutory responsibility they have, what
their function is. Mr. Morse will investigate the statutory authority with the possibility
of giving them only appellate authority and creating a professional assessor position.
Consensus of the Commission to request that Mr. Morse provide a list of legislative
items that are appropriate to be handled by the board of selectmen.
Consensus of the Commission to request that Mr. Morse prepare language on the
board of assessors.
Unified financial department and chief financial officer: Mr. Morse noted that a
description could be found in Chapter 43C of the Massachusetts General Laws, Mr.
Penney noted the creation of this position had been attempted and the information
could be obtained from the town manager's office.
Mr. Morse will give the Commission a written response on the following items:
October election; emergency management position appointment; powers of the
legislative body; board of assessors and financial department; indemnification for
boards, committees and appointed officials.
2. Correspondence
Memo from the Acting Town Manager regarding the budget transfer. Send a letter
back to the Acting Town Manager and Finance Committee agreeing to the town
meeting article to transfer funds from the expense account to the salary account.
Memo from the Acting Town Manager regarding articles to be submitted for town
meeting.
Minutes of September 16 to be held for the next meeting.
3. Mr. Amoruso stated he was asked if the Commission wanted to have any more
meetings cable cast. When the Commission comes to more definite decisions and gets
close to the required public hearing date this could become a valuable promotion tool.
4. Mrs. Levine brought up the fact that a preliminary report is due by November 14
and based on what the Commission has covered, and has yet to cover, does the
Commission still believe they will make the dead line. Membership indicated they
wanted to proceed toward that deadline.
5. Mr. Dunn noted that former Town Manager Chad Maurer would be willing to
speak to the Commission. He will attend the October 7 meeting.
6. Meeting adjourned 9:45pm
Respectfully submitted,
Cjerk5 Date
l - �p -`t7
CHARTER COMMISSION
MINUTES S71 OCT -2) 1"11 ,
SEPTEMBER 16, 1997 i '1
i'Fs �r.C!" 1'ET S
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Ralph Penney, Tom Dwyer, Sarah Forbes, Sandra Levine, Doreen Tighe
Meeting opened at 7:35pm
1, Correspondence:
Letter dated September 9, 1997 to Mark Morse regarding the response to the
Commission's questions and requesting that he meet with them on September 23.
Letter dated September 9, 1997 to the Finance Committee regarding a transfer of
funds to the salary account
Minutes of September 4, 1997
Motion: To approve
(Amoroso -Sankey, Penney, Dwyer, Tighe, Levine, Dunn in favor;
Forbes abstain) VOTED
Mr. Dwyer noted that the minutes reflect some very precise language and while he had
no problem with the content he did not feel the board should be concerned with
specific language at this point. It was noted that the minutes are a statement of what
went on at the meeting and only reflect a consensus, as no votes were taken.
Minutes of September 8, 1997
Motion: To approve
(Forbes -Tighe, Sankey, Dunn in favor; Levine, Amoruso, Penney, Dwyer
abstain) VOTED
2. Workshop discussion:
a. Mr. Penney questioned if the -Moderator should be allowed to vote at town meeting
since he should be unbiased and his vote could influence the vote of town meeting.
This question was discounted on the basis of the Moderator being a resident of the
town and having a right to vote. Mr. Sankey stated he believes the moderator should
be appointed to a two to three year term.
b. Article 1 Section 3-1 General Provisions paragraph 1 - Consensus to leave as is.
c. Section 5-13:
Mr. Sankey presented the idea of having the finance committee elected. He also stated
that if the position of Chief Financial Officer were created then the finance committee
could be eliminated. Mrs. Tighe stated the finance committee should be an advisory
board, and should not be an elected board because they are not making policy. Mr.
Penney stated that rather than eliminating the finance committee he would like to see
their duties better defined, making the board,of selectmen untimately responsible for
the budget. The finance committee has taken on additonal duties because no one else
has. He did not feel a financial director would be appropriate for the town.
Mr. Dwyer stated he would limit the number of elected boards, that elected officials
should be setting overall broad policy and making appointments. The finance
committee should make a recommendation to the board of selectmen on the budget.
He noted that one of the questions to be directed to the Consultant is what are "all the
powers and duties under the general laws" of the finance committee.
Ms. Forbes stated that the Moderator should be elected because he is controlling the
business of the town, and the position should not be put in the hands of an appointed
person. She did not agree with adding more boards to be elected.
Mrs. Levine felt that the Moderator should remain elected. She noted that the Charter
states "the finance committee shall annually report to the voters'; making them an
advisory board. They are also responsible for emergency transfers and should
absolutely not be abolished.
Consensus for proposed wording for Section 5-13: The finance committee would
review the town manger's budget, it would make a recommendation to the board of
selectmen, it would report to the town meeting.
d. Section 4-2 Consensus to add the statement "inculding the requested school
appropriation"
e. Section 8-2 Consensus for proposed wording: "the town manger shall submit to
the board of selctmen for the approval, and to the finance committeee for their
advisory recommendation, a proposed budget, including the school commitee budget."
f Mr. Sankey que.qtioned having the school committee make the appointment to the
regional school committtee rather than having it elected. It was noted that the regional
school committee does not act on behalf of the Mansfield school committee, but only
on how the Mansfield student impacts the regional school.
g. Mr. Amoruso presented the idea of having the chairman of a separate board of light
commissioners be a member of the board of selectmen, this would give the selectmen
some say in the direction of the light commissioners. Mr. Sankey felt there should be a
director to oversee all of the utilities for the town. Mr. Penney stated he did not feel
there could be one person with the technical ability to oversee water, sewer, roads and
electric, that there should be appointed boards to advise the selectmen. Mr. Dwyer
'i questioned what the power of the separate board would be, if they would be advisory.
Mrs. Levine stated she would like the separate board to be advisory only.
Consensus: For a separate board of light commissioners, appointed by the board of
selectmen. (Create as Section 5-17)
Mr. Dunn noted that if these do become separate boards that the board of selectmen
should be required to set an annual policy for each board. Mr. Dwyer suggested that a
board of water and sewer commissioners could be establised by by-law.
Consensus: To have a separate board of water and sewer commissiners appointed by
the board of selectmen. (three members were opposed) (Create as Section 5.18)
h. Section 3-1 paragraph 3: Consensus to add sentence "This provision does not
apply to ad hoe or temporary committees"
i. Section 3-1 paragraph 4: Consensus to leave as is.
j. Section 3-2 paragraph 1: Needs to be clarified.
k Section 3-2 paragraph 2: Question of whether "90 days" conflicts with State law.
Clarify with consultant.
1. Section 3-2 paragraph 3: Consensus to leave as is, the board of selectmen will
continue making policy decisions for electric, water and sewer.
3. Motion: To adjourn
(Sankey -Forbes, all in favor) VOTED 10:00pm
Respectfully submitted,
Clerk Date
CHARTER COMMISSION
97 S� :' .
SEPTEMBER 8, 1997 i { 5
MIN�PSS'U,iw;1 U S
Present: Chairman John Dunn, Clerk Todd Sankey, Peter DeTrolio, Doreen Tighe, _
Sarah Forbes
1. A joint meeting was held with the Library Trustees, Council on Aging, Historic
Commission, Airport Commission, Recreation Commission and Animal Welfare
Committee. The purpose of the meeting was to gather information from these boards
and committees on how the present Charter works for them and what changes need to
be addressed.
A representative from the Council on Aging stated they feel very strongly that they
should retain the ability to appoint their director and assistant director, although they
would have no objections to the town manager's involvement as long as the Council
could review the qualifications.
The representative from the Library Trustees stated it is also their wish to appoint the
library director. The trustees evaluate the director and send a copy to the town
manager. The Trustee's authority falls under Massachusetts General Laws Chapter
78, which gives them complete jurisdiction over all activities.
The Recreation Director Lorilee Fish noted that she was interviewed and hired by the
town manager after the Commission sent three candidates to him. The director
answers to the town manager on a daily basis and also gets assignments from him and
occasionally the board of selectmen. This sometimes causes a conflict with the
Recreation Commission. Ms. Fish noted that parks and maintenance has been taken
over by the Department of Public Works so that function should be removed from the
Recreation Commission section. The recreation commission is currently setting policy
for the use of the parks, and feels there should be a definition of parks commission.
Membership from the Animal Welfare Committee stated they are presently an advisory
board defined solely by the Town's by-law and are concerned they could be dissolved
at any time by the Board of Selectmen. They are currently rewriting the by-law and
would like to have permanent committee status. They currently have do all the work
at the animal shelter, although the Police Chief is fully in charge. They stated they
would be happy to take on the responsibility of the humane officer.
Jeff Sienna, representing the Airport Commission stated that Massachusetts General
Laws Chapter 90 Section 51 is the Commission's authority and the Charter presently is
sufficient for their needs.
The Historic Commission representative stated their mandate comes from State law as
well and the present Charter is sufficient for their needs.
9
Among the board and committee members present there was a consensus that a three
year term is sufficient, that there needs to be some change in the interviewing process
for appointment to boards, and that their positions should remain appointed rather than
elected.
2. Minutes of September 4 will be held until the next meeting.
3. Mrs. Tighe noted that the Commission had a consensus regarding having elections
in October. She did not believe this could be done since Article 1 (Elections) has to be
a certain number of days before town meeting.
Mrs. Tighe wished to go on record that she is opposed to the open town meeting and
would like to see a representative town meeting.
4. Chairman has been advised of a problem with the set-up of the budget in that
$29,000 has been placed in the expense account and $1,000 in the salary account. The
Commission had requested $4,500 in the salary account with the remainder in the
expense account.
Motion: That we request a transfer of $3,500 from current expense account to a
salary account
(Tighe -Forbes, all in favor) VOTED
` 5. There will be a letter sent to the consultant asking him to respond to the items in
paragraph five of the September 4 minutes.
6. Motion: To adjourn
(Forbes -Sankey, all in favor) VOTED 8:35pm
Respectfully submitted,
Todd Sankey
Clerk Date:
l�l31
f
g CHARTER COMMISSION
MINUTES
r,
SEPTEMBER 4, 1997 I) S.
Present: Chairman John Dunn, Vice Chairman Louis Amoruso, Clerk Todd Sankey, .
Tom Dwyer, Peter DeTrolio, Ralph Penney, Sandra Levine, Doreen Tighe
Meeting opened at 7:40pm
1. ' -lotion: To approve the payroll in the amount of $304.SO for August meetings
(Amoroso -Penney, all in favor) VOTED
2. Correspondence
Letter dated September 3, 1997 from Leslie Pasch, Library Director regarding the
role of the Library Trustees
Memo dated August 26, 1997 from Acting Town Manager regarding preparation
of articles for the fall Town Meeting warrant.
3. Minutes of August 4
Motion: Approve
(Amoroso-DeTrolio, Dwyer in favor, Dunn, Penney, Levine, Sankey
abstain; Forbes and Tighe not present for vote) VOTED
Minutes of August 18
Motion: Approve
(Amoroso -Sankey, Dunn, DeTrolio, Penney, Tighe in favor; Dwyer,
Levine abstain) VOTED
4. The Commission held a workshop to begin discussion of the Charter paragraph by
paragraph. After detailed discussion the following consensus were reached:
Article 1 Powers of the Town
Section 1-1 Incorporation: Consensus to leave as written
Section 1-2 Scope of Town Powers: Consensus to leave as written
Section 1-3 Construction: Consensus to leave as written
Section 1-4 Intergovernmental Relations: Consensus to leave as written
Section 1-5 Town Seal: Consensus to leave as written
Article 2 Town Meeting
Section 2-1 Legislative Power: Consensus to leave as written
Section 2-2 Presiding Officer: Consensus to leave as written
Section 2-3 Time of Meeting: Consensus to change the first paragraph to read:
"Th-, annual town meeting shall commence with Article 1, Municipal Elections, on the
second Tuesday of October. All other Articles shall be considered at an adjourned
session commencing on the first Monday of May, and ending on or before the first day
of June. Time and place for the annual meeting shall be designated by the board of
< lectmen in accordance with the General Laws "
Consensus to change the second paragraph to read: "The board of selectmen
by a majority vote, may call a special town meeting whenever they deem necessary.
The board of selectmen must call a special town meeting within 45 calendar days after
receipt of a petition to that effect which contains the signature of at least five percent
5% of the reaistered voters of the town."
Section 2-4 Availability at Town Meetings: Consensus to leave as written,
Section 2-5 Procedures: Consensus to change the first paragraph to read:
"The town meeting shall adopt Robert's Rules or Order and may from time to time
amend, revise, or repeal such rules governing the conduct of the town meeting as it
may deem necessary or advisable."
Consensus to change the second paragraph to read: The board of selectmen
shall insert in the warrant for the annual town meeting all articles which are petitioned
of them by one percent Gto) of the registered voters of the town. The warrant for the
annual town meeting shall be closed to additional articles the first day of March by the
board of selectmen. The Annual Report on the Warrant shall include the Finance
Committee report, the Town Manager's budget message, the report of the Capital
Improvement Program Committee and reports on other articles by appropriate town
boards; it shall be made available to the public at least seven days prior to the Annual
Town Meeting."
Consensus to change the third paragraph to read: "The board of selectmen
shall insert in the warrant for a,special town meeting all articles which are petitioned of
them by two percent (2%1 of the registered voters of the town."
5. Members noted they would like the consultant to address the following items:
limiting the power of town meeting; the mandated responsibility and function of town
meeting; could town meeting get involved in setting the tax rate; could town meeting
determine the order of the warrant articles; time of adjournment of town meeting.
6. Mrs. Levine stated that at this point she would like to make the Charter revision a
two year project rather than have the membership stressed to meet the November 18
deadline for the preliminary report to be submitted to the Attorney General's office.
Members present did not feeel it was necessary to make that decision yet.
7. The schedule for future meetings will be as follows, with additional dates to be
added if needed.
Tuesday, September 16, 23, 30
Tuesday, October 7, 14, 21, 28
8. Motion: To adjourn
(Penney -Dwyer, all in favor) VOTED
Meeting adjourned 10:lOpm
Respectfully submitted,
Todd Sankey, Clerk Date:
C1►1��- I
t CHARTER COMMISSION
August 18, 1997 MA CC, r, � T 7 S
MINU'T'ES '
Present: Chairman John Dunn, Vice -Chairman Lou Amoruso, Clerk Todd Sankey, Peter
DeTrolio, Ralph Penney, Doreen Tighe
1. Meeting called to order 7;40pm
The Commission held a joint meeting with: ;Superintendent of Schools John Moretti,
Acting Town Manager Richard Boucher, Town Clerk Judith Scott, Assistant Town Clerk
Helen Christian, Industrial Development Commission members Jay Barrows and Tom
Prestwich. The purpose of the meeting was to gather information from the individuals
present regarding their perception of how the present Charter works.
Richard Boucher: As Acting Town Manager he did not see any problems with the
structure as it exists. He did feel that the town should have a personnel director and
possibly that person would be shared town wide. He agreed that the town should have a
centralized purchasing procedure, also to be shared town wide. He stated that he has
discussed with the Board of Selectmen the possibility of setting up a building
maintenance department. As Town Manager he would not present a budget to Town
Meeting unless the Finance Committee and Board of Selectmen; agreed on its content.
He would not be opposed to having the Recreation Commission and Council on Aging
appoint their own agents, however a Town Manager needs to have a team that he can
work with and not have someone forced on him that he does not like. When asked about
the residency requirement for a town manager he stated it would probably be easier if he
lived in town but did not feel strongly one way or the other. He did indicate that he
would like to see the position of assistant to the town manager reinstated.His opinion on
a finance director position was that the person should have enough jurisdiction to be able
to control the cash flow and should have some say over the Assessor's office regarding
work flow scheduling.
John Moretti: As far as any role he would have under the Charter the State legislation
defines the role of the school superintendent and school committee. On the question of a
shared personnel board or director, although he has not spoken to the School Committee
and could not make any commitment, he felt that it would be helpful. Regarding the
establishment of a town wide building maintenance department, he stated he would like
more involvement in the process and could discuss this with the town side. He suggested
moving Town Meeting to early May in order to have more definite information on
funding. He felt that it is important for the superintendent not to have to live in the
community in which he works in order to maintain a balance in his life. Also the
residency requirement can hinder the chance of getting a good candidate. He requested
that the Commission give strong consideration to including the School Committee as
{ voting members on the Capital Improvements Committee,
Judy Scott: She suggested the possibility of moving the entire town meeting and election
process further along into the Spring. She would also like to have the election changed to
Tuesday and did not feel that elections on Saturday would increase participation. She felt
that the recall process should be made more difficult than it is, but not impossible. On
the question of residency she stated that it is perfectly legal for a person to meet all the
requirements of residency but live somewhere else.
Jay Barrows: He suggested that the IDC maintain the Industrial Development Finance
Authority, at least it's function, in order to take advantage of State funding. He will
check into whether or not the funding is still available through the State. His view of the
function of the IDC is to attract business to the town and develop the existing businesses.
The Town Manager should continue to make the IDC appointments, as he is more or less
the leader of the group and liaison with the business community. He presented a list of
goals and objectives and a mission statement. On the question of length of appointment
he felt that three years was fine.
2. Correspondence:
Letter dated August 4, 1997 from Attorney Michael P, Curran. Mr. Dunn noted that
he did not get back to Mr. Curran when the Commission hired Attorney Morse and is
doing so by return letter, Mr. Curran enclosed an information sheet on "Completing
the Draft of the Charter".
Minutes of July 21, 1997
Motion: To approve
(Sankey-Amoruso, Dunn, Penney, DeTrolio in favor; Tighe abstain)
VOTED
After a question by Mr. Penney it was noted that there was no consensus on
any matter at the July 21 meeting.
Minutes of August 4, 1997
Motion: To table for the next meeting
(Tighe-Amoruso, all in favor) VOTED
Payroll for the month of July in the amount of $345.10
Motion: To approve
(Amoruso-Penney, all in favor) VOTED
3. Mr. Amoruso stated the he left the notebook of other town's charters at the library for
the members review.
u
4. New Business:
Discussion of the Commission meeting before the September 8 scheduled meeting. Agreement
was reached to meet on Thursday, September 4, in a workshop session to begin review of the
Charter paragraph by paragraph.
It was noted that Mark Morse has not responded to items put before him at the July 21 meeting
5. Motion: To adjourn 9:45pm
(Sankey -Penney all in favor) VOTED
Respectfully submitted,
Todd Sankey
Clerk Date
CHARTER COMMISSION
MINUTES
`FS'V1 n
`fail
i SLP '9 f'..<:i 8: 23
LD
AUGUST 4,1997 HA 1,13; UHTTS
Present: Vice Chairman Lou Amoruso, Doreen Tighe, Peter DeTrolio, Sarah Forbes,
Tom Dwyer
1. Meeting opened 7:30pm for a group discussion with the following: Light
Commissioners Bill Madan, Amos Robinson, Norman Mahana, "Chico" Colella,
Dianne Royle; Light Department Manager John Larch; Light Department Business
Manager; Water Operations Manager Robert Morrison, Waste Water Operations
Manager Ken Hackett.
Discussion involved the role of the Light Commissioners and their function under the
present Charter.
Mr. Colella: The Commissioners have the responsibility of seeing there is enough power
for the Town of Mansfield. They are a policy making board and direct the Light
Department Manager to perform in the best interest of the Town. He feels that the Board
of Selectmen should remain the Light Commissioners, that if there were a separate Board
of Light Commissioners it would be easy for them to give themselves a salary. Since the
ultimate responsibility lies with the Board of Selectmen they should remain as
commissioners for light, water, sewer and public works.
Mr. Robinson: Stated he felt the Light Commissioners should be separated from the
Board of Selectmen because of the extensive detailed regulations regarding the purchase
of power.
Mr. Madan: He feels that the Board of Selectmen should remain as Light Commissioners
so that there is some flexibility with finances, allowing the Light Commissioners to '
authorize the transfer of funds from the Light Department to the town in lieu of taxes. If
there is a separate Board of Light Commissioners they may not have the same financial
view as the Board of Selectmen. He is s- favor of a financial director for the Town, as
long as the School Department remains in control of their own budget. He felt there
should be'a separate personnel board.
Mr. Mahana: He inferred that he would not want the Light Commissioners split from the
Board.of Selectmen, that if they were split he is not convinced that Light Commissioners
would still hold down costs, an elected Board of Light Commissioners they could vote
themselves a salary. As a Selectman all he needs to know is the general condition of the
light department and how it is run. He felt that the water and sewer departments should
remain under the Department of Public Works and be set up as an enterprise account. He
stated he believes the Board of Selectmen should be the personnel board for the town,
that the function should be removed from the Town Manager. There should be one
personnel policy to cover all town employees.
Mr. Larch: The Light Department is an autonomous department in the town, it operates
as an enterprise fund by State statute, there are limits as to where Light Department
money can be spent. The Light Department accounting, which is handled by their own
staff, is on a calendar year and the accounting practices are prescribed by the Department
of Public Utilities, which are not the same as what the town follows. He is required to
present a forecast of revenues and expenditures. ; The Light Department office staff and
supervisors are non-union, plant personnel are union. They have a labor counsel with the
Light Commissioners being in charge of their collective bargaining.
