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Charter Commission

Mashpee Charter Commission
Minutes of Public Hearing Held Wednesday, June 19, 2002
Mashpee Town Hall Meeting Room 1 & 2

Present: D. Arden, E. Petti, E. Larkin, C. Bowmar-Perry, C. Gasior, R. Halpern, R. Maney, J. Blumengarten, and J. Bacigalupi.

Audience: Included in the audience were: Janice Walford (Mashpee Enterprise); Bea Perkins (League of Women Voters); Selectmen John Cahalane and Wayne Taylor; Town Administrator Joyce Mason; Asst. Town Administrator Jim Marr; Town Clerk Deborah Dami.

Dr. Petti, Chairperson, called the meeting to order at 7 p.m. She welcomed everyone and said she was pleased they came. She gave background of what the Charter Commission has done thus far and explained that the purpose of this Public Hearing is to get feedback from the Community as to what they want to see in the Charter. Also, it would be most helpful if they would also tell “why” they like or dislike make-up of Town government so that if proposing changes, helpful to know “why”. Dr. Petti stressed that input from Public is critical She gave rundown of approach to be taken by the Commission.

QUESTIONS/COMMENTS POSED

Sheila Kraeuter posed the following:

Ed Larkin responded that a Charter puts into very easy to read and easy to understand language what is the current government and essentially how the Town operates. He stated further that later on after Charter is adopted changes can be made through Town Meeting. Yes, you still vote on school budget.

Continuing, Ed stated that if it was suggested that there should be change and go to another form of government, then the public would be fully informed about it and would approve or disapprove it when it goes to vote.

Juan Bacigalupi added that there are a couple of other reasons for us to have a Charter, such as:

Sheldon Gilbert Personally believes we should move to Town Representative because he feels attendance at Open Town Meetings not Democratic representation. Representative Town Meeting has people willing to come to meeting and willing to represent the people. He commends the way the Commission is going about this—it makes a lot of sense.

Ruth Maney noted that you can have Representative government with as little as 50. But difficult to find that many people.

Ed Larkin stated that perhaps time has not yet come for change. Areas in Charter can be drafted to state there are a number of areas of concern not addressed in the Charter but to be addressed in the future.

Juan Bacigalupi said there are 4 types of town government Mashpee eligible to consider:

  1. Mayor/Council
  2. Council/Manager
  3. Representative Town Meeting/Board of Selectmen/Town Administrator or Manager
  4. 1.
  5. Open Town Meeting/Board of Selectmen/Town Administrator or Manager

Juan mentioned that we’re researching all the town charters of towns our size.

Elizabeth Petti said we’ll do what’s best for the Town.

Dean Arden mentioned he heard some interesting comments about Representative Town Meeting. He heard Falmouth has trouble getting people in some of the precincts. According to Marilyn Contreas, there were some town governments who went from Open Town Meeting to Representative Town Meeting and back to Open meeting.

Chuck Gasior asked Joyce Mason for her comment from perspective of Town Employees is there any feeling as to pros and cons of either type? Joyce said “no” not yet.

Jerry Blumengarten stated that we’re going to try to give people an idea of different forms of government. For example, Mr. Whritenour, Town Administrator of Falmouth, is going to address our group next week.

Cathy Bowmar noted that Marilyn Contreas told us that of 83 Charters passed under this law, 66 have Open Town Meeting.

Lincoln Kraeuter If we have a Charter, will it show route one takes to petition government to make minor change?

Juan Bacigalupi responded that for administrative changes, the Town Administrator can make these if it doesn’t affect By-Laws.

Marcia King Is premise you’re not happy with current situation of our government? Why is this process happening?

Elizabeth Petti noted the Town has grown so fast that some of what we have is not applicable anymore.

Juan Bacigalupi commented that the biggest reason he’s in favor of a Charter is it gives us Home Rule Authority and for changes we don’t have to wait for State representatives to bring it up to Legislature. If we’re happy with Town government, that fine. It goes in the Charter.

Ed Larkin added that it’s difficult. He said they should have called Charter a “constitution”. He said he thinks the Town is run very well and he doesn’t see any change necessary in town government. He repeated that a Charter is easier for people to understand what their government is all about.

Lincoln Kraeuter Wrote a letter to Bob Whritenour when he was here as Town Administrator regarding proposed change to rotary. He never got a reply and the letter seems to have gotten waylaid.