Mrs, Royle: She would like to see a separate Board of Light Commissioners to deal with
the new regulations coming forward, to challenge the manager and be working in the best
interest of the town.
2. Minutes of July 7, 1997
Motion: To Approve
(Dwyer-DeTrolio, all in favor) VOTED
Minutes of July 15, 1997
Motion: To Approve
(Dwyer-DeTrolio, all in favor) VOTED
Minutes of July 21, 1997
Mr. Dwyer noted that the first sentence in item #2 should read: "He ,
suggested that the discussion with the MBC had nothing to do with the
Charter....
3. Mrs. Tighe noted that she is still trying to get in touch with the person she would like
to have met with the c --mission for discussion of representative town meetin, nd
elected versus appointed officials.
4. Old Business
Discussion among Commission members:
Mr. Amoruso noted that the problems being discussed most often with the Boards,
Committees and department heads are not Charter related issues, they are problems
with structure, management and leadership.
Mr. DeTrolio stated that he disagreed with the Municipal Building Committee's
statement of not needing a professional person on staff. He felt that with the amount
of buildings and investment that there is a need for a professional person, that leaving
the responsibility for town buildings with the Town Manager then maintenance tends
to be a small item. There has been discussion on whether or not the MBC should be
responsible for overseeing the maintenance of town buildings.
Mr. Dwyer made the point that, historically, the maintenance projects are not funded
then they are not done, no matter who is overseeing them.
There was a general consensus among the members present that there is a need for
setting up some kind of personnel structure, either a personnel board or a personnel
director. This may beset up as a central office to include all town personnel.
5. Motion: To Adjourn
(Dwyer -Forbes, all in favor) VOTED
Respectfully submitted,
Todd Sankey, Clerk Date n
CHARTER COMMISSION
e'"ar'191 P, 12::0
MINUTES
JULY 21, 1997 i t `.'- 17TTS
S
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Peter DeTrolio, Tom Dwyer, Ralph Penney
Meeting opened at 7:30pm
1. Joint meeting with Municipal Building Committee members Dave Young and Jim
Liddick.
Mr. Young's comments included his opinion of the MBC's function, which is to
oversee the design, construction, originally equipping and structural improvements of
municipal building projects after others have determined a building project should go
forward. He believes the MBC should also be involved in the study phase of proposed
projects. Also, that proposed language in the Charter should clarify ;the role of the
MBC. When questioned about being an appointed or elected board member he stated
that he would not run for election. On the question of length of terms he felt that five
years was appropriate for the MBC members. He felt there should be a full time staff
person to act on the MBC's behalf for all municipal projects; in any municipal project
there should be a voting representative from the school or municipal side for their
particular project.
Mr. Liddick stated that if he had to run for election to the MBC he would have. A five
year appointment to the MBC is appropriate since five years is typically the life of a
project and the continuity of membership is extremely valuable. He suggested that a
facilities ,department be established for the on-going maintenance of all school and
municipal buildings.
2. Commission met with Consultant Mark Morse: He stated that the discussion with
the MBC had nothing to Gln with the.Charter Commission, that it was not Charter 1,wel
material-, he did not feel that the language creating a committee should be in the
charter. He suggested the Commission had to address the following: the legislative
body, who is elected. the chief executive and chief administrative function, budget
process and planning functions, organization and recall; to focus on the key issues and
try to eliminate the administration. There could be a section on organizing town
government. There is a trend for towns to revise charters to have less words.
Regarding the question of an appointed Town Moderator he felt that would not be
appropriate. Although a charter cannot prevent people from leaving town meeting , it
could set some structure, define the order of warrant articles, set general parameters
and adopt rules of order. General laws state that the town meeting will be held in
April, May or June so that there is appropriation authority to spend money on July 1.
Town elections have to be held within the same period as town meeting, as it is
technically part of the town meeting. He felt that towns are basically limited to Spring
for annual elections, but will check the State laws.
Regarding the role of the Finance Committee it has a few State statute responsibilities
but is basically an advisory board. Although the General Laws state there has to be a
Finance Committee the Charter could say it,can be the Board of Selectmen, this would
give the Board of Selectmen a role in the budget process. The Charter can state that
any department can be operated as an enterprise account. Regarding the appointing
process for boards and committees by the Board of Selectmen the Charter can state
that appointments will be made by a full Board of Selectmen. He suggested adding a
clause to cover indemnification of employees. Since there is no longer a reason to
have an Industrial Development Finance Authority their function could be placed with
another board such as the Industrial Development Commission.
3. Motion: T„ adjourn meeting
(Dwyer-Amoruso, all in favor) VOTED
Meeting adjourned 10:30pm
Respectfully submitted,
Todd Sankey I}
Clerkn I Date: `6l
CHARTER COMMISSION t
� 3? mnL0
MINUTES
-,
JULY 15,1997 t°"-1 X1`75
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Peter
DeTrolio, Doreen Tighe, Sarah Forbes, Tom Dwyer
1. Meeting called to order 7:30pm
2. Motion: To approve the minutes of June 30, 1997
- (Amoruso-Sankey
Dwyer noted that on page 2 item (a) the consensus should state only that
the School Committee shall have voting representation on the Capital
Improvements Committee.
Motion: To approve minutes of June 30, 1997 as amended
(Amoroso -Sankey, all in favor) VOTED
The minutes of July 7, 1997 will be held for the next meeting.
3. Workshop meeting for general discussion.
a. Insure that the Charter defines a means for the Board of Health, Planning
Board and Conservation Commission to have input, into whom is selected for their
agent. Discussion involved: establishing a standard procedure for appointments;
submit a list of 2-3 names to the town manager for his appointment; if the town
manager is trying to establish a team them he should make the appointments of his
department heads; if the boards are more involved in the appointments it is also
important to strengthen the obligation of the town manager; question of whether a
personnel board would improve the appointing process; appointments to boards
should be made by a full five member board of selectmen; give the Town Manager
the appointment and give the board in question veto power;', appointment of DPW
director, Police and Fire chiefs should be joint appointments; separate the policy
issues and the administrative issues; give the Board of Selectmen 15 days to veto
or approve the town manager's appointment.
Consensus of the Commission: "The powers of appointment of the town manager
shall follow a consistent process for full time employees who are presently covered
by the charter, which involve the boards and committees that those persons are
appointed to."
b. Discussion of mandating more elected boards: Comments: when asked for a
show of hands one member felt there should be more elected boards; most
members felt that a separate board of electric commissioners should be appointed;
one of the most important powers that the board of selectmen have is the power of
appointments; Tighe stated she would like to bring a couple of people in to get
different points of view on appointments; Amoruso stated he would like to see an
appointed Board of Assessors.
C. Changing process of Town Meeting: Comments: Town Meeting is highly
susceptible to, special interest groups; problems getting a quorum and keeping
interest; abolish town meeting and have a separate town council of 7-9 members,
giving them legislative; power; town meeting is attended by very few people versus
the number of registered voters; put town meeting articles in a basket for random
selection; put the financial articles at the end of town meeting; make the moderator
an appointed position,would this bring out individuals who may not want to run
for election; request the consultant do some research on what the cha. ier can do
for town meeting, can procedural issues be addressed in the charter.
4. Correspondence:
Letter dated July 9 to Mark Morse from the Commission requesting a flow chart
Letter dated July 15 from Matt Miller, Chairman of the Animal Welfare Committee
requesting to be on the agenda for September 8
5. Amoruso would like to, be able to review charters from other towns. Suggested
that copies be left at the Library for the member's review.
6. Chairman Dunn noted that Mark Morse would be here for the July 21 meeting.
Some topics of discussion will be town meeting procedural changes and `
indemnification of town employees.
7. Public Comments:
Bill Moore, 54 Union Street: The schedule for Town Meeting should be sacrosanct,
no other meetings should be held on town meeting nights. Stated that his interest in
town government has increased because of open town meeting.' Other areas of the
country do not have open town meeting and people feel disenfranchised. He is
interested in being appointed to a board but would not run for election. Noted that the
conflict of interest requirements need to be strengthened regarding elected and
appointed officials.
8. Motion: To adjourn
(Sankey -Forbes, all in favor) VOTED Meeting adjourned 9:25pm
Respectfully submitted,
Todd Sankey, Clerk Date:
t
CHARTER COMMISSION
MINUTES
1 rE
c
Al!c, 19 Pei 1; : la0
�IL0
JULY 7, 1997
� .Q '!I1ZrTT
5
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Sarah
Forbes, Tom Dwyer, Peter DeTrolio, Sandra Levine, Doreen Tighe
Meeting called to order 7:30pm
1. Joint meeting fc- general discussion with: Health Agent Scott Leite, Boar,l-of Health
members Jim Leonard and Joe Kowalzik; Conservation Agent Dick Lewis; Planning
Director Shaun Burke, Planning board members John Sullivan, Bernie Dolan, Ken
Torman, Tom McShane, John Sullivan, Town Engineer Lee Azinheira; Inspector of
Building Bert Cook:
Shaun Burke: Gave an explanation of the Planning Board's function under the Subdivision
Control Laws, special; permitting process, site plan recommendations and Master Plan.
The Planning Director is hired by the Town Manager for an indefinite term. He felt that
the Director's job description should be clearly stated as to who he works for and that he
should work at the direction of the Planning Board. He did not feel that department heads
should be appointed on an annual basis. `
Tom McShane: Feels that the Planning Board should be appointed, that running for an
election would be intimidating and he would always be thinking about the next election.
Regarding the creation of super departments he is concerned about the town moving to a
city form of government. He is opposed to concentrating more power in a town manager
and a super agency, opposed to term limits. He would like to see a greater role for the
master plan in the Charter.
Ken Torman: Felt that a three year term on the Planning Board would not be sufficient
learning time. His position on running for election to any board is that it is a popularity
contest .
Scott Leite: Stated he sees no advantage to an elected or appointed board. The Board of
Health is purposely separated from the Board of Selectmen which allows them to do their
work without political consideration. The Board of Health is its own judicial body. The
agent takes his direction from the Board of Health. Felt that if department heads were
appointed annually the positions would be very political. He stated that the permitting
process within a super agency would be more easily delayed than it is currently. On the
question of splitting the building inspector and zoning enforcement officer position he felt
it is better to have the same person reviewing plans. He does not feel that the Charter as
written inhibits his or the Board of Health function in any way. Regarding the Municipal
Building Committee he feels their authority needs to be clarified.
Tom French: Stated the appointment process works well, however he does not see as
many people applying for appointed positions. He appreciates the Planning Board being a
non-political group.
Bernie Dolan: Also noted not as many people are applying for positions on boards.
Stated the Town Manager hires the Planning Director with the approval of the Board of
Selectmen and does not feel the Planning Board needs to get involved in the process. He
feel it is a problem for the Planning Board when the Town Manager directs the Planning
Director to do projects for him, this takes away from planning time.
Richard Lew's,l• Primary responsibility is to the Conservation Commission -and as time
allows he does work for the Town Manager and the Planning Director and has been
appointed by the Town Manager as an advisor to the Zoning Board of Appeals. He does
not feel the Charter should be specific in stating that one department head could not serve
in another capacity as time allows. He is concerned with department head access to
Town Counsel, that access is denied using budget as an excuse.
Joe Kowalzik: Stated if he had to run for the Board of Health he would not have done it;
that you get,a good quality person with appointments; a three year term for the Board of
Health is sufficient. The Board of Health runs workshops within a few months of any new
membership. The Health Agents reports to the Board of Health and is evaluated by the
Board of Health. His concerns are the master plan and it's place in the Charter and the
fact that the town manager does not coordinate town meeting presentations that any
board makes and attempt to resolve conflicts. Suggested that water and wastewater
should be addressed by a separate board.
Bert Cook: The Building Inspector's appointment is by the Town Manager for an
indefinite term, however he can be removed for cause and if he does not maintain state
certification he can be removed. as authority is derived from State law rather than
Charter. He strongly suggested keeping the Town Engineers position by itself and not
place additional duties on him such as water and wastewater. State codes and the zoning
by-laws set time limits for him to issue permits. Did not feel that removing zoning from
the building inspector would be, a good idea, it would just create another level of
personnel. Regarding the creation water and wastewater board he would like to see
revolving accounts for those functions.
Lee Azinheira: Stated that he is hired to do professional surveys and that if he were hired
under a term appointment he would try to please everyone instead of performing in the
best interest of the Town. Currently he represents the Town's interest before the Board of
Selectmen, if a separate board for water and wastewater were established he would be
answering to two boards. He works with DPW on a daily basis, handling contracts and
engineering administration, time is split equally between general, water and sewer.
Charter should state the town engineer should be a Registered Professional Engineer.
Strongly urged the language and responsibility for the engineer be updated. Though he
has had limited exposure to the Municipal Building Committee he felt there may be more
projects done if there was a full time staff person.
2. Correspondence
Letter from Town Clerk advising she will not be able to attend the July meeting
Letter from Town Manager to MMA Consulting enclosing signed copy of contract
for consulting services
3. Motion: The Industrial Development Financing Authority be taken out of the
Charter
(Levine -Tighe in favor;Dwyer, Forbes, Amoruso, DeTrolio, Sankey, Dunn
opposed) FAILED
Discussion involved asking the consultant if he knows of any reason the IDFA
should be kept in the Charter, or put it in with the Industrial Development Commission
function.
4. Motion: To approve the payroll in the amount of $385.70
(Amoroso -Tighe, all in favor) VOTED
5. Minutes of June 30 will be held for the next meeting.
6. Motion: To move the Town Clerk and Registrars to the August 18 meeting.
(Levine-Amoruso, all in favor) VOTED
7. Dwyer noted there is not mention of indemnification for town employees in the Charter
and this should be explored further.
8. Dunn noted that Consultant Mark Morse has a conflicting schedule on July 15, but
will advise definitely if he can make the meeting.
9. Motion: Adjourn
(Dwyer-Amoruso, all in favor) VOTED
Respectfully submitted,
Todd Sankey7 ( '
Clerk 1 Date �� q7
CHARTER COMMISSION
Yk..ft `i 1J
t ME
91 IL 7 P"1 08
JUNE 30, 1997
MINUTES 1t.cTTS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Sandra Levine,
Tom Dwyer, Ralph Penney, Peter DeTrolio, Doreen Tighe, Sarah Forbes
Meeting called to order 7:30pm
1. Joint meeting for general discussion with Board of Selectmen Chairman William Madan,
Dianne Royle, Chico Colella and Amos Robinson; School Committee Chairman Emil Giordano,
Town Moderator Robert Saquet. The Housing Authority was invited but did not attend.
William Madan: Felt it would be possible to have a separate commission for water and
sewer but it would need to be set up with an enterprise account, should be appointed by
the Board of Selectmen. Felt that town elections should be on the same day as national
election, this would give new Selectmen time to prepare for Town Meeting. Also felt that
a five member board is very manageable. Mentioned that the process for appointing people
to vacancies on boards should be changed. Regarding the possibility of a centralized
building maintenance department he did feel there is a need for a full time coordinator but
only for the duration of the existing projects. Other items mentioned were centralized
purchasing, a central personnel office that services all Town employees. He did not feel it
was necessary for the Board of Selectmen to have final budget approval, although they
should be involved in the process. He would like to see the Electric Light Commissioners
continue to be the Board of Selectmen and felt that Town Meeting as it exists is still
appropriate.
Emil Giordano: Also suggested changing Town election time to the fall, also need to
change the budget process so that it does not have to be presented so early. He supported
the idea of a central personnel office for the handling of payroll, insurance and the like,
only. He noted the School Committee is part of the school department budget process.
Stated that the School Committee should have two voting members of the Capital
Improvement Committee.
Chico Colella: Stated that the recall procedure should be very tough, that recall should
only be allowed in the case of felony or criminal charges. He would like to see a stronger
Board of Selectmen and weaker Town Manager, that Police and Fire Chiefs should be
taken out of Civil Service, that the Board should make the appointment of the Chiefs and
that the Board of Selectmen should be Police and Fire Commissioners. The Light
Department should stay under the Board of Selectmen.
Dianne Royle: Felt that the Board of Selectmen should make broad statements about
policy for the Town, then the Town Manager should carry out the policies through his
department heads. She is supportive of a separate board of water commissioners as well as
a separate elected board of light commissioners. Regarding the suggestion of limiting
terms on Boards she felt this would help the Board of Selectmen when making
appointments, with a possible three term maximum. Strongly supports a financial director.
She suggested keeping the Charter a little flexible and as the years go by it can be fine-
tuned as needed. She does not believe the Board of Selectmen should hire the Town
Accountant. Believes the budget is the Town Manager's and does not see the Board
playing a major role. She would not be in favor of the Board approving Town Manager
appointments.
Amos Robinson: Would prefer to see the Charter more specific. Would like to see a
separate elected board of light commissioners, as well as separate board of water and
sewer commissioners. If revisions are made to give the Board of Selectmen more authority
then the Town Manager position should be an Executive Secretary.
Robert Saquet: T a that a one year term for the Town Moderator works i,ne: He stated
he does not see a problem with getting a quorum at Town Meeting presently, the form is
working, and the percentage of voters attending is good with a representation of all the
voters in town. He stated that when the Charter was written 25 years ago it clearly stated
the Board of Selectmen would deal with overall policy. Regarding the Electric Light
Commissioners he stated it is important that the members have an engineering or financial
background.
2. Correspondence
Letter dated June 16 from John Robbins regarding his proposed amendments to the Fire
Chief's section
Minutes of June 16
Motion: To approve
Amoruso-Dwyer, Levine, Tighe, DeTrolio in favor; Dunn, Forbes abstain;
Penney was not in the room (VOTED)
3. Levine requested that the Commission put together a fist of items which the Commission is
strongly considering for change.
There is a consensus of the Commission on the following items:
a. Two members of the Seh^ol Committee shall be on the Capital Improvements
Committee.
b. The Commission should look at moving the budget process
C. Look carefully at moving the election
d. Police Chief and Fire Chief appointments should be removed from Civil Service.
Motion: To develop language that would: 1. Indicate that the Selectmen somehow should be
involved with the adoption of the budget. 2. There should be some voting representation by the
School Committee on the Capital Improvement Committee
a-
Dwyer -no second (NO ACTION)
4. Dunn reported that he gave a copy of the consultant's contract to the Acting Town Manager
and that when it was signed the original would be mailed to MMA Consulting Group with a copy
to the Town Clerk and the Commission.
Motion: To send the consultant copies of minutes of the Commission's meetings as requested.
Dwyer -Sankey, Dunn, Amoruso, Forbes, DeTrolio, Penney in favor; Levine, Tighe
opposed (VOTED)
Since the Commission has no guests scheduled for July 15 it was suggested that Mark Morse be
invited to meet with the Commission
Motion: That we invite Mark Morse to come in for one hour on July 15
Penney -Dwyer, Dunn, , Forbl-71 DeTrolio, Sankey in favor; Levine, Tighe, Amoruso
opposed (VOTED)
5. Tighe suggested the possibility of inviting people from other communities to present their
experiences on how their charter works for their town. She will put together a list of towns
and items for discussion.
b. It was suggested that a press release be prepared for the July and August meetings to be
sent to the Sun Chronicle, The Buzz, Mansfield News and The Brockton Enterprise.
7. Motion: To adjourn
Dwyer -Sankey, all in favor (VOTED)
Meeting adjourned 10:35pm
Respectfully submitted,
Todd Sankey
Clerk Date:
CHARTER COMMISSION
MINUTES
CE1q V r
97 JUN 17 PH 3: 33
E -=1O
JUNE 2, 1997 r .il_IJL ( S
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Sarah
Forbes, Peter DeTrolio, Ralph Penney, Sandra Levine
• Meeting opened at 7:12pm
• Correspondence
• Letter dated April 14 (should read May 14), 1997 from Chairman Dunn to Finance
Committee regarding budget justification
• Letter dated May 12, 1997 from Jane Carrigan to the Commission regarding Charter
changes for the Planning Board
• Letter dated May 13, 1997 from Karl Clemmey to the Commission regarding further ideas
for Charter changes
• Letter dated May 19, 1997 from the Council on Aging regarding the Council's position
for Charter changes
• Letter dated May 28, 1997 from Chief Edward Sliney regarding revision to Section 7-4
Chief of the Fire Department
2. Minutes of May 5, 1997
Under the comments made by Mr. Penney change statement to read "CIP should also present
a report '.
Consensus of the Commission to hold the vote on the minutes until all member are present.
3. Commission met with Fire Chief Edward Sliney to discuss his concerns with the present
Charter, Has statements included returning to the wording "full and absolute authority";
terminology that would make the Fire Department the sole provider of emergency medical
services for the Town; keeping the Fire Chief s position appointed by the Town Manager
under Civil Service. j
4. Commission met with Police Chief Arthur O'Neill also to discuss his position with the
present Charter. His comments included his satisfaction with the way the Charter is presently
worded; his wish to keep the Police Chiefs position appointed by the Town Manager under
Civil Service; a recommendation that the soon to be formed dispatch unit be placed directly
under his authority.
a
5. Commission met with DPW Director Daniel Clifford who stated he does not have problems
with any part of the Charter the way it is presently written. He did outline several other jobs
that have been given to the DPW Director that are not presently in the Charter and suggested
the future separation of the water and waste water operations to be overseen by a separate
Board or Commission, elected or appointed by the Board of Selectmen. Karl Clemmey
questioned by Mr. Clifford is one the Department Heads who is not a member of a Union and
suggested that the DPW Director should have a three year contract.
6. Commission discussion centered around the issue of retaining Civil Service for the Police
and Fire Chief. General consensus of the Commission is to drop the requirement "under civil
service laws". There is also a consensus that the Town Manager hire those positions, but not
a consensus about how to involve the Board of Selectmen.
A general discussion of the Department of Public Works concerned the separation of the water
and waste water departments under a separate Board or Commission and making provision for
them to be included in the Capital Improvement Program.
7. Old Business
Chairman Dunn reported that he and Mr. Amoruso met with Attorney Mark Morse to
negotiate a fee for his consulting services: Attending Commission meetings $500, telephone
conferences, review documents, draft of one document, preparation of written comments at
$75.00 per hour. He would want to know in advance what would be discussed at a meeting
he will be attending in order to be prepared. Mr. Penney stated he would rather have Mr.
Morse on time and expenses, $75 per hour and $.31 per mile. Dunn and Amoruso will go back
to Mr. Morse with this proposal.
8. During the discussion of future meetings it was noted that several Boards were left off the
list including Library Trustees, Council on Aging, Historical Commission.
The next scheduled meeting will be June 16. The Finance Committee, Treasurer, Accountant,
Board of Assessors, and School Department Business Manager will be invited.
9. Motion: To adjourn
(Sankey -Forbes, all in favor) VOTED
Meeting adjourned 10:35pm
Respectfully submitted,
Todd Sankey
Clerk - Date: K'A 1JJ-4-
EE
owl
CHARTER COMMISSION
97 JUL - I F`rii 3: 58
MINUTES(�
n' c —iLL D
JUNE 16, 1997 MASSA' H; SETTS
Present: Acting Chairman Lou Amoruso, Clerk Todd Sankey, Peter DeTrolio,
Sandra Levine, Doreen Tighe, Tom Dwyer
Meeting opened at 7:20pm
1. Joint meeting for open discussion with: Finance Committee Chairman Walter
Wilk, Town Treasurer Richard Boucher, Town Accountant Bea Kearney, School
Department Business Manager Robert Gurek, Board of Assessors Paul Folkman,
All Turinese, John McNair and Assessors Office Manager Shirley MacPhee.
Following are some of the points made by:
Robert Gurek: The School Committee should be represented on the Capital
Improvements Committee, The date for submitting a budget to the Town Manager
is much too early in the fiscal year to be able to determine' actual expenses, as well
as the fact that school staff is just beginning their year. The Town Meeting should
be pushed back. Agreed with the concept of a town wide purchasing agent.
Walter Wilk: Suggested that the date of Town Meeting be moved back and that the
budget process not begin until February. He felt the Finance Committee should
remain an appointed Board, that appointments should not be less than three years.
Noted that the Finance Committee has also requested the Town consolidate
purchases.
Richard Boucher: Also agreed that the beginning of December is a difficult time to
start a budget and that Town Meeting should be pushed back. Sees a value in
having a chief financial officer for the town, reporting to the Town Manager. Also a
personnel director is needed.
Paul Folkman: Felt the Board of Assessors should remain appointed by the Board
of Selectmen, that continuity on the Board is important, and that an assessor
cannot run a popularity contest. The assessors have a certification process
required by the Department of Revenue. The Board is comfortable with the Charter
as is.
Bea Kearney: Town Accountant is appointed by the Board of Selectmen and that
should remain because it provides a system of checks and balances.
2. Correspondence
Memo dated June 4, 1997 from Acting Town Manager regarding minutes creation,
retention and distribution
Letter dated June 12, 1997 from MMA Consulting Group, Inc. regarding agreement
i to retain services of MMA as the Commission's consultant
Letter dated June 2, 1997 from John Robins regarding Article 7, Section 4 Fire
Chief
Payroll
Motion: To approve the payroll for secretarial services in the amount of $172.55
Levine-DeTrolio, all in favor (VOTED)
Minutes of May 5
Motion: To approve
Sankey-DeTrolio, all in favor (VOTED)
Minute of June 2
Motion: To approve
Sankey-DeTrolio, Amoruso in favor; Levine, Tighe Dwyer; abstain
(VOTED)
3. Discussion of the letter from MMA Consulting Group, Inc. defining scope of
services, fees, etc. MMA requests that two copies of the agreement for their
services be signed and one returned to them.
Motion: To approve the agreement
Dwyer-DeTrolio, Sankey, Amoruso in favor;
Tighe and Levine opposed (VOTED)
4. Commission comments regarding Police Chief, Fire Chief and DPW
Discussion involved police and fire chiefs being under civil service and removing
the wording "under the provisions of Civil Service" from the Charter. Another
suggested wording was "Town manager shall appoint in his judgment either with
civil service or without civil service". It was noted that the consultant suggested
"civil service" be eliminated completely.
There was also discussion regarding the fire department being the sole provider of
emergency medical services. It was noted that this would limit the Town's options
as new technology develops, and would become a cost to the Town.
Regarding the Department of Public Works there was discussion of having an
individual oversee all utilities for electric, water and sewer.
5. Motion: To adjourn
Dwyer -Tighe, all in favor (VOTED) 10:36pm
Respectfully submitted
Todd Sankey, Clerk Date -2
l
�?G IIV' r0
CHARTER COMMISSION
g7 julN 17 P i 3: 33
MAY 5, 1997 S
MINUTES F ,`,e P, 1 'vTTS
Present: Chairman John Dunn, Vice -Chairman Lou Amoruso, Clerk Todd
Sankey, Commissioners Tom Dwyer, Ralph Penney, Doreen Tighe, Sandra
Levine
1. Meeting called to order 7:30pm
2. Correspondence
• Letter from Chairman, Board of Trustees, Mansfield Public Library
regarding Charter changes
• Letter from Board of Assessors regarding Charter changes
• Bill for secretarial services
Motion: To approve the payroll for secretarial services in the amount of
$213.15 for the month of April
(Penney -Sankey, all in favor) VOTED
3. Commission met with Marilyn Contreas of the Commonwealth of
Massachusetts Department of Housing and Community Development. Ms.
Contreas presented an outline of Massachusetts General Laws, Chapter
43B, Charter Commission Procedures, suggested procedures to conduct the
review process, types of decisions to be made, methods of presenting
revisions. She stated she would be available to meet with the Commission in
the future.
4. Commission met with Mark E. Morse, President MMA Consulting Group,
Inc., and Attorney; Michael P. Curran, candidates for Consultant to the
Commission. Mr. Morse noted that he is acting as consultant to the Town of
Mansfield in the Town Manager search. Both presentations included a
qualification statement, examples of towns they have consulted with in the
past and expressed their willingness to work with the Commission.
Mr.Morse stated his fee would be in the range of $6,700-$6,800 for six
meetings, or $1,000 to $1,100 per meeting, if the Commission chose more or
less meetings.
Mr. Curran stated he would want to be included at every Commission meeting
and that his fee would be $12,000415,000 depending on the actual extent of
his involvement.
5. Public Comment
Karl Clemmey stated that he hoped the Commission would hire a consultant
and negotiate a fee.
6. New Business
Discussion of individual Commissioners concerns regarding Charter
revisions;
L. Amoruso: Working on relationship between the Town Manager and Board
of Selectmen, make it as clear as we can make it. Look at the Board of
Assessors and Municipal Building Committee being better defined. Look at
Town Meeting schedule and election schedule, relationship of one to the
other could be improved. Experience of elected officials at Town Meeting.
,
T. Dwyer: Discuss whether Town Meeting is appropriate or not, has if that is
the right; legislative body. ;How the Town Meeting is conducted, number to
get a quorum, special interest groups. Transforming the Board of Selectmen
into truly a legislative body. The Board of Selectmen should be powerful,
they should have roles. Clarify issues between the Town Manager and Board
of Selectmen. Who appoints whom. Feel Board should appoint volunteers
and Manager appoint professional staff. Removal of Town Manager from
r office, how would that be controlled. Look at the organizational structure,
consolidated departments,i.e. Department of community development,
finance department. We can give to the Town Manager the ability to
reorganize. Think there is a problem with the way the Board of Assessors is
4
done. If we look at Town Meeting and Town Council then also look at
Finance Committee and where they belong.' Address the budget process.
Civil Service for Police and Fire. Budget time table. Capital Improvements
Committee.
R. Penney: Elections, Board of Selectmen get elected and a month later go
to Town Meeting. Town Manager role and Board of Selectmen role need to
be better defined. Recall, process.' Think it is an important part of
government, think it should be done for cause. Police and Fire Chiefs should
be taken from Civil Service, also compensation for details puts them in a
position where they might have a conflict of interest. Charter Commission
members should be allowed to serve on other Boards or Committees. Light
Commissioners should be three elected members, reporting back to the
Board of Selectmen somehow. Reluctant to have elected sewer and water
commissioners. Board of Selectmen should be allowed to appoint their own
secretary, as it is all her allegiance is to the Town Manager. Capital
Improvements Plan - in 1993 the legislature allowed us to set up a fund so
that any money received under a grant program doesn't have to go back into
r the general fund. This is vague in the way it is presently written in the
Charter. School Committee should be represented on the CIP. CIP should
also present a working budget.
D. Tighe: Feel that the turn out for the first public hearing did not reflect the
opinions of the general public. Sense a same old business as usual attitude.
Ran to investigate alternatives to the current form of government.
Representative Town Meeting, possibly electing more Boards. Define duties
and responsibilities of Town Manager and Board of Selectmen. Annual
budget. What constitutes policy making. Board is involved in public safety.
Why does Town Manager appoint IDC and Historical Commission. Does
paragraph nine conflict. Recall should be more defined. Should be able to
remove provided a percentage of each precinct. Town Meeting and Town
election should be changed to benefit the public.
T. Sankey: Budget area needs to be gutted and rebuilt. Finance Committee
to CIP to Town Accountant and Treasurer. Create alChief Financial' Officer.
would have an accountant to be appointed by a CFO. Town Treasurer
should be an elected position, salary paid by late payments to the Town.
The way the vacancies are filled on both the Board of Selectmen and School
Committee. Each Board should have the sole vote of who replaces that
position. Look at public works as well as the electric department. Some
Boards that can be eliminated. Cable Access Committee needs to be
defined. Definitely need to define roles of Town Manager and Board of
Selectmen, strengthen role of Town Manager. Board of Selectmen should be
a final decision Board. Don't think the Board of Selectmen need to get
involved as much as they do.
J. Dunn: Somewhat comfortable with the Charter. Light Commissioners
should be separated from the Board of Selectmen. If they are elected then
should not have to report to the Board of Selectmen. Think of election and
Town Meeting, don't think it is that bad but open to ideas. Believe in a strong
Town Manager from of government. Proposal to have a CFO come in and be
on the same level as the Town Manager, I would be against that. Take a
look at the term limits of both the elected and appointed officials as far as the
particular time they serve on a Board. Look at the residency requirement, is
there much reason for the Town Manager to live here. Look at the
appointment of the Health Agent, whereas the Planning Director is appointed
by the Town Manager. Look at the appointment of full time employees.
S. Levine: Date of election, Town Meeting and Budget. Open Town Meeting.
Elected Light Commissioners separate Board. Residency requirement.
Board of Selectmen and Town Manager duties and responsibilities. Not sure
all the things 1 hear are Charter items, some may be operational procedures.
Would like to be able to see the School Committee present a budget that
follows the same format as the Town. Think we possibly will go through this
Charter line by line.
7. Minutes of April 28,1997
Motion: To approve as amended to reflect in item number six that
T. Dwyer did speak to Charles Mulcahy.
(Levine-Amoruso, all in favor) VOTED
8. Motion: That the comments from the public at the public hearing be
charted so that they canbecatalogued.
(Levine - no second) FAILED
9. The Commission wilt request copies of Charters from. Chatham,
Chelmsford, Norwood, Framingham and Brookline from the Department of
Housing and Community Development.
10. Discussion of hiring a,consultant to assist the Commission. It was the
consensus of the Commission that they should hire a consultant and that
either Mr. Curran or Mr. Morse will be that consultant.
Motion: That we authorize the Chair and Vice -Chair to negotiate further with
Mark Morse in order to retain him as a consultant on an as needed
basis, and get back to the Commission for final approval.
(Penney. -Tighe, Sankey, Dwyer, Amoruso, Dunn in favor; Levine
opposed) VOTED
11. Discussion on the agenda of the next meeting, whether to follow the
format presented by S. Levine at a previous meeting and bring in Boards and
Committees, how the deliberations should proceed after those meetings.
General agreement was to meet with a Board one week and have
deliberations of that meeting the next week.
12. Motion: To adjourn
(Penney-Amoruso, alliin favor) VOTED 11:10pm
Respectfully submitted,
Todd Sankey
Clerk Date t�Dllu�gl
' r ED
T!
e"r
CHARTER COMMISSION S7 + 17 P11 3: 33
MINUTES FI
APRIL 28, 1997
Present: Chairman John Dunn, Vice -Chairman Louis Amoruso, Clerk Todd
Sankey, Doreen Tighe, Sandra Levine, Tom Dwyer, 'Ralph Penney, Sarah
Forbes
Meeting called to order 7:30pm
1. Public hearing opened at 7:30pm with reading of notice by Clerk Sankey. ,
Public discussion was conducted on all articles of the Charter. The hearing
was closed at 9:35pm.
2. Correspondence:
• Letter from James T. Grady, 20 Old Maple Street,` Mansfield regarding
Charter changes
• Letter from Dianne Royle, 42 Riverside Drive, Mansfield regarding Charter
changes
• Letter from ActingTown Manager, regarding Special Town Meeting
( • Letter from Acting Town Manager regarding request for legal services
• Letter from Acting Town Manager regarding Special Town meeting
• Letter from Inspector of Buildings regarding Charter update
• Letter from Chairman, Animal Welfare Committee regarding inclusion of
Animal Welfare Committee in Charter
• Letter from Town Clerk regarding Charter revision
• Letter from Council on Aging regarding inclusion of Council on Aging in
Charter
• Letter from Board of Health regarding Charter revision
• Letter from Municipal Building Committee; regarding Charter revision
• Letter from Fire Chief regarding Charter revision
• Letter from Police Chief regarding Charter revision
o Letter from Charter Commission to Michael P. Curran setting date of
meeting
3. Minutes of April 7, 1997
Motion: To amend paragraph 5 of the April 7 minutes to reflect that all
members were in favor of the hearing format as presented by D.
Tighe.
(Dwyer -Penney, all in favor) VOTED
Consensus of the Commission is that the minutes should be as detailed as
possible on issues that impact the Charter.
4. Chairman Dunn expressed concern over the fact that the $30,000 voted to
I the Commission by the Board of Selectmen does not actually appear in the
budget. He will have further discussion with the Town Manager.
5. An adjusted time -line was presented by L. Amoruso to reflect some
flexibility in presenting a preliminary report, holding second public hearing
and distribution of final report to citizens.
® 6. Consultant - T. Dwyer reported that he arranged to have Marilyn Contreas,
Mark Morse and Michael Curran at the May 5 meeting. He has not had an
opportunity to contact Charles Mulcahy or James Milliken, but will do so if the
Commission wishes.
7. Printing - S. Forbes stated she had received several bids for printing but
would prefer not to make the figures public as yet.
8. S. Levine presented a suggested sequential list of topics for future
meetings, set up by Charter article. Discussion amoung the members
included each member researching a particular section of the Charter and
presenting that research to the members; having all Boards, Committees and
Department Heads meet with the Commission; looking at the interaction
between certain Boards and departments; after meeting with the Consultants
( discuss as a group what does or does not have to be given attention.
9.. Consensus of the Board is that future meetings will be held on the first
and third Monday of every month whenever possible, with adjustments made
where necessary.
10. Motion: To adjourn meeting
(Dwyer-Amoruso, all in favor) VOTED 10:50pm
Respectfully submitted,
Todd Sankey
Clerk Date:
CHARTER COMMISSION
MINUTES
APRIL 7, 1997
RECEIVED
OWN Ci nFICE
97 Hi -7 PrI 3 00
MASSACHUSETTS
Present: John Dunn, Chairman, Louis Amoroso, Vice -Chairman; Todd Sankey, Clerk;
Thomas Dwyer, Sarah Forbes, Ralph Penney, Peter DeTrolio, Doreen Tighe, Sandra
Levine
Meeting called to order 7:30pm.
1. Review of sample of public hearing notice to be advertised in the Mansfield News a
minimum of 10 days before the April 28 public Hearing.
2. Motion: To approve the minutes of March 25, 1997
(Penney-Amoruso, all in favor) VOTED
3. Town Counsel met with the Commission to discuss areas in the present Charter that
have been issues in the past.
•
Article 2 Town Meeting -- there is no formal budget procedure defined, i.e. the
role of the Finance Committee and the Board of Selectmen
•
Article 3 Elected Officials — consider a statement defining if a person can serve
on more than one Board, Committee, etc., i.e. a School Committee member on
the Municipal Building Committee.
•
Section 3-2 Board of Selectmen `should there be a separate Board of Light
Commissioners? Define Selectmen's role regarding long range planning.
•
Article 4 Town Manager, Section 4-2 Powers and Duties regarding control
over Town property. Statues generally give control to Board of Selectmen.
Define more clearly.
•
Section 4-3 Acting Town Manager — appointment during a prolonged absence
of the Town Manger
•
Section 5-15 Municipal Building Committee — responsibilities stated are
inconsistent with what the practice has been Who is the MBC responsible to?
•
Section 7-14 Inspector of Buildings - There is no statement of zoning
enforcement responsibilities
•
Section 9-6 Recall Procedure — define the grounds for recall
•
Section 9-7 Removal from Office — give the appointing authority the ability to
appoint a hearing officer
Open discussion by the Commission with Town Counsel.
-2-
4. Budget -- J. Dunn met with Board of Selectmen and Finance Committee and
requested a $40,000 budget. They approved a $30,000 budget. J. Dunn spoke with
the Department of Housing and was informed there is a $5,000 budget that comes to
the Commission automatically from the Town. The $30,000 does include the $5,000.
Commission will have to defend the budget on Town Meeting floor.
5. Hearing format -- D. Tighe presented outline of the points that may be addressed at
the public hearing. Discussion involved setting a separate public hearing for each
issue, at the initial hearing to listen to everything.
Motion: To adopt the outline as presented as a basic format for the public hearing
(Levine-Amoruso, Dunn, Forbes, Sankey, DeTrolio in favor; Penney,
Dwyer, Tighe, Amoroso opposed) VOTED
6. Consultant — T. Dwyer spoke to Marilyn Contreas, Housing and Community
Development, Attorney Charles Mulcahy, Attorney Mark Morse, Consultant and
Attorney Michael Curran, Consultant. Fees for a consultant would depend on the
scope of work and be in the area of $6,000 to $15-$20,000 for a total package, based
on a fixed number of hours Ms. Contreas would be available to meet with the
Commission, her assistance would be very general. Attorney Mulcahy is willing to
help with the drafting after being advised with the Commission wants, but is not
available on a regular basis. P. DeTrolio spoke with Jim Milliken, a professor at
Stonehill College, who would assist the Commission for free. Consensus to the
Commission was to have T. Dwyer contract Ms. Contreas, Mr.. Curran and Mr. Morse
to request they meet with the Commission on May 5.
7. Printing - S. Forbes volunteered to act as printing interface coordinator.
Discussion of method of distribution of preliminary and final report.
8. Time-Line -- Consensus of the Commission is that the project should not extend
beyond one year. L. Amoruso presented a time line setting forth dates that need to be
met in order to present a Charter at the next annual election in March. Consensus is to
accept this time line.
9. Secretarial Services — Motion: To hire Joan Crotty
(Tighe-DeTrolio, all in favor) VOTED
10. L. Amoruso reported that Cable has been asked to broadcast the April 28 public
hearing.
-3-
11. Public Comments --
Richard Devine commented on the Commission's willingness to yield to the
public's wishes even if that was not the way they personally felt.
Karl Clemmey asked when the minutes of the meeting would be available.