John Cahalane Offered the comment that rotaries are under State, not under Town government. John said he would discuss further with Mr. Kraeuter.

Bonnie Barrett Asked what do you think not working in Town government?

Elizabeth Petti responded that she didn’t say that. Dr. Petti said she feels time here for clearer blueprint, a clearer constitution for our government for this century.

Ed Larkin mentioned that as our meetings progress and we have meetings with officials in Town and we receive their input we would hope that would encourage more participation by Town’s people. He said if people start knowing more about their government perhaps it will encourage participation.

Ruth Maney commented she knew nothing about municipal government…now she feels she knows more. So she hopes all here will get involved also and get your friends in here.

Dean Arden reminded everyone that Bob Whritenour will be here June 26. Dean said Bob can tell us about Representative government and Open Town Meeting.

Juan Bacigalupi said he couldn’t guarantee having a Charter will eliminate apathy of the electorate, but we can make an effort. This is the first time since original regulations that we’re going to the people and asking for their input. We’ll let the people decide. Juan continued by saying we’ll put all our knowledge and your desires together and hopefully come up with the best document to last for 20 years or so.

Jerry Blumengarten stated that all our meetings are open. He informed everyone that he puts all the minutes on our Web site. Jerry then thanked the Mashpee Enterprise for excellent coverage. He thanked Bea Perkins for the letter she wrote that was printed in the Mashpee Enterprise.

Deborah Dami Can you put all your meetings on cable?

Joyce Mason responded that in order to televise Commission would have to shift its meeting to Tuesday or Thursday.

Sheila Kraeuter In building a house 3 years ago, they found it terribly difficult to find rules of Conservation and the Appeal process. She asked the Commission: Are you giving voters information on how Conservation or Planning runs? She said it was like a circus to go through it.

Juan Bacigalupi responded that within the Charter we can state the structure and the powers of any committee in the Town. However, day-to-day rules and regulations will be set under the by-Laws. One-step permit process would be under administrative side of the Town.

Dean Arden added that we can recommend By-Laws, but that falls under Town Meeting.

Juan Bacigalupi said all you need are 10 signatures to recommend a By-Law.

Sheila Kraeuter Will approval for Charter be on May Meeting, or when?

Juan Bacigalupi responded that it will be May-2004 when Charter will go to vote.

Ed Larkin added that we have the option to speed-up the process so we could do sooner, but he doesn’t think it’s going to happen sooner than May-2004.

Lincoln Kraeuter Juan said process cumbersome when we go through State. He wanted to go on record that he concurs with that statement.

Juan Bacigalupi addressed the group saying that some of the questions we’d like to ask you are: • Any specific position that should be elected/appointed? • Do you favor strong or weak Town Administrator? • Elected Town Selectmen; city council; or mayor? • What do you want?

John Cahalane Addressed the group stating that as a Selectman you never make a move without thinking through since you don’t know who will be at Open Town Meeting. So you never make a move without considering the whole Town.

Ed Larkin said he agrees with John’s statement. You don’t know who is coming to Open Town Meeting. With town Representative you can lobby. Ed said we have to have faith in people in Town.

John Cahalane Special interest group can get someone elected who will support their side.

Elizabeth Petti mentioned that some people come to Town Meeting and only stay for Article of interest to them.

Marcia King That’s why lottery is good because they’d have to stay for other than their interest. However, Marcia said she thinks the mix is good; and you can’t force people to be involved. Marcia said she commends the Commission for their doing this.

Ed Larkin asked Deborah Dami for the By-Law requirement for Town Meeting quorum.

Deborah Dami Responded that Special Meeting needs 100 voters; Annual Town Meeting is Zero quorum. Sheldon Gilbert Stated no form of government stops lobbying. He said it is his belief there is always a strong swell for keeping things just as they are.

CONCLUSION

Dr. Petti addressed the group and said for a small number of people there was a lot of give and take. She again thanked everyone for coming.

Juan Bacigalupi reminded everyone that they can contact us individually or can also go through the Web site.

Marcia King said “Thumbs Up” for the Web site. Great job.

ADJOURNMENT

Since the Public Hearing ended, Ed Larkin moved to adjourn at 8:05 p.m. This motion was seconded by Ruth Maney; and unanimously carried.

Respectfully submitted,

Jean Giliberti
Recording Secretary