12. Motion: To adjourn
(Penney -Sankey, all in favor) VOTED 9:30pm
Respectfully submitted,
Todd Sankey
Clerk Date: +jq-+
RE V
Charter Commission Meeting
?....CEl ' �i F10E
March 24,1997 1 API —S Ari 10: 07
Meeting called to order at 7:35PM, by Judy Scott, Town Clerk, Town of Mansfield MANSFIELD
`S�. _ �= j D
t _
{�{9,�11SSA.CHs�SETTS
In attendance: Lou Amaruso, Peter DeTrolio, John Dunn, Tom Dwyer, Sarah Forties, Sandra Levine,
Ralph Penney, Todd Sankey, Doreen Tighe
Nominations for: Chairman, John Dunn (vote unanimous)
Vice -Chairman, Lou Amaruso (vote unanimous);
Clerk, Todd Sankey (vote unanimous)
New Business
* Future meeting dates made:
Monday 4/07 7:30 PM
Monday 4/28 7:30 PM Public Hearing
Monday 5/05 7:30 PM
Monday 5/19 7:30 PM
Open discussion regarding 4/28 Public Hearing
* Open discussion regarding establishing Commission's Budget
to include secretarial support, legal fees, consultants
Motion by R Penney for budget amount of $30,000 (seconded by T Dwyer)
Amended Motion by D Tighe for budget of $40,000 (seconded by T Dwyer) vote unanimous
* 'Chairman to approach Selectman regarding budget (vote unanimous)
* Discussion, brought up by T Dwyer, to bring in dept. heads for input of current working of Charter
S. Levine requested that info and comments be submitted by writing. R. Penney wrote draft
Motion to send letter by S. Levine (seconded by L. Amaruso)
* Discussion; regarding bringing Town Council to 4/7 meeting to expand on his findings on the current
workings of the current charter. - vote 5 to 2 (opposed D. Tighe and S. iLevine) Opposed due to feelings of
being premature for his assistance.
* Consensus opinion to give Chairman and Vice -Chairman authority to submit agenda.
* Closing discussion - Committee members to review Charter and come up with proposed changes or
concerns, and individual key items or `hot' points.
- Opening meeting to Public Discussion
* Meeting adjourned at 9:23 PM by J. Dunn
ti
CHARTER COMMISSION '+
MINUTES
March 10, 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, kalph Penney, Peter DeTrolio,
`Doreen Tighe, Consultant Mark Morse
Meeting opened at 7:40pm
1. Correspondence:
Notice from the Town Manger's office regarding a seminar on the conflict of interest law
Letter from the Library Trustees regarding; appointing the Library Director. Mr. Dunn stated that
he spoke with the Chairman of the Library Trustees and felt that they had explained the
Commission's position. A91 -
Memo to Department Heads from the Town Manager regarding date of annual town meeting
Payroll for secretarial services for February in the amount of $294.35
Motion: Approve
(Amoruso-Tighe, all in favor) VOTED
Minutes of February 17
Motion: Approve
(Amoruso-Tighe, Dunn, DeTrolio in favor; Penney abstain) VOTED
2. Consultant Mark Morse met with the Commission to review his drafts and comments for
changes to Articles 4 and S.
His comments regarding Article 4 Town Manager included: Discussion of removal of a town
manager, should there be a "removal for cause" statement, should the removal be easy or
difficult by requiring a 4/5th vote of the board of selectmen, should there be a term limit in the
Charter. , ca s y �� Lk ►x U4 'lo
Discussion of appointment powers of the town manager, does he appoint his department heads
with the approval of the board of selectmen, should there be'a waiting period for board of
selectmen input before the appointment is effective.
Town Manager's administrative powers to include but not be limited to: Supervision of all of his
appointments and their departments; chief procurement officer; prepare budget; attend board of
selectmen meetings; attend town meetings; administer provisions of the commonwealth; keep
the board of selectmen informed; maintain financial records; investigate the affairs of any town
department; administer personnel policies; manage the municipal electric department;
responsible for a comprehensive maintenance program; develop an inventory of all town
property; delegate authority; perform other duties as assigned by charter, bylaw, town meeting
or the board of selectmen.
Section 4-6 discusses the filling of both permanent and temporary vacancies in the office of town
manager.
Section 4-8 discusses the removal process of a town manager. Mr. Morse's suggestion was to
make it clear that the board of selectmen have to enter into a contract with the town manager
and then write a removal procedure at the end. If there is a removal procedure in the charter it
should match the procedure in the contract between the town manager and board of selectmen.
Article 5 — Describes the details of the boards and committees appointed by the Board of
Selectmen. Section 5-1 lists the boards and committees appointed by the board of selectmen.
There should also be a section for town manager appointments, either here or in another section.
Discussion of whether or not each board's duties should be specified in detail
Article 6 — Currently only includes the Public Works Department. Could the financial department,
electric department and administrative organization be put in this section.
3. Discussion of the meeting dates for April to be brought up at the March 24 meeting.
4. Mrs. Tighe requested that the members put their ideas of the responsibility of the Charter
Commission in writing, to share with the rest of the members.
5. Mr. Dunn stated that he and Mr. Amoruso are working on a statement regarding what the
Commission has done and the direction it is proceeding for distribution at town meeting.
6. Motion: To adjourn
(Penney-Amoruso, all in favor) VOTED
Respectfully submitted,
Clerk J ` Date
CA, A, ')11))
CHARTER COMMISSION
t MINUTES
FEBRUARY 17, 1998 1 A ' i
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd
Sankey, Sarah Forbes, Tom Dwyer, Peter DeTrolio, Doreen Tighe
Meeting opened 7:35pm
1. Minutes of February 3
Motion: Approve
(Sankey-Amoruso, all in favor) Voted
2. Workshop
Mr. Dunn and Mr. DeTrolio noted they are receiving opposition to changing the
membership numbers on boards and committees. Mr. Dunn did not feel that it
would affect the Town one way or another if a board had five or seven members
and that attempting to change some boards just for the sake of continuity would
be an unnecessary battle. Mr. Dwyer stated agreement with this. Mr. Amoruso
noted that the language for reappointment would have to be changed if the
membership remains at seven. The language is currently written so that three
people will come up for reappointment in one year. I was generally agreed to
leave the board and committee membership the way it exists and the terms will
be for three years.
Discussion also included simultaneous service on different boards. Mr. Dwyer's
draft addresses the situation by stating that an individual could not serve on two
town boards simultaneously except for certain circumstances such as the Capital
Improvements Committee, Municipal Building Committee or any other ad hoc or
temporary committee. Mr. Amoruso suggested that the words " by the board of
selectmen" be eliminated, this would permit other boards and committees to
appoint. There was also discussion about having the individual boards appoint
their designee to the CIP, etc. The members present agreed that anyone who is
elected to a charter commission could not serve on another board.
i
Review of Mr. Dwyer's draft of Section 8.2 Submission of Budget and 8.3 Budget
Message. The language includes the school budget and allows for flexibility.
Section 8.3.2 Budget Format and Section 8.3.3 Action of the Budget are new
because the Commission has agreed that more language is needed to address
the budget process.
Section 8.3.3, third paragraph eliminate "as modified by the FinCom report".
Discussion of fourth paragraph, sentence that addresses the failure of town
meeting to approve a budget. Should "last year's budget' or the "proposed"
budget be in force until town meeting adopts a budget. There was no consensus
eitherway.
Section 8.4.1 Capital Improvement Program and Capital Projects Plan — changed
to have the town manager submit a capital improvement program to the Capital
Improvement Program Committee and removes the board of selectmen from the
process. This also establishes time periods for submission.
Section 8.5 Approval of Warrants — this new section directs the CFO to prepare
the warrant for submission to the town manager for his approval, and removes
the board of selectmen from the process except in the absence of the town
manager.
Section 8.6 — this new section gives the board of selectmen authority to authorize
transfers from the reserve fund with an advisory opinion from the FinCom. There
was a consensus to accept this paragraph._
Discussion of Mn Penney's Special Projects Committee draft proposal. Mr.
Amoruso expressed concern that the draft does not allow the school committee
o do a needs assessment, it does;not allow for a feasibility study. There was
discussion about eliminating the Municipal, Building Committee entirely and
having individual committees appointed as needed.
3. The future meeting schedule will be March 10 and 24, April 7 and 21. Mark
Morse will be at the March 10 meeting.
4. Motion: To Adjourn
(Sankey-Forbes, all in favor) VOTED 9:55pm
Respectfully submitted,
cecht4j Clerk Date
CHARTER COMMISSION
MINUTES
FEBRUARY 3,199S 1`
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Peter
DeTrolio, Ralph Penney, Sarah Forbes, Doreen Tighe, Tom Dwyer, Sandra Levine,
Consultant Mark Morse
Meeting opened at 7:35pm
1. Secretarial Services Payroll in the amount of $294.35
Motion: Approve
(Forbes -Dwyer, all in favor) VOTED
Minutes of January 20
Mr. Dwyer noted that in item 2, paragraph 3 he did not state that he felt alternates
have worked well etc., and his name should be removed from that sentence
Motion: Approve as amended
(Penney -Forbes, all in favor) VOTED
2. Consultant Mark Morse met with the Commission and presented his review and
proposals regarding the text of Articles 1,and 3, language on several sections of Articles 1
and 3 and language relating to; indemnification, human resources, felony language,
selectmen and manager relationship language. Mr. Morse feels that the text of the current
charter needs to reflect more modern concepts. Also, there is a need to address a vacancy
on the board of selectmen and school committee. Other comments were: he felt the
paragraphs should not be individually numbered; when a section is discussing elected
officials there should be no discussion of appointed boards, such as defining the light
department under the board of selectmen section; there should be a paragraph that
addresses the filling of vacancies on boards and committees in the general provisions.
When boards and committees are listed specifically the drawback is that they are now
permanently created and can only be abolished or; consolidated by a Charter change. If
they are listed in the Charter there could be a paragraph stating that any board listed can
be abolished, dissolved, eliminated, etc.
Mr. Morse noted that a town moderator is traditionally appointed for a one year or a three
year term; a moderator can appoint an assistant moderator, but the current wording is
unclear on this point. He stated that traditionally indemnification language is not used in
Massachusetts in charters, there is a "body of law" that says a town may indemnify,
adding this into the charter would make it mandatory. He does not feel it belongs in the
basic framework of the charter, but if the statement is in there at all it should be in the
general provisions. He contended that the Town does not have a strong town manager
form of government because the boards and committees are appointed by the board of
selectmen.
Mr. Morse stated that the sections drafted for the public works advisory commission and
electric commission were legal, but they should not be located in Article 3.
For his next meeting with the Commission he will review Articles 4 and 5.
3. Mr. & Mrs. Brill -Cass, members of the Animal Welfare Committee, met with the
Commission to answer any questions regarding the wording for inclusion of the Animal
Welfare Committee in the Charter. They are working with Mr. DeTrolio and hope to
have a final wording ready for the next meeting. They again noted that the Committee is
presently only advisory and could be dissolved at the discretion of the board of
selectmen. Charter inclusion would give them permanence, a budget to work with,
responsibilities such as holding dog complaint hearings and supervision of the dog
officer.
4. Discussion of the meeting with Mark Morse: Mr. Penney made the point that the
Commission must decide if it wants to rewrite the entire charter or reorganize it, make it
loose and vague or very specific. Mrs. Tighe noted that the decision should include
whether or not the revisions will last for another 25 years, or will the wording be so tight
that it will not apply 10 years from now. Mr. DeTrolio felt the language should be as
tight as possible, that there should be no loopholes. Generally, the members present did
not agree with Mr. Morse's concept of governing more by general bylaw.
5. Mr. Sankey and Mr. Dwyer present their drafts for sections 3.2 Board of Selectmen
responsibility for public funds, 4.2.5 Town Manager as chief procurement officer; 5-6
Board of Assessors; 7-10 Chief Financial Officer and Finance Department.
Section 3-2: Discussion involved removing the words "certified public accounting
firm", but still make note that it is not an internal audit and must be an independent audit.
Section 4.2.5 — Sets up the town manager as the chief procurement officer and gives
him the ability to delegate to the chief financial officer. The chief financial is in charge
of establishing controls, the responsibility still falls under the town manager.
Section 5-6 Board of Assessors - they become a board for appeals of assessments and
abatements and set the tax rate. The daily managerial duties fall under the supervision of
a director of assessing, who is appointed by the chief financial officer.
Section 7-10 — This establishes the Chief Financial Officer and a Finance
Department, eliminating the town accountant and giving the duties of the town treasurer
to the chief financial officer, who is appointed by the Town Manager. There will still be a
town collector position.
Section 5-14 — Mr. Amoruso expressed concern that the wording for the Special
` Project Committee would preclude the school committee from carrying out a needs
assessment.
Meeting adjourned lOpm
Respectfully submitted,
Clerk Date �� as
CHARTER COMMISSION
MINUTES
JANUARY 20 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Peter DeTrolio, Ralph
Penney, Sarah Forbes, Tom Dwyer, Sandra Levine, Doreen Tighe
Meeting opened at 7:40pm
1. Correspondence:
Memo from DPW Office Manager regarding purchasing recycled products
Memo from Town Manager regarding annual town meeting warrant
Chairman Dunn advised that he spoke to the Town Manager regarding the FY99 budget.
The Town Manager felt that the information submitted was sufficient and the
Commission would not have to meet with the Finance Committee.
Mr. Penney wondered if the Commission should make a presentation at Town Meeting
regarding the progress of the proposed Charter changes. The Chairman and Vice
Chairman agreed to prepare a written statement for distribution at Town Meeting.
Bill from Mark Morse for consulting services in the amount of $724.40
Motion: Approve
(Dwyer-Amoruso, all in favor) VOTED
Payroll for secretarial services in the amount of $243.60
Motion: Approve
(Dwyer-Amoruso, all in favor) VOTED
2. Minutes of January 6
Change the Minutes to reflect the fact that Mr. Penney and Ms. Forbes were present.
Mrs. Tighe noted that page 2 paragraph 1 should state that she was opposed to
creating language for removal of officials because of felony convictions.
Mr. Penney noted that item 2 paragraph 2 should state that 4vdgef, Forbes, Sankey
and Penney felt that alternates have worked very well for the Zoning Board of
Appeals, alternates allow for training, facilitate business by insuring a full board and
would be active participants except they would not vote.
Motion: To approve the minutes as revised
(Penney -Tighe, Forbes, DeTrolio, Levine, Dwyer, Amoruso in favor;
Dunn abstained) VOTED
3. Workshop Discussion:
Section 5-13.1- Make-up of the Finance Committee. Mr. Amoruso and Mr. DeTrolio
stated that the Commission had a consensus to go with five members and two alternates
with all boards and committees. Mr. Penney did not feel that alternates were applicable
on the Finance Committee. Mrs. Levine felt there was no point in changing the
membership and wished to leave it at seven members. She questioned what procedure
would bring the two alternates on as full members when there are vacant seats. It was
pointed out there would be no guarantee the alternates would ever become full members.
Ms. Forbes felt that five members were sufficient. After a show of hands six members
were in favor of five member boards and two members were in favor of seven member
boards.
Section 5-13.2 - The discussion of the function of the Finance Committee will be held
until Mr. Dwyer and Mr. Sankey present draft wording. Mr. Dwyer also agreed to draft
language for appointments.
There was general discussion of what the Commission expects to receive from Consultant
Mark Morse. Mr. Dwyer's impression was that Mr. Morse would be reviewing the first
three to four articles that the Commission has revised, fix language that was not clear or
legal, return with comments every other week, and, if he had any questions about the
intent he should contact the Chairman or Vice -Chairman. 'Mr. Amoruso reminded the
members that Mr. Morse agreed to draft language on indemnification and removal from
office based on a felony, for his next meeting with the Commission.
5-14 Municipal Building Committee — Discussion involved reducing the term from five
to three years and eliminating the Municipal Building Committee. It was noted that in
years past each time there was a municipal building project a separate committee would
be appointed. Mr. Penney felt the committee is needed but they also need support from
the town, their function should be no more than to study and plan a project. The rest of
the functions should be through the town manager. He presented his draft for proposed
language that would allow the board of selectmen and/or the school committee to set up
ad hoc "special project committees" for building projects. After discussion it was felt
that only the board of selectmen should set up such a committee. The school committee
can present a needs assessment to the selectmen. Mr. Amoruso expressed concern that if
there were more than one project going on it may be more cost effective to do them as a
package, instead of having a committee for each project, Mrs. Levine felt that the
proposed wording was too specific and could be more general to provide just a
framework. The fact that the wording is permissive would allow the board of selectmen
the choice of setting up a committee or not. Mr. Penney will reword the section for
further study at the next meeting.
Section 5-15 — Historical Commission - change to five members, appointed by the board
of selectmen.
Section 5-16 - Council on Aging — change to five members. Mr. Dwyer will draft
wording for appointment of Council on Aging Director.
5-19 — Animal Welfare Committee -Consensus to make this section 5-12 in place of
Industrial Development Finance Authority which is being eliminated. Discussion
involved giving the Animal Welfare Committee charter status. It was pointed out that
although Animal Welfare has an extensive description in the General Bylaw the
Committee receives little support from the Police Chief. Their responsibilities under the
Charter could include the dog officer, care of the dogs at the pound and dog complaints,
which could be removed from the board of selectmen. It was the consensus of the
members present, five in favor and three opposed, to include the Animal Welfare
Committee in the charter. Mr. DeTrolio agreed to work with the Animal Welfare
Committee and prepare a draft of this section.
5-7 — Board of Registrars of Voters — Chairman Dunn agreed to speak to the Town Clerk
about the Board receiving payment and their status as town employees.
4. The next meeting will be held on February 3, The Commission agreed to continue to
meet every other week.
Meeting adjourned IOpm
Respectfully submitted,
Clerk //� lv' Date ,;? / -3 q
CHARTER COMMISSION
MINUTES
,i
JANUARY 6, 1998 11 A o S
Present: Vice Chairman Lou Amoruso, Clerk Todd Sankey, Doreen Tighe, Sandra ,
Levine, Tom Dwyer, Peter DeTrolio, Consultant Mark Morse
With Todd Sankey acting as Chairman the meeting opened at 7:45pm
L Correspondence:
Memo dated December 15 from Town Manager's Secretary regarding budget review
sessions
Memo from Town Clerk regarding Town Meeting vote for transfer of funds to
Charter Secretary account
Letter dated December 19 from Shaun P. Burke, Director of Planning and
Development regarding proposed changes to the make-up of the Planning Board
Memo dated December 24 from Scott Leite, Health Agent regarding the appointment
of the Health Agent.
2. Discussion of the memo from the Health Agent: Mr. Morse noted the Health Agent is
pointing out how he is appointed under State law. Mr. Morse expressed his opinion that
the Charter Commission can set up the appointment any way it chooses, i.e. having the
Town Manager make the appointments after recommendations from the boards and
committees. General provisions can be written to describe the appointment procedure.
He expressed concern that the Charter does very little to address the budget process and
there is more language than necessary for the boards of committees. The boards and
committees could just be listed and a paragraph describing procedures of organization,
reorganization and abolishment could be added at the end.
There was further discussion regarding the make-up of all appointed boards and
committees having five members and two alternate or associate members. Mrs. Levine
and Mr. Dwyer were concerned about keeping people interested in being alternates when
they have no vote.
Mr. Dwyer reminded Mr. Morse of the Commission's request to supply a list of town
meeting duties that may be removed from town meeting and assigned elsewhere. Mr.
Morse stated that he has written language for an indemnification paragraph and will send
it to the Commission.
e-_
Mr. Dwyer suggested the Commission consider some language that would prevent an
individual who has been convicted of a felony from being elected to a board. Mr. Penney
noted there should also be a provision enabling the Board of Selectmen to remove
individuals under those circumstances. It was the consensus of the members present to
have this type of language in the Charter. Mr. Morse agreed to supply the language.
Discussion involved the process to be taken to bring the Charter revisions to completion.
It was suggested that Mr. Morse review what has been completed to date for style and
content, specifically the first three sections for his next meeting with the Commission.
Mr. DeTrolio requested that the Commission consider language that would prevent the
Police and Fire Chief from performing detail work for private concerns within the Town
of Mansfield. Mr. Dwyer agreed that the situation does present a potential for conflict.
3. Minutes of December 16, 1997
Mr. Penney requested that page 2 section 5.3 read: "Mr. Penney noted that the Planning
Board needs a full board for special permit applications and suggested that if there is a
consensus to go from seven to five members that we consider having two alternates".
Mr. Dwyer noted that page l should state "minutes of December 2" not December 22.
Motion: To approve with the two amendments
Penney -Forbes, Amoruso, Sankey, DeTrolio in favor, Dwyer, Levine,
Tighe abstain) VOTED
4. Further discussion on the appointment of department heads who work for boards and
committees, specifically the library director, council on aging director, conservation
agent, parks and recreation director, health agent and planning director. The process
being proposed will be uniform for all six positions in that no less than two, and no
more than four names will be submitted by the board or committee to the town
manger. The town manager would then send a letter to the board of selectmen stating
he intends to hire a particular person, if the board of selectmen do not have a negative
comment within 15 days then the town manager hires his choice. Mr. Dwyer
expressed concern that the time period not be 15 working days but only 15 days
running. Mr. Amoruso noted that he would like the same procedure to be followed
by the school department. It was a consensus of the members present to proceed in
this manner with these appointments.
5. Motion: Adjourn
(Penney -Sankey, all in favor) VOTED IOpm
Respectfully submitted,
Clerk 1 `AJ M1� O Date , / -3 /y 6
CHARTER COMMISSION
MINUTES
DECEMBER 16, 1997
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Ralph
Penney, Peter DeTrolio, Sarah Forbes
1. Minutes of October 28
Motion: Approve
(Amoroso-DeTrolio, Penney, Dunn in favor; Forbes, Sankey abstain)
VOTED
Minutes of November 4
Motion: Approve
(Amoruso-Forbes, DeTrolio, Dunn in favor; Sankey, Penney abstain)
VOTED
Minutes of December J,2, 1997
Motion: Approve
(Amoruso-Sankey, Dunn in favor; Forbes, Penney, DeTrolio abstain)
VOTED
2. FY99 Budget discussion — Chairman Dunn prepared a budget for the Commission's
review and approval as follows:
Original
Request &
97-98 97-98 98-99
Budget Expected Request
Secretarial Support $ 4,500 $ 4,500 $ 3,500
Consultant Services 10,000 5,000 5,000
Printing Preliminary
Report $3,000 2,500 2,500 0
Printing Final
Report $10,000 10,000 0 10,000
Postage Cost for
8,400 Households 1,000 0 10,000
Hearing Notices &
Preliminary Report 2,000 0 2,000
Total request for FY99 - $21,500
Motion: To approve the memo to the Town Manager regarding the FY99 budget.
(Penney -Forbes, all in favor) VOTED'
3. Workshop
Article 5-1.6 — Appointed town officials receiving compensation for serving on a board.
Mr. DeTrolio's expressed concern that paying appointed and elected officials would
make them eligible for health insurance, which would be an expense to the town. Mr.
Penney felt that the board of selectmen should be compensated as an enticement for
qualified people. Mr. Amoruso felt that the section should be eliminated entirely and that
there should be a statement in general provisions that no official shall be compensated.
There was a consensus of the members present that there be no compensation for elected
or appointed officials.
Mr. Amoruso noted this also eliminates the compensation for the Town Moderator and
his paragraph must be cleared up.
Section 5.2.1 Board of Health — wording OK as revised
Section 5.2.2 - Mr. Sankey felt the Board of Health should present their selection for
health agent to the town manager for his appointment. Mr. Amoruso thought that State
law allows the board to appoint their agent, but the consultant should confirm this.
Chairman Dunn noted that there should be a standard appointment process for
employees that work for boards and committees. The process should stay within
the general laws, involve the boards and committees and the appointment made
by the town manager. Mr. Sankey's suggested wording was "the board shall
appoint a health agent pursuant to Article 9-4 of the general provisions". Article
9-4 will have to be created. This was a consensus of the members present.
Section 5.3 — Mr. Sankey felt that in the interest of standardizing wording that the
Planning Board should be five members appointed for three year terms. Mr.
Penney noted that the only time the Planning Board needs seven members is for a
special permit application and suggested there may be two alternate members
appointed. It was a consensus of the Commission to have five members, two
alternates and three year terms.
Mr. Penney does not agree with making the Capital Improvements Committee
smaller.
5.4.1— Discussion of wording: ".... shall appoint board of appeals per Article 9",
and to set up an appointment process that includes alternates and one that does
not.
5.5.1 — leave as written
5.5.2 — appointment to be made per Article 9.
5-6 — Board of Assessors — Commission will come back to this.
5-7.1 Board of Registrars — Members were concerned that these are paid
employees and that this section may be removed from the Boards and Committees
section. Chairman will review with Town Clerk.
5-8 — Conservation Commission — Wording will be for five members with two
alternates.
5.8.2 — The Conservation Commission shall appoint their Agent under the
provisions of Article 9-4.
5.9 — Airport Commission — leave as is
5.10.1 — leave as is
5.10.2 — Appointment of Recreation Director by Recreation Commission under
provisions of Article 9-4.
5.11.1 — Industrial Development Commission — discussion of five members for
three year terms. Mr. Penney and Mr. DeTrolio felt it should remain a seven
member board. Consensus was fora five member board. Also discussion of
giving the IDC the powers and duties of the Industrial Development Finance
Authority and eliminating Section 5-12.
5-13 Finance Committee — discussion for five members and two alternates.
5-13.2 — Mr. Sankey agreed to work on the wording of the duties and
responsibilities of the FinCom.
Mr. Penney suggested that under Section 8 aparagraph be added which would
describe the budget process.
4. Meeting adjourned 9:50pm
Respectfully submitted,
Clerk Date: I A Aa}
a
CHARTER COMMISSION
MINUTES
DECEMBER 2, 1997
°7 0 E ! 1 i'i'i 2: ab
Present: Chairman John Dunn, Vice -Chairman Lou Amoruso, Clerk Todd
Sankey, Tom Dwyer, Sandra Levine
Meeting opened at 7:50pm
1. Payroll for Secretarial Services
Motion: To approve, payroll in the amount of $223.30
(Amoruso-Dwyer, all in favor) VOTED
Minutes of October 28 to be held for next meeting
Minutes of November 4 to be held for next meeting
Minutes of November 17
Motion: Approve
(Sankey-Amoruso, Dwyer in favor; Levine, Dunn abstain) VOTED
2. FY99 Budget discussion: Money will be needed for consultant, printing and
secretarial services. Chairman Dunn will prepare figures for review at next
meeting.
3. Schedule of future meetings as follows: December 16, January 6 and January
20, all at 7:30pm.
4. Mr. Sankey presented draft wording for proposed chief financial director
position, and pertinent changes to sections 3.2.13, 4.2.3, 7.10 and 7.11. The
change to Section 3.2.13 eliminates the town accountant position, and
establishes a mandatory annual audit. Change to Section 4.2.3 would direct
the town manager to appoint a chief financial director and remove the town
treasurer/collector from his appointment. Section 7.10 would be deleted in its
entirety and be replaced with chief financial director position. Section 7.11
changed to eliminate town treasurer position.
Mr. Dwyer states he would like to see the financial director have a unified
department underneath him, which would include the appointment of the
collector and the administrative head of the assessors. He noted that since
there is a Uniform Procurement Act the town manager may have to be the
purchasing agent and the duty cannot be delegated to the financial director.
Mrs. Levine questioned why the position of town accountant would be
eliminated. She felt this position serves as a check on the treasurer/collector.
(D
She also asked if the financial director position would service the school
i` department as well. Mr. Dwyer noted the school department operates under
its own set of State laws, they would still need their own business manager.
He would interface with the financial director.
Mr. Amoruso stated he would like to have the Town Manager appoint the
chief financial director with the approval of the board of selectmen, and noted
there should be a transition provision in the revised charter . Mr. Dwyer noted
that whoever does the appointments they must be done in a consistent manner.
There was a consensus of the Commission members present that people who
are appointed under department heads do not have to go through the approval
of the town manager.
5. Karl Clemmey made several points to the Commission. The first was a
suggestion to put wording in the Charter that would require the planning board
and board of selectmen to meet on different nights. The second was that the
town manager should appoint the health agent and all other department heads.
His last point was that in light of the difficulty in getting a quorum at the last
town meeting it may be time to consider a town council form of government.
6. Mr. Dwyer presented a draft proposal for a unified personnel system. This
would affect changes to Section 3.2.9, and 4.2.12, clarifying the positions of the
town manager and board of selectmen. Section 3.2.9 would require the town
manager to give a recommendation to the board of selectmen and the board would
be responsible for approving personnel guidelines and job classifications. Section
4.2.12 establishes the town manager as the personnel director of the town and
makes him responsible for all aspects of administration, benefits and human
resource system for all Town employees including those of the school department
and electric department. He shall also conduct collective bargaining sessions with
all town departments, except the school department.
It was the consensus of the members present to modify the last sentence of Mr.
Dwyer's proposal to read: "He shall conduct or appoint an agent to conduct
collective bargaining sessions with the employees of all Town departments,
and shall serve as a resource to the school department if requested to do so by
the school committee and school superintendent."
7. John D'Agostino, Town Manager introduced himself to the Commission and
informally discussed a few items. He stated his preference for living in the
community where he is administering. He also discussed the tentativeness of
serving by virtue of a contract, there is no mechanism in the charter that
preserves the integrity of the office of town manager. He suggested a 4/5a'
vote of the board of selectmen for removal of a town manager.
8. General discussion among the members present included having the
consultant present for the January 6 meeting. Members also noted they would
like to have better attendance at the meetings.
9. Motion: To adjourn
(Levine -Sankey, all in favor) VOTED lOpm
Respectfully submitted,
Clerk � Date
CHARTER COMMISSION
2: 2
MINUTES -I
NOVEMBER 17, 1997
Present: Vice -Chairman Lou Amoruso, Clerk Todd Sankey, Doreen Tighe, Tom Dwyer,
Peter DeTrolio
- 1. Minutes of October 28 to be held for the next meeting
Minutes of November 4 to be held for +he nPxt meeting
2. Preliminary FY99 budget discussion. Mr. Amoruso noted that since the Commission
will not complete its task before June 30 a budget will have to be prepared for FY99.
He will discuss this with Mr. Dunn and come back to the Commission with more
definitive information on December 2.
3. Workshop:
Section 3.2.9: Discussion involved establishing the position of personnel director.
Mr. Sankey's understanding was that the responsibility would fall under the town
manager and therefore did not need to be spelled out in this section. Mr. Dwyer felt the
board of selectmen should have the responsibility of approving a system of job
classifications and they should approve a set of personnel guidelines. He also questioned
if the Commission wanted to set up a unified human resource department to include the
schools. Mr. Dwyer offered to draft a new Section 3.2.9 and 4.2.12, which addresses the
town manager as personnel director. There was a consensus of the members present to
go in this direction.
Section 3.2. 10 - leave as is
Section 3.2. 11 - leave as is -
Section 3.2.12 - leave as is
Section 3.2.13 - Mr. Sankey offered to write this section to include a chief financial
officer for the town and to create a chief financial officer position under Article 7.
Section 3.2.14 - consensus to delete the entire section.
Section 3.2.15 - Discussion regarding the Capital Improvement Program Committee.
Consensus that the make-up of the CIP be one member from the board of selectmen, one
member from the school committee, one member from the planning board, one member
from the finance committee and the town moderator.
Section 3.2.16 - Mr. Dwyer suggested that the inclusion of the Animal Welfare
Committee be reconsidered at the end of the process. Mrs. Tighe suggested that the
board of selectmen appointments be listed in a column form.
Section 3.2.17 — leave as is
Section 3.2.18 — leave as is
Section 3.3.1 — Mr. Sankey suggested the consultant be asked if the town moderator
can be appointed for a term of two years.
Section 3.3.2 —leave as is
Section 3.3.3 — leave as is
Section 3.4.1- The last sentence is to be removed
Section 3.4.2 —Mr. Sankey and Mr. DeTrolio questioned why the board of selectmen
are involved in appointing a school committee member. Suggested wording would make
the town moderator cast the deciding vote and eliminating the board of selectmen.
Section 3.4.3 — leave as is
Section 3.5.1— remove the last sentence
Section 3.5.2 — Suggested wording would make the town moderator cast the deciding
vote.
Section 3.5.3 -leave as is
4. Motion: Adjourn
(Dwyer -Tighe, all in favor) 9:30pm
Respectfully submitted,
Clerk f Date
Yo
i r+n-
CHARTER COMMISSION
n;-1
NOVEMBER 4, 1997
N41NUTES r+A` r i TS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Sarah Forbes, Doreen
Tighe, Peter DeTrolio, Tom Dwyer
Meeting opened at 7:35pm. Mr. Amoruso acted as Clerk.
1. Minutes of October 21, 1997
Motion: Approve
(Amoroso -Tighe, Dunn, DeTrolio, Dwyer in favor; Forbes abstain) VOTED
Minutes of October 28 to be held for the next meeting. Note that Sarah Forbes was
present for the October 28 meeting.
2. Motion: To approve the payroll in the amount of $456.75 for the month of October,
subject to approval from Town Meeting
(Amoruso-DeTrolio, all in favor) VOTED
2. The Commission met with George Wojtkiewicz to discuss the points in his letter of
October 20. His points included: the Charter should have a mission statement or
statement of intent; there should be a way to encourage more citizen involvement;
possibly by rewarding them for their service; establish a two party system in town
government; the concentration of financial power in the hands of the town manager
and department heads, more people should be involved in evaluating the budgets by
having a controller or subcommittee; establish a position to go after federal and state
grant money; change town meeting to a representative town meeting and establish a
town council; establish enterprise accounts to keep like funds with like expenses;
improve communications between board of selectmen, department heads and board
chairman; encourage voter referendums.
3. Light Department Director John Larch met with the Commission to discuss the
proposed Charter change, which would establish a separate Municipal Electric
Commissioners. Mr. Larch pointed out that legislation establishes the board of
selectmen in charge of the light department, and that the light department manager
runs the operation under the policy of the board of selectmen. He noted that of the 40
municipal light departments in Massachusetts 35 have separate light commissions, of
that number 5 are appointed and 30 are elected. There are 5 with the board of
selectmen as the overseeing authority, of these 4 have the town manager as the light
commission manager. He also stated that of the towns that had advisory boards
several had disbanded because of lack of interest. He had a concern with making the
present light department manager's position only a superintendent position and being
able to get a person qualified to run the department. He did not feel the proposed
M
wording would stand up legally because it does not give the Municipal Electric
Commissioners full power as defined under the general laws. The electric department
is an autonomous department of the town, their employees are municipal employees
but the chain of command is different; the light department does not answer to anyone
a town meeting. He did feel that it would make sense to have a separate commission
with people who could devote more time to its function.
4. Future meeting schedule: Monday, November 17, 1997; Tuesday, December 2 and
Tuesday, December 16.
5. Chairman Dunn stated that after discussion with John Larch he has changed his
opinion and would prefer to have an elected Municipal Electric Commission and to
give it all the powers under the general laws. He is however concerned about the
amount of responsibility this would put on a town manager. Mr. Dwyer stated that
elected groups tend to run their own fiefdoms and that it is difficult to get people to
run for office. He also noted that while Mr. Larch's comments should be very
seriously the Commission had previously agreed that once a section was written and
reviewed that it would not be discussed again without a full vote of the Commission
and then only at the end of the review process. Mr. Amoroso stated that the legality
of the proposal must be reviewed by the consultant.
6. Motion: Adjourn
(Dwyer -Forbes, all in favor) VOTED Meeting adjourned 9:40pm
Respectfully submitted,
Clerk Date t„ I 0
CHARTER COMMISSION {E'
11
M1NtJTES I'ti.. !;`,.' iTO
OCTOBER 28, 1997
Present: Chairman John Dunn, Vice Chairman Lou Amoroso, Ralph Penney, Peter
DeTrolio, Doreen Tighe, Sandra Levine
Meeting opened at 7:40pm
Mr. Penney was Acting Clerk
f
1. Correspondence:
Memo from Recreation Commission regarding the Arts & Crafts Fair on November 1
Memo from the School Committee regarding a reception for Superintendent John
Moretti
Memo from Tom Dwyer regarding comments on Mark Morse's letter
2. Minutes of October 14, 1997
Motion: To approve
(Amoroso -Tighe, Dunn, Levine in favor; Penney, DeTrolio, Forbes abstain)
VOTED ,
Note in item 6 paragraph 2, last sentence should read "Mr. Dunn noted that the
Board of Selectmen should have some power over contracts for purchase of power
source."
Note in item 6 paragraph 3, third sentence should read "Mrs. Tighe stated the board of
selectmen are the policy makers for the town and did not see that the board of
selectmen had to be water and sewer commissioners". '
Minutes of October 21 will be held for the next meeting.
3. Members began discussion of Section 4.
Motion: To strike the sentence in Section 4-1 which refers to establishing residency
for the town manager.
(Tighe -Forbes, all in favor) VOTED
Motion: To change the three-year term to an indefinite term
(Tighe-
fr. I
Discussion regarding the town manager's term limit. Mr. Amoroso felt there should be an
should be an upper term limit. Also, that the initial contract should be no less than
three years, in order to give the person a chance to prove themselves. Ms. Forbes
stated concern that the board of selectmen would remove a town manager every
year if there were no initial term limit. Mrs. Levine favored an indefinite term and
did not feel that the board of selectmen would remove a town manager every year.
She also had a concern of removing a town manager after his contract had been
signed and then having to buy out the remainder of the contract. Consultant Mark
Morse noted that only 3 or 5 year contracts can be given.
4. Commission met with Consultant Mark Morse to review the points in his
letter of October 21, which was in response to the concerns of the Commission.
a. Town elections in October: Mr. Morse's view is that an election cannot be
held in October unless there is special legislation allowing it.
Motion: That we amend the Charter to read that the annual town meeting shall
be held on the second Tuesday in April and that the annual election shall be held on
the third Tuesday in May each year.
(Penney -Forbes, DeTrolio, Tighe, Levine in favor; Amoruso, Dunn opposed)
VOTED
b. Have some legislative functions assigned to the Board of Selectmen, i.e. street
acceptances. Mr. Morse felt it would be possible to put a statement in the general
provisions of the charter allowing the board of selectmen to do functions now
performed only by town meeting, including accept roads, although he is not aware
of any other town doing this. Mr. Dunn stated he would like to research the
underlying purpose of these functions.
c. Altering the role of the Board of Assessors: The Charter Commission could
propose a redefined role for the Board of Assessors and create a full time
professional assessor/director of assessing position to run the day to day
operations. The Board of Assessors would continue to have the responsibility for
appeals, granting of abatements and similar functions.
d. Establishing a finance department: The position of chief financial officer would
be responsible for the assessors office as well as all other financial services and
activities for the town. The position would report to the Town Manager.
e. Time line for Commission Reports: Mr. Morse reiterated that a preliminary
report would be due on November 18 and the final report on January 20, or a
preliminary report will be due in July of 1998 and the final report due in September
1998.
f. Indemnification: Mr. Morse felt this was not a Charter level activity, however
wording could be written to state "It is a policy of the town that all public officials
f
acting in good faith shall be indemnified". There was a consensus among the
f Commission that there should be some wording in the Charter addressing
indemnification.
g. Discussion of standard hiring practices. Mr. Morse felt language could be
written to require the town manager to establish a human resource system to deal
with all departments, other than the school department.
There was a discussion of how often Mr. Morse should meet with the Commission. There
was general agreement that he should be present at least every other meeting, and that he
could be sent an outline of the anticipated discussion for that meeting.
5. Discussion of the function of the Municipal Building Committee, Mr. Penney felt the
MBC's function may need to be redefined, since they seem to be getting too involved in
the day to day function of the on-going projects, and they should only be involved at the
conceptual level. Mr. Amoruso stated the MBC should not be dissolved. Mr.'DeTrolio
felt the clerk of the works for all municipal projects should be hired by the town engineer
or the town manager.
6. At the next meeting on November 4 the Commission will discuss Articles 4 and 5.
7. Motion: Adjourn:
(DeTrolio-Penney, all in favor) VOTED
t,
Respectfully submitted
Clerk Date: l2l tb�R 7
I
CHARTER COMMISSION
-r P'1
MINUTES ( 2
OCTOBER 21 1997
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Peter
DeTrolio, Doreen Tighe, Tom Dwyer, Sandra Levine, Ralph Penney
Meeting opened 7:45pm
1. Correspondence
Letter dated October 14, 1997 from Acting Town Manger regarding date of Special Town ,
Meeting
Letter dated October 20, 1997 from George Wojtkiewicz outlining recommendations for
Charter changes. Mr. Dunn reported that Mr. Wojtkiewicz requested to be on the
Commissions agenda. Mr. Dunn agreed to put him on for November 4 for one half hour.
Letter dated October 21, 1997 from Mark Morse responding to Commission questions. Mr.
Dunn has requested that Mr. Morse be present for the October 28 meeting, at 8pm, for
discussion.
2. Minutes of October 7
Motion: To approve
(Sankey -Dwyer, DeTrolio, Penney, Tighe, Levine, Dunn in favor; Amoroso
abstain) VOTED
Minutes of October 14 will be for the next meeting
3. Commission reviewed Mr. Dwyer's redraft of Sections 3.2.7 Water and Sewer Committee,
3.2.8, 5.17, 4.2.15, 7.2 pertaining to municipal electric commission, manager and director,
and 4.2.9 powers and duties of the town manager.
3.2.7 reflects the majority's wish to make the appointment of an advisory water and sewer
committee mandatory by the board of selectmen. Also the term of office has been changed to
three years.
3.2.8 has been changed to add "approve any purchase power contracts in excess of one year".
Discussion that the word "prerogative" be changed to "responsibility".
Section 4.2.9 adds the sentence "He shall invite all boards and commissions to submit a
summary of its activities and plans to him for incorporation in the Manager's annual report to
the voters."
Mr. Amoruso would like to add on the end of 3.2.7 and 3.2.8, and to every other board,
committee or commission, the statement "the commission shall report at least annually in the
annual town report".
Mr. Amoruso polled the members on two questions: How many want the electric light
commission to be only an advisory board? Mrs. Levine was the only member who raised her
hand. Also, how many want the board of selectmen to retain the power to set the rates? All
members raised their hands except Mrs. Tighe.
There was general agreement to accept the concepts as stated in 3.2.7 and 3.2.8 and to
continue to work on the language.
Section 5,17, first paragraph pertains to the powers, duties and appointment of the Municipal
Electric Commission. Paragraph two deals with budget, revenues and expenses, capital
improvements and recommendations of electric rates.
Section 7-2 states that the town manager shall appoint a municipal electric department director
and establishes policy for appointment and dismissal of employees.
4. Members went through the Charter and identified sections they felt would need further
discussion and those sections which could be left alone. ''
Identified for further discussion: 3.2.9, 3.2.10, 3.2.13 through 3.2.16, 3.3.1, 3.3.3 through
3.5;1, 4.1 through 4.2.5, 4.2.8, 4.2.12, 4.2.15, 5.2.2 through 5.8.2, 5.10 through 5.18, 6.2.1
through 6.2.2, 7.3.1 through 7.6.2, 7.7.2, 7.8.1, 7.10.1, 7.14.1, 7.15.1, 8.2.1 through 8.4.2,
9.6.1 through 9.6.2, 9.6.4 through 9.6.7, 9.7.1 through 9.7.3,'9.7.7, 9.8.'
Members present agreed to a future procedure of discussion, to pick a topic and stick to that
for the meeting discussion. Once a consensus is reached on that topic it will be closed until
the entire Charter is reviewed. Aimajority :vote would have to be taken in order for that topic
to be reopened. Members are welcome to draft language for sections of particular interest to
them.
5. Motion: Adjourn
(Sankey -Dwyer, all in favor) VOTED IOPM
Respectfully submitted,
10-4 din. q h
Clerk- Date / 11W ! 7
_ CHARTER COMMISSION
MINUTES
OCTOBER 14, 1997 i =ati
Present: Chairman John Dunn, Vice Chairman Lou Amoroso, Clerk Todd Sankey,
Sandra Levine, Doreen Tighe, Tom Dwyer
Meeting opened 7:40pm
1. Minutes of September 30
Note in item 9, should read "and shall deal exclusively through him with
department heads and employees"
Motion: To Approve
(Sankey -Levine, all in favor) VOTED
Minutes of October 7 to be held for next meeting.
2. Discussion of set-up of Charter changes included inserting aparagraph explaining
the reason the Commission chose that particular action.
3. Correspondence:
Copy of letter from Chairman Dunn to W. Chadwick Maurer thanking him for
meeting with the Commission.
Letter from Wagner Communication regarding quote for printing Charterbooklet.
4. Chairman Dunn presented the question of whether or not the Commission members
present felt the November preliminary report deadline could be met. He suggested that
delaying the preliminary report until July would give the Commission more time for
thorough review and time to present the changes to the public. Mr. Dwyer requested
that if that were the case the Commission meet only every other week. Also he felt
that more public input was not necessary. Mrs. Tighe would like more input and also
would like to consider a survey. Mr. Dunn also supported a survey.
Motion: That we opt to take the two-year cycle in order to give us ample time to give
full deliberations
(Dwyer -Levine, Tighe, Sankey, Dunn in favor; Amoroso opposed)
VOTED
Mr. Amoroso noted that the Commission is going to loose some momentum if the
report is finished in July `98 and does not get on the ballot until March `99. He
questions the number of big changes to be made and the amount of debate on changes.
Mr. Dwyer felt the Commission now needs the Consultant sitting with them more
regularly. Mr. Dunn stated he has requested Mark Morse be present for the October
28 meeting.
5. Mr. Dunn initiated a discussion of introducing bylaws into the Charter, putting
parameters instead of having a lot of detail in the Charter. This would allow town
meeting to vote changes in the bylaw instead of Charter changes. Mr. Dwyer felt it
would make the Commission's job more complicated to attempt to remove things from
the Charter and write or rewrite a bylaw to cover them.
6. The Commission discussed Mr. Dwyer's draft proposals for a separate Water and.
Sewer Committee, a separate Municipal Electric Commission and changes to Section
4.2.15 and Section 7-2 regarding the Town Manager's responsibility to the electric
department.
Mr. Dwyer -noted that tris draft states -the Town Manager shall be the manager 7"the -
light department and shall appoint a director and all of the employees, giving the Town
Manager administrative control over the department for both authority and
accountability. It establishes aboard of light commissioners who report back to the
Board of Selectmen. Mr. Dunn noted jhey"should have some power over contracts for
purchase of power source Iand•,L 6-e d ed
Mr. Dunn noted that Mr. Dwyer's draft of the separate water and sewer committee
gives the board of selectmen the option of establishing the committee as an advisory
committee to them. Mr. Sankey felt that it should not be an; option, but a requirement.
Mrs. Tighe sta�ed the board of selectmen are the policy makers for the town and did
' not see tbathad to be water and sewer commissioners. She also stated the water
and sewer commissioners should only be advisory., Mr. Amoruso agreed with the draft
as written, as long as they are an advisory board. A consensus of the members; present
indicated that the water and sewer commission should be advisory to the board of
selectmen.
Discussion of the wording "shall appoint" and "may appoint" for both the electric and
water and sewer commissions. ;Mrs. Levine stated she would support "shall" for
electric and "may" for water and sewer. W. Dwyer stated his preference for "may'
Mr. Amoruso stated "shall" for electric and "may" for water and sewer, and to require
a written report in the annual report; A& Sankey and Mrs. Tighe supported "shall" in
both cases. 'Mr. Sankey requested that the terms of office be changed to three years
instead of five. Mr. Dwyer will redraft to reflect the discussion.
7. Motion: To adjourn
(Dwyer -Sankey, all in favor) VOTED l Opm
Respectfully submitted,
Clerk Date o� .2 g 9 7
$. d
CHARTER CONMSSION + !r
lQ�(?�
MINUTES
OCTOBER 7, 1997 h(�tr
.SSE 7
Present: Chairman John Dunn, Clerk Todd Sankey, Peter DeTrolio, Ralph Lnney,
Sarah Forbes, Sandra Levine, Tom Dwyer, Doreen Tighe
Meeting opened at 7:35pm
1. Town Clerk Judy Scott and Assistant Town Clerk Helen Christian met with the
Commission to discuss 'V,T-s. Scott's letter in which she addressed the number of
signatures required to have special town meeting and to have warrant articles
presented. She advised that those numbers are set by State law and cannot be changed
by Charter, 200 signatures to call a special town meeting and 10 for warrant articles.
Mr. Dunn reported that consultant Mark Morse confirmed this statement.
Mrs. Scott requested that the Commission reconsider their consensus of having town
elections on the second Tuesday in October. Her reasons are that every other year
there is a September primary and a November election. An additional election at that ;
time would overburden the office staff, there would be overlapping registration dates,
and it the day after a three day holiday which would necessitate overtime being paid
for set-up on Monday. A town election cannot be held on the same day as a federal or
state election. Mrs. 'Scott stated she would have no problem with the election in the
Spring or Summer.
2. Correspondence;
Letter from Town Clerk Judith Scott regarding proposed Charter changes
3. Payroll
Motion: To pay $629.39 for Secretarial Support Services for the month of
September
(Penney -Forbes, all in favor) VOTED
4. Minutes of September 30 to be held for the next meeting. Note in #5 that Section
3-2.2 refers to vacancies on the board of selectmen.
5. Old Business
The Commission began discussion of the Animal Welfare Committee and their position
in the Charter. Mr. DeTrolio felt that the police department should not be concerned
about dogs and cats, that there should be a position in the Charter to govern what the
Committee does. Ms. Forbes stated she is in agreement with Mr. DeTrolio, that the
Committee is currently in the General Bylaw and this does not seem to be working for
them. Mr. Penney felt that the Committee serves a need in the community because of
the growing dog and cat population. Mr. Dwyer did not feel that the Animal Welfare
Committee should have Charter status. The Commission will discuss this further at
their next meeting.
6." W. Chadwick Maurer met with the Commission and presented a unique perspective
on the Mansfield Charter. He was the Planning Director and Town Manager in
Mansfield and has been the Town Manager in Winchester for 13 years. Some of his
comments included: The town manager form of government in Mansfield is the oldest
form of government in Massachusetts and it is important to keep this tradition. The .
Winchester Charter does not mention any standing committees other than elected ones,
and the only managers mentiond are the town manager and DPW manager. He has
total purchasing control over the school, department, because of the Uniform
Procurement Act there is nothing that gets purchased in town that does not go through
the town manager, Everyone should be working towards the cooperation between '
education interests and municipal interests as opposed to the constant fighting. He
believes that the t s -m manager should have appointment authority over all =Inployees,
he has a personnel bylaw which provides for uniform hiring and dismal.
He stated that he regrets relinquishing the position of manager of the light department
when he was town manager here. Towns that have successful electric departments
have their budget included as part of the town manager's budget and the town
manager sets what they can spend. There has to be more public accountability of the
light department. He felt it would be a mistake to have a separate electric board, but
endorsed the idea of an advisory committee to the board of selectmen.
The town manager should be the highest paid person in the town, he should not be
required to live in town. A town manager should have an indefinite term, so that he is
not constantly concerned with the renewal of his contract. 'If there is an employment
agreement it should be for at least five years. The charter does not have to be specific
about the details of employment and termination. 'Since his duties and responsibilities
are spelled out in the Winchester charter he has never had to endure a performance
review.
He feels that it is unnecessary to have a permanent building committee, that it is far
better to appoint a committee to a specific project, they become advocates for that
project. Regarding organization and reorganization of departments, he has to present
a plan of what he wants to do to the board of selectmen. They have veto power, if
they do not veto within a certain number of days it becomes effective.
Regarding establishing a chief financial officer position, that position would have to be
almost parallel with the town manager. It would cover the accountant, town treasurer
and board of assessors. This would eliminate the board of assessors in favor of a
professional staff. The CFO would deal with financial issues and assessments. The
position would be difficult to implement.
His budget is presented to the Finance Committee and Board of Selectmen, the
Finance Committee presents the budget to the representative town meeting and makes
motions on the budget. Department heads are not required to attend town meeting.
Winchester has two town meeting, Spring for the budget, and Fall. The charter
requires that the school department budget be part of the town manager's budget.
He does not feel that the police and fire chief should be under civil service and they
should not be compensated from paid details.
7. Mr. Dwyer presented draft language regarding:
a. Separate Water and Sewer Committee
Amend Section 3-2.7 to read as follows: "The board shall be the Public Works
Commission and shall formulate policies that will provide proper services, public
utilities of water and sanitary sewer, and public facilities for the citizens. To aid the
board in the execution of its duties, the board may appoint an advisory water and
sewer committee to be composed of no more than five citizcns and may delegate to the
committee such power and duties under the General Laws Chapter ???? as the board
deems fit, except the power to approve the annual budget, to set rates, to acquire or
sell property, or to employ personnel ,Prior to enacting a budget, setting rates, or
authorizing the sale or acquisition of ,iy property for water or sewer purposes, the
board shall seek an advisory opinion from any water and sewer committee which may
be in effect. The board shall fix the terms of office of committee members provided a
term does not exceed five years, and may disband the committee at any time upon a
4/5th vote of the board."
b. Separate Municipal Electric Commission:
Amend Section 3-2.8 as follows: "The Board shall appoint a Municipal Electric
Commission which shall exercise all the powers and duties of municipal electric
commissions pursuant to the General Laws Chapter ????, except that the Board shall
retain as its exclusive prerogative the power and duty to approve the Municipal
Electric Department's annual budget, the Department's plan of operations, its capital
improvement plan and any regulatory filings, to set rates, and to acquire and sell
property."
c. Add Section 5.17as follows: "The Municipal Electric Commission shall exercise all
the powers and duties of municipal electric commissions pursuant to the General Laws
except as provided by Section 3.2 of this Charter. The Commission shall be composed
of five residents appointed by the Board of Selectmen for terms of five years, provided
that the Board of Selectmen as the appointing authority shall stagger the initial terms
of appointment such that one terms of office expires each successive year.
The Commission, acting through its Department Manger, shall submit to the Board of
Selectmen an annual budget setting forth its projected revenues and expenses, a plan of
operations, and a six year capital improvement plan including capital items anticipated
for acquisition or capital projects anticipated for initiation during the next ensuing
fiscal year. The Commission may also recommend to the Board adjustments in
customer electric rates as may be necessary or prudent from time to time to maintain
and operate the electric system of the Town."
d. Amend Section 4.2.15 pertaining to the Town Manager as follows: `He shall be
the manager of the municipal electric department for the purposes of administrative
control, purchasing authority, and personnel management including collective
bargaining matters."
e. Amend Section 7-2 Municipal Electric Department Director as follows: "The
Town Manager acting as municipal electric department manager shall appoint for an
indefinite term a suitably qualified person to be the municipal electric department
director. The director shall have responsibility for the operation and administration of
his department, including appointment and dismissal of his employees, subject to the
Town's personnel rules, practices and procedures establish by the Town Manager
acting as the Town Personnel Director."
Note that identical language should be considered for addition to each section of the
Charter under which department heads appoint and dismiss their personnel.
8. Meeting adjourned 10:25pm
Respectfully submitted,
Clerk � Date:
Charter Commission, I C'
Minutes
DU JLf ®U F=�
June 30, "l-1- TTS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Ralph Penney, Sarah Forbes, Peter DeTrolio, Doreen Tighe, Sandra Levine
3 The Commission met with the Board of Assessors and their Assistant
Off Mann er to discuss the proposed changes to their
Assessor/ ice g
department under a revised Charter. Mr. Dunn stated that the proposal
encompasses a financial organization as well as a process and the Assessor's
Office would fall under the financial director and office of finance, that this
organization would better define roles. Mr. Amoruso noted that the
Commission does not feel the Board of Assessors should be doing the daily
work and that there should be a full time professional.
The Board of Assessors do not feel their department should be placed under a
financial director/office of finance or that there is any need for a full time
"professional" assessor. Their feeling is that the process in place works very well
and there is insufficient justification to change it. They noted that the Office
manager runs the office day to day and reports to the Board as well as the Town
Manager.
Mrs. Levine questioned why the Board of Assessors is the only board that gets
paid. Mr.'Folkman stated that the positions are viewed as a small part time job
and there is considerable expertise required as well as certification.
2. The Commission met with Mark Morse to discuss revisions:
Page 27,'9-6 - Consensus to strike the last sentence of the first paragraph.
Consensus that this deals with both the school committee and board of
selectmen; a school department employee cannot serve on the school committee
and a municipal employee cannot serve on the board of selectmen. However, a
school department employee can serve on the board of selectmen and a
municipal employee can serve on the school department. Consensus to strike
the word "elected" in the last line.
Page 28, third paragraph, remove "given by publication in at least one
newspaper of general circulation in the town". Add "the board of selectmen shall
accept applications and maintain a list of interested voters to be updated
annually."
0
Section 9-8, first sentence to read: "The board of selectmen may remove any
"appointed" member of a board, etc."
Page 20, first paragraph add: -except those offices and positions under the
jurisdiction of the school committee, unless so requested by the school
committee."
Page 23, 7-8 — change to read: Each January there shall be a capital
improvement program committee formed and composed of, etc. Each member
shall be appointed by a majority vote of his or her board or committee."
Page 13, 5-3 Planning Board — Consensus of four Commission members to
change the make-up of the board to five full time and two alternate members.
The Commission discussed the letter from the Planning Board requesting that
site plan approval be added to their duties. The Commission felt that change
would be better handled by an amendment to the zoning by-law.
Respectfully submitted,
Clerk Date �I I
CHARTER COMMISSION
MINUTES
JUL 14 AN I I: 07
JUNE 9, 1998
1A SS Al i .'U'S CTTS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Peter DeTrolio,
Tom Dwyer, Sandra Levine, Doreen Tighe
Meeting opened at 7:40pm
1. Correspondence
Letter from the Commission to Board of Assessors scheduling a meeting for June 30.
Letter from the Commission to William F. Williams scheduling a meeting for June 23.
Letter from the Commission to the Municipal Building Committee scheduling a meeting for June
23
Bill from the Community Newspaper for advertisement of the public hearing in the amount of
$55.20
Motion: Approve
(Penney-Amoruso, all in favor) VOTED
Minutes of May 26 and June 2
Motion: Hold for next meeting
(Dwyer-Amoruso, all in favor) VOTED
2. Workshop — Commission met with Consultant Mark Morse to go over his draft, comparing the
content to previous' drafts of the Commission. Discussion was as follows'-
Article
ollows:Article 1 -,eliminate Section 1-3
Article 2 - Section 2-6 Change to read: "The town meeting shall operate by the current edition of
Robert's Rules of Ordernewly revised, and may amend such rules governing the conduct of the
town meeting as it may deem necessary or advisable.
Section 2-3, paragraph 2 - Discussion of changing to Mr. Dwyer's proposal of May 12 which
addresses the warrant for the annual town meeting. This section should also include; language
permitting boards and committees to insert articles, and that the warrant and supplemental
warrant shall be available seven days before town meeting. It was the consensus of members
present to accept the article as written with the additional language.
Section 2-3 paragraph 1- change to read "election of town officers shall be held on the second
Tuesday in May".
Article 3 Section 3-1(b) add "unless otherwise provided by this Charter"
Section 3-2(a) - add a section on how tD fill vacancies on boards and committees
`"fhe board of selectmen shall serve as the chief policy making
Section 3-2(b) change to read:
agency of the town."
Section 3-2(c) take out the word "advisory" water and sewer committee and cross reference to
"as provided in article 5-16".
Page 5 third paragraph add "real" property. Either here or under general provisions add a
statement that the board of selectmen will control all town property that is not otherwise i
controlled by a specific board or committee.
In Section 3-2 Board of Selectmen or under the personnel procedures it must be clearly stated
that the board of selectmen deal with any employee exclusively through the town manager. Also
add to this section that the board of selectmen appoint the town counsel.
Mr. Penney suggested that somewhere in this section it be stated that the board of selectmen
appoint their own secretary.
Throughout this section change "administrator" to "manager", change "agency" to "department'
Section 3-3 change Town Moderator's term to "two" years.
Section 3.4 School committee - add paragraph on filling vacancies.
Section 3-5 Housing Authority - add paragraph on filling vacancies.
Article 4 Section 4-4 - remove words "and may remove". Add "town clerk" in first paragraph. in
second paragraph add "animal control officer". Add statement "the list shall contain no less than
two and no more than four names. Failure to offer two gives the town manager the opportunity
to add to the list."
nager has the power to remove any employee that
Add a section that makes it clear the town ma
it is his responsibility to appoint.
Section 4-5 (b) and (m) add "except those under the jurisdiction of the school committee unless
requested by the school committee". Make sure there are no restrictions on purchasing,
maintenance of facilities and personnel benefits.
Add a section stating that the manager may, organize and reorganize departments, possibly in a
general section under Section 6-4 Human Resource Management. The selectmen would not be
involved in this process.
graph (b) add: The "town moderator shall act as the
Section 4-8 Removal of Town Manager para ,
presiding officer for this meeting".
Article 5
Section 5-4-1 change to "seven" members. Section 5.4-2 Mr. Penney suggested putting the last
per odce first,
irs , adddate and itement that the mplement the maoster plani report to the town meeting and shall
lly
Section 5-5 change to "Zoning" Board of Appeals. There should be a statement somewhere on
the alternates function.
Section 5-6 change to Board of Library" Trustees"•
Section 5-7 Board of Assessors - suggested language: " The board shall hear requests for tax
W
abatements and annually recommend the tax rate and classification to the board of selectmen. I
The daily administration and management of the office shall be under the direct supervision of
the director of assessing appointed by the chief financial officer."
Section 5-8 Board of Registrars of Voters - add sentence "The board of registrars may be
compensated".
Section 5-9 Conservation Commission - change to "seven" members. Second paragraph add
shall implement the wetland regulations of the commonwealth to preserve and protect the
natural resources of the town and shall manage all conservation land owned by the town".
5-11-2 add sentence: 'The commission shall manage all recreation land in the town".
Section 5-12 - add wording drafted by Mr. DeTrolio.
Section 5-13-1 change to "seven" members. 5-13-2 change to: "The finance committee shall
annually report to the board of selectmen and the voters on the proposed annual budget and all
financial articles in any town meeting. The committee shall also furnish to the board of
selectmen an advisory report on any requested budgetary transfers or emergency transfers or
expenditures from the reserve fund."
Section 5-15 change to "Municipal Electric Commission"
It was suggested that under general provisions a statement should be made that all boards and
committees shall reorganize each January, that town employees may be assigned to assist a
committee or commission but they may not vote, and a statement on filling vacancies.
Add Section 5-18 Municipal Building Committee as drafted by Mr. Penney: "There shall be a
Municipal Building Committee composed of five members appointed for staggered terms of three
years so that no more than two members shall have terms expire in any one year. The Town
Engineer or designee shall serve as clerk. Up to four special project members shall be
temporarily appointed to the Committee for special projects by the board of selectmen for
municipal projects and by the School Committee for school projects.
The Board of Selectmen or the School Committee. acting through the Town Manager or the
Superintendent of Schools, respectively, may direct the committee to only prepare plans and
specifications for the construction, alteration, or repair of town buildings, including furnishings.
The Committee shall request comments from all pertinent town boards, committees, commissions
and departments. All construction shall be implemented by the Town Manager who may direct
the Municipal Building Committee to serve in an advisory role."
Mrs. Levine suggested wording be changed to "any registered voter, elected or appointed officer,
shall serve as a special project member".
Article 7 - Section 7-1- Submission of the Budget - Consensus of the members present that the
budget must be submitted to the town manager no later than January 15.
Section 7-8 - change the composition of the Capital twmittee selectmen andro eom the
school committee, two from the finance committee, two from the board
from the planning board". Each committee shall appoint it's own representative.
3. Schedule of meetings June dun 23 -MBC and William F. Williams and continue
review
June 30 - Board of Assessors and continue review l
G
ft
Meeting adjourned 10:35 pm
Respectfully submitted, .
Clerk Date
I
I
Q
* CHARTER COMMISSION 3 �• (fir
✓U �I�f� t4i �14��t•
MINUTES
JUNE 21 1998 TTS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Tom Dwyer, Peter
DeTrolio, Doreen Tighe, Ralph Penney
Meeting opened at 8.55pm
1. Correspondence
Letter to Chairman from Municipal Building Committee regarding comments
on interim report
Letter to Chairman from William F. Williams, former Mansfield Town Manager
regarding the MBC
Memo from Board of Assessors to the Commission requesting time on the
Commission's agenda
Memo from Town Accountant to all Departments regarding year end
procedures.
Package from Bill Moore, MBC member regarding permanent building
committees
Copy of 11Simplified Rules or Order" left by Richard Devine
Payroll for May for $243.60
Motion: Approve
(Dwyer-DeTrolio, all in favor) VOTED
Bill from MMA Consulting Group for services from 1/1/98 through 5.26.98 in
the amount of $2,783.50
Motion: Approve
(Dwyer -Tighe, all in favor) VOTED
2. Workshop
The Commission members discussed the Municipal Building Committee and
various options for defining their role under the Charter, in light of the MBC's
comments at the public hearing.
It was the consensus of the members present to have Mr. Penney work on the
wording under the following concept: The MBC shall be a standing committee,
working under the direction of the town manager who will decide their scope of
responsibility on a per project basis. It will have up to four voting special project
members appointed by either the school committee or board of selectmen.
Town employees may participate but they shall not have a vote. The language
in the existing charter shall be incorporated in the sense of developing,
equipping and structural alterations. All contracts and change orders will be
handled through the Town Manager. Any conflict in responsibility will be
eliminated and the process will be streamlined.
3. Minutes of April 28
Motion: Approve
(Amoruso-DeTrolio, Tighe, Penney in favor; Dunn, Dwyer abstain)
VOTED
Minutes of May 19
Motion: Approve
(Amoruso-Dwyer, all in favor) VOTED
4. Discussion of review of the consultant's draft. It was decided that each
member would take one article in the consultant's draft and compare it with
the Commission's articles to make sure that nothing has been left out,
worded incorrectly or does not meet with commission's wishes in any way.
The Commission will request that Mark Morse meet with them on June 9. The
Assessors will be schedule for June 15 and the MBC and Mr. Williams for June
23.
5. Meeting adjourned at 9:55pm
Respectfully submitted,
clelIG Date
1
,t
e
['36
CHARTER COMMISSION
MINUTES
JUNE 16,1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Peter DeTrolio,
Sarah Forbes
No Meeting Held because of lack of quorum.
Respectfully submitted,
Clerk `� \
Date qj!Ii�'
CHARTER COMMISSION
MINUTES
MAY 19, 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoroso, Clerk Todd Sankey, Sarah Forbes,
Sandra Levine, Tom Dwyer, Doreen Tighe
Meeting opened at 7:45pm
1. Bill from Fasprint for $81.60 for printing of interim report
Motion: Approve
(Amoroso- Levine, all in favor) VOTED
Minutes of April 28 - hold for more members
Minutes of May 6
Motion: Approve
(Ammuso-Sankey, Levine, Tighe, Dwyer, Dunn in favor; Forbes abstain) VOTED
2. Workshop - review of consultant's draft
Section 4-7- Discussion of how compensation is determined for a temporary town manager. Mr.
Dwyer noted that a department head will assume the responsibility for a week or two with no
compensation. Mr. Drum suggested the wording "compensation as determined by the Board of
Selectmen from available funds".Mr. Amoroso felt this would be an administrative function rather
than a charter function.
Section 4-8 - Add to paragraph (b), before the last sentence, "The Town Moderator shall act as
presiding officer for this meeting".
Mr. Dann questioned paragraph (c). The consensus was that Mr. Morse rewrite the entire paragraph
to make it clearer.
Mr. Dwyer noted that Article 4 does not include language allowing the town manager to organize and
reorganize departments. This statement is to be added under Section 4-5 as (p), and change the
existing (p) to (q). The draft also does not include the Commission's section 4.2.2 regarding powers
of appointment.
Consensus to add to Section 4-3 - "as he deems necessary within the provision of this Charter".
Section 4-4 - add Town Clerk The Commission had previously wanted to eliminate the words "and
may remove", from paragraph two, but the town manager's removal authority is not stated anywhere
else. Mr. Amoroso suggested to add a section "Powers of Dismissal: the Town Manager shall have
the power to dismiss any employee that it is his power to appoint". This should be added in Section
4-5.
Article 5
Mr. Amoroso felt the article could be condensed by listing the boards and committees, note the terms
and the number of members for each. Mrs. Tighe questioned if the board of selectmen could be
allowed to expand the membership as determined necessary and was advised this would be a charter
change that would have to go before town meeting. The consultant will be requested to simplify this
entire section. Also, add the Industrial Development Commission with seven member for terms of
three years and Historic Commission with five members for terms of three years.
Section 5-13-1 - Change to read: "There shall be a Finance Committee composed of seven members,
etc.".
a
Change 5-13-2 to the Commission's 5-13-2 - "The Finance Committee shall annually submit a
written advisory report to the Board of Selectmen and the voters on the proposed annual budget and
all financial articles in any town meeting. The Committee shall, also furnish to the Board of
Selectmen an advisory report on any requested budgetary transfers or emergency transfer or
expenditures from the reserve fund"
Section 5-11 Recreation Commission - there was discussion about including all parks and recreation
fields as part of their responsibilities. There was agreement not to include "parks" in this section.
Section 5-4 Planning Board - change to seven members
Mr. Amoroso noted this article has no provisions for filling of vacancies and a statement should be
added in 5-2. Mr. Dwyer stated a statement could be made in a general clause addressing vacancies
and appointments.
3. Discussion on preparation for public hearing on May 26. The hand out material will be the
interim report which had been prepared for town meeting. Mrs. Tighe noted that one issue will be
why the Commission made any particular decision. Mr. Dwyer suggested that Mr. Dmm as Chairman
make a general opening statement that the decisions made to date are preliminary and the
Commission is open to all ideas. Debate between the members and audience should be avoided. The
members must be prepared to defend their decisions with some rationale.
4. Schedule of next meetings: June 2, 9, and 16. Request that Mark Morse be available for all dates,
although it may not be necessary for him to be at all meetings. Also, request an updated bill from Mr.
Morse.
5. Motion: Adjourn
(Sankey -Tighe, all in favor) VOTED 9:40pm
Respectfully submitted,
Clerk 7"""- Date �/21V
r u
CHARTERCOMMIS�,O C '
MINUTES did@ 16 Pc���'
APRIL28, 1998 t ' `�ijli�a
Present: Vice Chairman Lou Amoruso, Clerk Todd Sankey, Peter�DeTrolio, Sarah Forbes, Ralph
Penney, Doreen Tighe
With Mr. Amoruso acting as Chairman the meeting opened at 7:35pm
1. Correspondence
Memo from Chairman of the board of Selectmen requesting a joint work -shop of all board and
committee chairmen.
Letter to Town Manager John D'Agostino from Town Counsel regarding gift of land.
2. Minutes of April 14
Mr. Penney noted that in number 6, where he pointed out that the dates for elections and town
meeting were set at the 35 days maximum, there was also a'consensus to change the days to
have town meeting the second Tuesday in April and town elections the second Tuesday in May.
Ms. Forbes requested to have included in item #4 that she is in favor of Mrs. Tighe presenting a
minority report.
Motion: Approve as amended
(Sankey -Forbes, all in favor) VOTED
3. The Commission members present reviewed the notice for the public hearing on May 26 and
finding it satisfactory requested that it be advertised in the Mansfield New and sent as a
press release to the Buzz and the Sun Chronicle. It was also suggested that the Town
Moderator be requested to make an announcement at Town Meeting that the interim report
is available and that there is a public hearing scheduled.
4. Consultant Mark Morse met with the Commission to review his draft of Articles I through X.
His draft consolidated all articles into one document into which he tried to include all
Commissioners comments. The Articles are as follows:
Article I Incorporation, etc.
Article II — Legislative Body: town meeting section
Article III — Elected Officials: the section relating to the board of selectmen
must be carefully reviewed.
Article IV - Town Manager: outlines the powers, duties and responsibilities.
A new section regarding the termination of the Town Manager has been
added.
Article V — Appointed boards and commissions: lists boards, committees and
commissions appointed by the board of selectmen.
Article VI — Administrative Organization: public works department, finance
department, electric department and human resource management.
Article VII — Fiscal Provisions: covers fiscal procedures
Article VIII — Recall of Elected Officers: gives the recall procedure its own
article.
Article D(— General Provisions — contains administrative sections.
Article X —Transitional Provisions — contains effective date and other
transition provisions, which will need to be developed.
The old Article VII Appointed Town Officers has been eliminated and incorporated into other
Articles.
The Commission will review the draft and have comments for the next meeting.
5. The next meetings are scheduled for May 6, 19 and the public hearing on May 26.
Respectfully submitted,
Clerk C' Date
CHARTER COMMISSION
MINUTES
APRIL 14, 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Sarah Forbes, C
Doreen Tighe, Peter DeTrolio, Ralph Penney, Tom Dwyer
Meting opened 7:40pm
1. Correspondence
Memo from Town Manager to Town Clerk regarding opening warrant for Special Town Meeting.
Payroll for March secretarial services $319.30
Motion: Approve
(Amoruso-Dwyer, all in favor) VOTED
2. Minutes of March 24
Note that Mr. Dwyer was present at the March 24 meeting. Mr. Dwyer suggested that under
Section 9.8.1 the term "hearing officer" be changed to "presiding officer".
Motion: To approve the minutes of March 24 as revised changing the word
hearing to presiding'
(Amoruso-Dunn, all in favor) VOTED
3. Town Manager John D'Agostino met with the Commission for general discussion. Some of
his comments involved the proposed change to the budget process,; which would not include
the board of selectmen. He feels the budget should be the responsibility of the town
manager, and not to put the financial decisions in the hands of a political entity. He is
responsible for setting a balanced budget either before town meeting or before the tax rate
is seta The review process he established for this year's budget was to create a financial
team to review each department's budget. He commented that in Town of Blackstone
there were so many Charter changes that the voters rejected the entire proposal. The best
structure for a Chief Financial Officer, in his opinion, is in the Town of Bellingham. The
person is appointed by the board of selectmen and reports to the town manager and has
definitive responsibilities. When advised of the proposed procedure for Town Manager
appointment of department heads he felt that the 4/5 veto of the board of selectmen would
be fine. He stated the positions of Police and Fire Chiefs should be removed from Civil
Service.
He would be in favor of a unified personnel policy that would encompass all town
departments including the electric department and the schools and is currently developing a
standard personnel policy. One of the considerations for adoption of this policy would be to
include it as a town bylaw that could only by changed by town meeting rather than by the
board of selectmen. Regarding the number of members on the Capital Improvements
Committee he did not feel that reducing the membership to one from each committee would
be inappropriate. Also he stated he would be comfortable signing the warrant instead of the
board of selectmen, but another style of manager may not.
Regarding the role of the Municipal Building Committee he felt they have a significant role but
their duties should be spelled out very clearly, they should only be an extension of the board
of selectmen policy. He felt that the Animal Welfare Committee would be a positive addition
in that they could handle animal complaints. Any agent for them should be appointed by the
town manager and report back to the committee.
4. Mrs. Tighe stated that she will be submitting a minority report regarding representative town
meeting and wanted the committees opinion as to whether she should include it in the
interim report for town meeting or in the final report. Several members felt that the
Commission will have a hard sell with the changes proposed and it would be best to present
a united front at least until the final report. Before a minority report is presented Mr. Dwyer
requested that the membership ask themselves if, on balance, the document being proposed
is better than what exists. Mr. Amoruso suggested that some members go on ilocal cable TV
to present viewpoints.
Motion: That we include in the write up the language that Doreen wants. Under "the
commission supports an open town meeting form of government' add "there is a minority
view point for representative town meeting
(Dwyer-Amoruso, Forbes, Tighe, Penney, Sankey, Dunn in favor; DeTrolio opposed) VOTED
5. Mr. Penney questioned the action taken regarding the Municipal Building Committee being
eliminated and ad hoc committees being established as needed. He stated that if the
Commission cannot come to a consensus then he would like to have a minority opinion
included in the report.
6. Mr. Penney pointed out that the dates for elections and town meeting are set right at the 35
days maximum time. He requested that be changed to read "town meeting shall be held the
second Tuesday in April and town elections shall be held on the second Tuesday in May".
7. The Commission agreed to tentatively schedule a public hearing for May 19 at 7:30pm to
discuss the proposed charter changes.
Meeting adjourned at 10:15pm
Respectfully submitted, AµNtiZ�LO%V2
arm
Clerk �1 i bate ylza�ct8
�� L
l�.
CHARTER COMMISSION
MINUTES
MARCH 24, 1998 f � , .. � , �_ L Ff
Present: Chairman John Dunn, Vice Chairman Louis Amoruso, Clerk Todd
Sankey, Ralph Penney, Peter DeTrolio, Sarah Forbes, Sandra Levine,ia;, ie
Meeting opened 7:35pm
1. Minutes of March 10
Motion: Approve
(Amoruso Penney
Mr. Penney noted that under Correspondence the second paragraph should
read "felt that he had explained the Commission's position'; instead of "They
had explained".
i
Also noted that under #2 :second paragraph there should be a sentence
added that states "or should it be left up to the contract negotiations".
Motion: Approve as amended
(Amoruso-Penney, DeTrolio, Dunn in favor; Forbes, Sankey, Dwyer,
Levine abstain) VOTED
2. Workshop
The Commission discussed and reviewed the Interim Report of the Charter
Review Commission, drafted by Mr. Dunn and Mr. Amoruso which is to be
presented at Town Meeting as an update of the Commission's activity. Points in
the draft included: let the public know that there are copies of the Charters of
other towns available for their review at the Library; include the specific days
chosen for town meeting and the annual election. Mr. Dunn stated that during
his discussion with the Town Manager that the Town Manager felt that the Town
Moderator should be running the town meeting with complete unbiased feelings
and if he is a member of the Capital Improvements Committee this could be
difficult.
Mr. Penney expressed his wish to have two members from the board of
selectmen, school committee and planning board on the Capital Improvements
Committee.
Motion: That we amend the write up for town meeting to have two board of
selectmen, two school committee, two planning board, two Finance Committee
members and the Town Moderator on the CIP, which will also change the
present consensus of the Commission.
(Penney -Sankey
Members present did not agree with going over sections already covered and
taking another consensus. Mr. Penney noted the Commission had already done
that when changing their position on the make-up of boards and committees.
Mr. Amoruso felt the easiest way to resolve the issue for the report would be to
eliminate the number.
Additional points noted: Take out the words "countless hours', just say meet
biweekly. In the statement regarding the Municipal Building Committee use the
word "redefined". State that "the animal welfare committee will be added to the
charter".. Put in more detail about the newly created financial department.
Under the board of selectmen, state that "the board of selectmen will approve
and adopt the budget". Instead of "professional model' use "continuation of
the board of selectmen/town manager form of government with better definition
of the rules and responsibilities". Discussion of presenting a minority view in the
report, state that "many of the views continue to be debated".
Mr. Dunn will rewrite the report for the next meeting.
3. Article 9 General Provisions
Mr. Penney noted that other Charters mandate their charter be evaluated every
ten years and bylaws reviewed every five years, he would like a statement on
- how the bylaws are established. 'Mr. Dwyer noted agreement with charter and
bylaw review, but also noted that since there is no enforcement procedure it
would not be done.
Add Section 9-5 to include language about bylaws and change numbers of
following sections accordingly.
9.7.1— Discussion involved defining "cause". It was generally agreed that it
would be difficult to be specific without leaving something out, and that a better
approach would be to increase the percentage of signatures needed for a recall
petition.'
9.7.5 — Change to read "any official sought to be recalled may not be a candidate
to succeed himself'. This was a consensus of the members present. Request
Mark Morse to draft this language.
9.7.4 — Ask Mark Morse about timing.
9.7.7 — Change "cross -mark (x)" to "shall mark as defined".
9.7.8 -Discussion of time limit for recall for a person in office or who has
recently gone through a recall procedure. Mr. Dwyer suggested to raise the
percentage to 10% for that situation. It was generally agreed to leave it as is.
9.8.1— Questions of whether or not there should be a statement here about the
town manager. Mr. Dwyer recalled that Town Counsel had stated that the
appointing authority should be allowed to designate someone else as a hearing
officer. It was suggested that thehearfficer be the Town Moderator and
that Mark Morse draft wording to accom�lsh this. Mr. Sankey would like to have
the hearing office give a written opinion. n�"5
�- QWwwr
Ms. Forbes requested that the Commission establish language that would limit
the ability of town employees to serve as selectmen, or for a selectman to be a
town employee for one year after they are off the board. Mr. Amoruso would
like to see this extended to appointed boards as well. Ms. Forbes agreed to draft
the language.
Section 9.9 — Indemnification — Consensus to adopt "The town shall indemnify
officer, employees, and agents against liabilities incurred on damages sustained
in the bona fide discharge of their duties".
4. Discussion of the Municipal Building Committee - The Commission has
previously discussed the wording for setting up a project committee, the final
decision being to allow the board of selectmen or school committee set up ad
hoc committees as needed and let the existing MBC finish up jobs they are on.
Mr. Penney felt there should be some definition for the set up of these ad hoc
committees.
4. The next meetings will be April 14 and April 28.
Meeting adjourned 10pm
Respectfully submitted,
(As Ak„3eA
Cler Date 444 q%
CHARTER COMMISSION
MINUTES
SEPTEMBER 8,1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey, Sarah Forbes,
Ralph Penney, Peter DeTrolio, Sandra Levine, Tom Dwyer
Meeting opened at 7:35pm
1. Correspondence
Minutes of August 18, 1998
Motion: Approve
(Amoruso-DeTrolio, all in favor) VOTED
Memo from Commission Secretary to Mark Morse regarding changes
f
Memo to Department Heads regarding Special Town Meeting
Memo from Town Manager to Charter Commission regarding organization of the MBC
Bill from Community Newspaper for $33.12
Motion: ,Approve
(Sankey-Amoruso, all in favor) VOTED
2. Discussion involved changes made at the August 31 meeting:
Section 5-6
Motion: That we replace "annually make" with "establish"
(Amoruso-Penney, all in favor) VOTED
3. Dave Young representing the MBC met with the Commission in support of Town Manager
D'Agostino's memo of September 2 regarding the organization of the MBC. Mr. Young stated
that the MBC feels it should be involved in all projects from inception to completion including
oversight for planning and construction. He also requested the Commission reconsider the 500sf
or under building size where the MBC would not get involved, and change it to I,000sf.
4. Section 4.4a —add the phrase "for which no other method of selection"
5. Discussion of having the Moderator prepare rules and regulations for town meeting.
Motion: That we adopt the second alternative that Mark Morse wrote C the moderator shall
prepare rules and regulations for the operation of the town meeting. Copies of such rules and
regulations shall be provided to the town clerk, who shall make copies available at any town
meeting. Any such rules and regulations shall make provisions for the use of secret ballots.'l
(Dwyer- Forbes,
G
Motion: In accordance with the bylaws the moderator shall prepare rules and regulations for the
town meeting. Any such rules and regulations may be amended by town meeting.
(Dwyer -Forbes, Sankey, Penney, Dunn, DeTrolio, Levine in favor;
Amoruso opposed) VOTED
6. Mr. Morse noted that when the final report is submitted to the board of selectmen there can
be handwritten notes, as long as they are initialed. Also, the minority report has to be
submitted within 48 hours of the submission to the board of selectmen.
7. Discussion of Mr. Penney's comments included: Not using Roman numerals; preparation of
an annual report, which would include town employees salaries. ,Under Section 2-4 it
appears that only petition articles can be presented at town meeting.
Motion: The board of selectmen shall insert all subject "it deems advisable" and insertion of
which
(Penney -Forbes, no vote
Motion: Add municipal electric commission and electric department manager to the list in 4-4.b
and remove from 4-4.a
(Penney -Dwyer, all in favor) VOTED
Motion: That we amend Section 4-4.a by adding "in accordance with Section 4-4.a by adding "in
accordance with Section 4.4.c."
(Penney -Dwyer, all in favor) VOTED
Section 5-18
Motion: Take out the word "liaison" to the committee; "the town engineer or other designee
shall be". Reword "the town engineer or other appropriate designee appointed by the town
manager shall serve as a non-voting member of the committee".
(Penney -Forbes, all in favor) 'VOTED
Motion: That we reduce the 10,OOOsf to S,OOOsf
(Amoruso-Dwyer, all in favor) VOTED
Motion: Take out the word "such"
(Dwyer -Penney, all in favor) VOTED
Section 7.1 Submission of Budget
Motion: Change date of budget submission to the first Monday in February.
(Amoruso-Forbes, all in favor) VOTED
Motion: That we make the revisions to Article 7.5 as proposed by Mr. Penney
(Penney -Sankey, DeTrolio in favor, Levine, Dwyer, Amoruso, Dunn opposed; Forbes
abstain) FAILED
Motion: That the board of selectmen approve the weekly warrant
(Levine-Amoruso, Penney, DeTrolio in favor; Dwyer, Sankey, Dunn,
Forbes opposed) FAILED
Motion: That we approve the charter with all of these changes
(Dwyer -
Motion: That we put in the charter that the Police Chief and Fire Chief are not
Permitted to do any outside detail work.
A' -- (DeTrolio-Forbes, no vote
.... Motion: That we endorse and recommend the proposed charter with the changes made
tonight and submit it to the board of selectmen forthwith
(Dwyer -Forbes, all in favor) VOTED
Mr. Penney noted that the cover letter should mention the municipal electric commission and
the water and sewer committee, that the dates for election and town meeting have been
changed, statement of major differences between proposed and existing charter, the change in
the assessor's office.
Motion: To approve Mark Morse's summary of our final report as amended
(Penney-Amoruso, all in favor) VOTED
The Commission will meet again on September 16, 1998 before meeting with the Board of
Selectmen to present the final report.
Meeting adjourned 10:55pm
Respectfully submitted,
Cler',,n�
Date R l tbah
CHARTER COMMISSION
MINUTES
August 18, 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Sarah Forbes, Doreen Tighe, Tom
Dwyer, Ralph Penney, Peter DeTrolio, Consultant Mark Morse
Meeting called to order 7:30pm
1. Workshop discussion of changes to preliminary report:
a. Section 4.4.d - change to read "Appointment of Officers, Subordinates and Employees"
b. Section 4.4.a
Motion: to add the phrase "for which no other method of selection is provided in this
charter"
(Dwyer -Forbes, all in favor) VOTED
c. Section 4.4.c
Motion: that we change the length of time from 15 days to no more than five days
(Tighe -Forbes in favor; Penney, DeTrolio, Amoruso, Dwyer, Dunn opposed) FAILED
d. Section 5-14
Motion: To have the Municipal Electric Commission completely separate from the board of
selectmen
(Tighe -Forbes
MOTION WITHDRAWN
Motion: That it should be called a Municipal Electric Committee
(Tighe -Forbes in favor; Penney, DeTrolio, Amoruso, Dwyer, Dunn opposed)
FAILED
e. Section 7.1
Motion: change sentence to read "The proposed budget shall include the school committee's
budget without chance
(Amoruso-Dwyer
f. Section 7.2
Motion: That we add a sentence to the effect that the town manager shall prepare a budget
summary to be printed in the local newspaper a minimum of seven days prior to town meeting
(Penney -
Motion: At least seven days before the annual town meeting cause to be published in a
newspaper of general circulation a summary ofm*r warrant issues including the budget
(Penney -Tighe, all in favor) VOTED
g. Motion: That we make some kind of provision to provide for a secret ballot at town meeting
(Forbes-DeTrolio
h. Motion: that we add Section 9.10 that says every five years beginning the year 2000 the
moderator shall appoint a committee to study the bylaws and make recommendations for
change to the town meeting
(Tighe -Forbes, Penney in favor; Dunn, Dwyer, Amoruso, DeTrolio opposed) FAILED
i. Motion: That under Section 2.6 or under another section that Mark thinks is better that we
include some language that requires that the town moderator to publish rules and
regulations that sets forth the procedures that town meeting must be conducted including
the procedures for secret ballots.
(Dwyer -Forbes, all in favor) VOTED
j. Motion: Under Section 5.3 to return the Planning Board to seven members
(DeTrolio-Forbes, all in favor) VOTED
k. Section 7.4, last paragraph
Motion: change to read "should the town meeting fail to approve a budget by the start of
ensuing fiscal ears theappropriation level of the previous fiscal year shall remain in
the en g Y,
effect.,,
(Dwyer-Amoruso, all in favor) VOTED
I. Section 7.7
Motion: That we strike the words "and may also authorize the transfer of any unexpended
balance of an appropriated budgetary account to another appropriated budgetary account'
(Dwyer-Amoruso, all in favor) VOTED
m. Section 7.4
Motion: Delete the words "upon receipt of the operating budget'
(Dwyer-Amoruso, all in favor) VOTED
n. Section 5-18
Motion: That we eliminate the standing Municipal Building Committee
(Tighe -no second
Motion: That we work on the proposed Section 5-18 provided to us by the MBC
(Amoruso-Forbes, DeTrolio, Dwyer, Dunn in favor; Penney, Tighe opposed) VOTED
Motion: To adopt the following amendments: Second sentence change to read "serve s
liaison to the MBC." Change "two" temporary members to "four" for both the board of
selectmen and school committee. Remove "but not for more than three years". Remove
"developing planning reports'. Remove"construction management'. Change "500sf'to
1110,000sf'. Change the "and" between water department projects and wastewater to "or".
Change the last sentence to read "the specific duties would be defined by the town manager
for that individual project".
(Amoruso-Forbes, Dwyer, DeTrolio, Dunn, Tighe in favor; Penney opposed) VOTED
Motion: That we keep "originally equipping" in the language
(Amoruso-Forbes, Dwyer, Dunn in favor; DeTrolio, Penney, Tighe opposed) VOTED
o. Section 6-2 Finance Department
That we remove the last paragraph starting with `The Chief Financial Officer shall serve as
the town treasurer.." and add wording "the financial department shall consist of accounting,
assessing, revenue collection and treasury management'
(Amoruso-Forbes, all in favor) VOTED
p. Motion: To add a transition section for the municipal electric commission similar to water
and sewer
(Dwyer-Amoruso, all in favor) VOTED
q. Motion: To add to Section 8-5 "If the incumbent sought to be recalled does not resign"
(Amoruso-Dwyer, all in favor) VOTED
Meeting adjourned 10:20pm
Respectfully submitted,
Clerk fj 4 ,, Date
CHARTER COMMISSION -_
SEP - r
MINUTES /(: 00
AUGUST 11, 1998 ,PPS
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Doreen Tighe, Ralph Penney, Peter DeTrolio, Sarah Forbes, Tom Dwyer
Chairman Dunn opened the public hearing opened at 7:30pm. Clerk Sankey
read the notice: In accordance with Massachusetts General Laws Chapter 43B
Section 9 the Charter Commission of the Town of Mansfield will hold a Public
Hearing on Tuesday, August 11, 1998 at 7:30pm at Town Hall, Room 3B/C, 6
Park Row, Mansfield. The purpose of this hearing is to receive comments on the
Preliminary Report of the Mansfield Charter Commission. Copies of the
Preliminary Report are available at the Town Hall. Public participation is urged
and welcomed."
Police Chief Arthur O'Neill spoke in favor of retaining the Municipal Building
Committee as it now stands and in favor of having the Police and Fire Chiefs
appoint their own employees as well as leaving the Chiefs under Civil Service
appointment.
Dave Young of the Municipal Building Committee spoke in favor of retaining the
standing MBC and presented a draft proposal for changes to their duties.
Jean Miller, representing the School Committee requested an explanation of the
impact on the school budget under the new proposal
Town Manager John D'Agostino stated he felt the budget should remain an
administrative document as the Town Manager's budget.
Tom French, Chairman of the Planning Board stated the Board's unanimous
desire to have their membership remain at seven members, and not the five with
two alternates as proposed.
Al Turinese, representing the Board of Assessors questioned how the Board of
Assessor's office would function under a Chief Financial Office and finance
department.
Leonard Flynn, 102 Jewell Street: Stated he felt a five year term on the Planning
Board would be better than the proposed 3 year. He agreed with Robert's Rules
being adopted for town meeting.
Dave McCarter, Selectman: Questioned why the Commission is creating a
separate municipal electric commission and a water and sewer committee. He
also stated his objection to prohibiting town employees from holding elected
offices.
Robert Saquet, Town Moderator: He generally felt that the proposed charter
wants to change things that don't need changing. He is in support of the
Municipal Building Committee as it stands. He is not in support of adopting
Robert's Rules of Order for town meeting. He questioned giving the Industrial
Development Commission appointment tothe board of selectmen.
Thomas McShane, Planning Board: Felt that the makeup of the Planning Board
should remain at seven members. He is concerned about the timing of elections
and town meeting; suggested a lottery for town meeting articles. He questioned
adding two school committee members to the Capital Improvements Committee.
Shirley; McPhee, Assessor's Office Manager: Expressed concern about the town
accountant's position being absorbed into the finance department and not being
appointed by the board of selectmen.
The hearing closed at 9:55pm
Town Counsel Robert Mangiaratti: Felt that Robert's Rules of Order might be too
cumbersome for town meeting and suggested that the Town's general bylaws be
amended to include procedures for running town meeting.: On the question of
prohibiting town employees from running for selectmen he stated there is a case
in trial court which addresses and supports the proposal.
Correspondence:
Memo dated July 8,1998 from Town Manager regarding correction to David
Young memo
Letter dated July 15, 1998 from Chairman Dunn to Town Counsel enclosing a
copy of the Preliminary; Report
Letter dated July 16, 1998 from Shaun Burke, Director of Planning and
Development regarding the Preliminary Report as it relates to the Planning Board
Memo dated July 23, 1998 from Town Counsel to Town Manager regarding
budget provisions in the proposed Charter
Letter dated July 24, 1998 from Supervisor of Public Records for the
Commonwealth regarding public record requests
Memo dated July 28, 1998 from Acting Town Manager regarding Town web site.
Letter dated July 30, 1998 from Attorney General's office regarding "facial"
approval of the proposed Charter amendments
Memo dated August 5, 1998 from Board of Assessors regarding preliminary
report
Bills: Motion: To approve the $900 printing bill from the Sun Chronicle
(Penney-Amoruso, all in favor) VOTED
Motion: To approve the $2,809.72 bill from MMA Consulting Group, Inc.
(Penney -Forbes, all in favor) VOTED
Motion: To approve the $33.
12bill from Community Newspapers for advertisement of the public
hearing
(Penney-DeTrolio, all in favor) VOTED
Minutes of June 30
Motion: To approve
(Penney -Sankey, Tighe, Amoruso, Dunn, DeTrolio, Forbes in favor;
Dwyer abstain) VOTED
Motion: to approve the minutes of July 7
(Penney-Amoruso, Tighe, Dunn,DeTrolio, Dwyer, Sankey in favor;
Forbes abstain) VOTED
Next meeting August 18 — 7:30pm
Meeting adjourned 10:25pm
Respectfully submitted,
Clem Date -6
ti �1
CHARTER COMMISSION
On
MINUTES v QL'0 ^� rP -i 11: 04
JULY 71 1998 fr ;'10A
j�
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Peter DeTrolio, Tom Dwyer, Ralph Penney, Sandra Levine, Doreen Tighe
Meeting opened at 7:40pm
1. The Town Manager met with the Commission to discuss his meeting with the
Municipal Building Committee, Mr. Penney and Mr. DeTrolio, Mr. D'Agostino
felt that there is a value to the MBC and their contribution should not be
denigrated, however there does need to be some control over how they
conduct their activity. He stated that the Commission's current draft
language for the MBC is acceptable to him in that :it does not take the MBC
out of the loop and gives them an advisory role under the supervision of the
Town Manager.
2. The Commission met with Mark Morse to finalize the preliminary report.
Page 9 — Add a statement that department heads shall appoint employees within
their department in accordance with Section 6-4.
Page 8 Section 4-4(a) — remove "officers, subordinates, and employees".
Section 4-4(b) change "director of parks" to "Recreation Director".
Page 22 Section 7-8 add a statement on the formation of the Capital
Improvements Committee, how they are appointed and who they are.
Page 28, first paragraph - take out the word "elected".
Page 17 Section 5-18 MBC - add "The school committee shall appoint up to four
temporary members for school projects. The board of selectmen shall appoint
up to four temporary members for municipal projects. Such temporary members
may include elected or appointed town officials. No town employee shall serve
as a voting member."
Mark Morse will E-mail the final preliminary report to the Sun Chronicle for the
printing of 3,000 copies. The cost of printing will be $900. The report will
appear in the July 17 Sun.
3. Correspondence
Memo from Town Manager dated July 1 to Mr. DeTrolio and Mr. Penney
requesting they meet with him regarding the MBC.
Memo from Town Manager dated July 7 regarding correction to David Young
memo of June 29
Payroll for the month of June $263.90
Motion: Approve
(Levine -Sankey, all in favor) VOTED
Minutes of June
Motion: Approve
(Amoruso-Dwyer, all in favor) VOTED
Minutes of June 9
Motion: Approve
(Amoruso-Dwyer, DeTrolio, Sankey, Levine, Tighe, Dunn in favor:
Penney abstain) VOTED
Minutes of June 16 no quorum
4. Date set for the public hearing on the preliminary report will be August 11,
7:30pm. Location will be Room 3B/C.
5. Steve McCaffrie met with the Commission to reiterate his support for a
permanent Municipal Building Committee.
6. Motion: Adjourn
(Penney -Dwyer, all in favor) VOTED
Respectfully submitted,
Clerk Date I l l g f
CHARTER COMMISSION
MINUTES
August 31, 1998 i
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Clerk Todd Sankey,
Peter DeTrolio, Ralph Penney, Tom Dwyer, Doreen Tighe, Sandra Levine
1. Workshop
Discussion of having a strategy meeting to put together a;presentation for local
civic organizations to "sell" the Charter.
Discussion of presenting the Charter to the voters as a whole or as a menu on:
the March ballot.
Motion: That we present the final report as one ballot question.
(DeTrolio-Penney, Dwyer, Amoruso, Sankey, in favor; Tighe, Levine
opposed) VOTED
Chairman Dunn reported on his meeting with two members of the Board of
Assessors and their Office Manager.
Motion: That we add a sentence to Section 5-6 second paragraph that assigns
the duties, the daily administration and management of the office of assessors,
"shall be under the direct; supervision of a director of assessing appointed by a
Chief Financial Officer. The director of assessing shall make fair cash value of all
estates real and personalin accordance with the laws of the Commonwealth."
(Penney -Levine,; all in favor) VOTED
Transition Section 10-5
Motion: to add a section 10(e) "Any elected town officials who are presently also
employees of the town shall complete their' elected term before the provisions of
Section 9.6 become effective."
(Dwyer -Tighe, all in favor) VOTED'
Mrs. Tighe left the meeting at this point.
2. Correspondence
Memo from the Town Manager
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CHARTER COMMISSION
MINUTES
SEPTEMBER 16' 1998
Present: Chairman John Dunn, Clerk Todd Sankey, Sarah Forbes, Tom Dwyer,
Ralph Penney
Meeting opened` 7:45pm;
1. Consultant Mark Morse met with the Commission to review minor spelling and
grammar changes to the Final Report which will be presented to the Board of
Selectmen this evening.
2. There was limited discussion of how the Final Report will be presented to the
public. It was suggested that presentations be made to the local civic
organizations; possibly request the board of selectmen to allow the
Commission to makes presentation at Town Meeting; request that Mark
Morse prepare an organization chart, flow chart and diagram of the budget
process.
3. Discussion of letter prepared by Chairman Dunn to the Town Manager
regarding a' budget transfer for the printing of the Charter. The original
budget request was $18,000 and the approved budget was $10,000. Mr.
Dunn will request an additional $6,000.
Motion: That we approve the Chairman's letter to the Town Manager
requesting the transfer and emphasize the fact that it is the Board of
Selectmen's responsibility to print and deliver the final report, but that the
Charter Commission is willing; to take on that responsibility.
(Dwyer -Forbes, all in favor) VOTED
4. Ms. Forbes presented quotes for printing of the Final Report:
Wagner Communications: $5,000
Pleasant Printing: $7,900'
Mansfield Press; $8,400
PIP: $24,000'
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Charter Commission
Minutes
November 10, 1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Peter DeTrolio, Tom Dwyer, Sarah
Forbes
Meeting opened 7:40pm
1. Payroll for period ending 10/31 $277.56
Motion: Approve
(Amoruso-Forbes, alliin favor) VOTED
Bili from MMA Consultants $584.65
Motion: Approve
(Amoruso-DeTrolio, all in favor) VOTED
Minutes of September 16
Motion: Approve
(Dwyer -Forbes, Dunn in favor; DeTrolio, Amoruso abstain) VOTED
Minutes of October 13
Motion: Approve
(Dwyer-Amoruso, DeTrolio, Dunn in favor; Forbes abstain) VOTED
2. Workshop
Chairman Dunn advised the Commission that there will be a joint meeting with the Board of
Selectmen on December 9 at 8:30pm fora charter revision presentation. The format of the
presentation will generally follow the summary prepared for Town Meeting. Mr. Amoruso
suggested that one person lead the discussion then other members would contribute when
required. When presenting the proposed financial department and chief financial officer it should
be emphasized that the Town of Mansfield is a large corporation and should be run as such.
There was discussion of which civic organizations t D try to meet with. The members present will
contact the following groups by December 7 to set a date between January 1 and March 15:
Ms. Forbes - DAR, Council on Aging, Friends of the Library
Mr. DeTrolio — Elks and Emblem Club, Tri -Town Chamber of Commerce
Mr. Amoruso - PAC's, Boosters Club
Mr. Dwyer — Social Club, Women of Today, Historical Society, Rotary, Democratic Town
Committee
Mr. Dunn — Lions Club, Garden Club, Republican Town Committee
3. Motion: To adjourn
(Dwyer -Forbes, all in favor) VOTED 8:50pm
Respectfully submitted,
Clerk Date I — rL-q l
CHARTER COMMISSION
MINUTES
OCTOBER 13, '1998
Present: Chairman John Dunn, Vice Chairman Lou Amoruso, Peter DeTrolio,
Tom Dwyer, Doreen Tighe
1. Minutes from August 31
Motion: Approve
(Amoruso-Dwyer, all in favor) VOTED
Minutes of September 16 to be held for more members.
Letter from Chairman Dunn to Robert Saquet enclosing a copy of a 1973
"Guide to Town Meeting"
Memo to Town Manager from Chairman regarding Special Town Meeting
budget transfer request. In the memo Chairman Dunn requested an
additional $6,000 for printing the final report.
Memo from Town Manager to Department Heads regarding staff meeting on
Monday, October 19 at 8:30am. Mr. Dunn will make a presentation to
Department Heads at that time.
2. General discussion involved the form, presentations will take when meeting
with organizations. It was generally agreed that there should be a standard
handout, which will include an organization chart. A list of civic organizations
will be prepared. A handout will be prepared for distribution at Town
Meeting. 'Mr. Dwyer offered to prepare a statement on the budget and
financial department.
3. Motion: Adjourn
(Dwyer-Amoruso, all in favor) VOTED 8:55pm
Respectfully submitted,
Clerk � CtIaLC 3& S Date 11110195
CHARTER COMMISSION
January 12, 1999
MINUTES
Present: Chairman John Dunn, Clerk Todd Sankey, Sarah Forbes, Ralph Penney,
Sandra Levine, Peter DeTrolio, Doreen Tighe
Meeting opened 7:35pm
1. Motion: To approve the minutes of November 10, 1998
(Forbes-DeTrolio, Dwyer, Dunn in favor; Tighe, Levine, Penney,
Sankey abstain) VOTED
2. Correspondence:
Letter dated December 30, 1998 from Louis P. Amoruso tendering his
resignation from the Commission
Motion: To accept Mr. Amoruso's resignation with regret
(Levine -Forbes, Sankey, Penney, DeTrolio, Dwyer, Dunn in favor;
Tighe abstain) VOTED
Letter dated December 30, 1998 from H. Thomas French, Jr., Chairman of
the Planning Board regarding proposed Charter changes
Letter dated January 11, 1999 regarding the warrant for the annual town ,
meeting
Letter dated December 30,1998 from William Madan, Chairman of the Board
of Selectmen regarding joint meeting on January 27
Letter dated November 23, 1998 from Town Manager regarding Annual
Report
Memo dated November 18, 1999 from Town Accountant regarding Vendor
tax identification number
3. Workshop
Discussion regarding printing of the Final Report. Of the three bids received
Wagner Communications was the lowest. There was a question of the quality
of their work. It was decided to have Mr. Dunn and Mrs. Tighe look at
Wagner's work and determine if it is acceptable.
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