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Mashpee Charter Commission

Mashpee Charter Commission
Minutes of Meeting Held Thursday, November 14, 2002
Mashpee Town Hall Meeting Room 1

Present: E. Larkin, R. Halpern, R. Maney, J. Blumengarten, C. Bowmar-Perry, D. Arden, C. Gasior, and J. Bacigalupi (arrived at 7:40 p.m.).

Invited participants: Jeremy Carter, Town Moderator; and Attorney Mike Curran, Consultant.

Ed Larkin, Chairman, called the meeting to order at 7:17 p.m.

Public Comment… Bill Kelley extended congratulations to Ed Larkin on being elected Chairman.

Ed thanked Commission members for electing him and also expressed thanks to Dr. Petti for her tremendous efforts and vision for our Town and its future. He again stipulated the reason for the importance of adopting a Charter and defined “What is a Charter”. (Copy of the statement read is attached to printed set of Minutes.) Ed stated he is having a copy of the statement sent to newspapers. Finally, Ed commented that any committee he has chaired he believes firmly that reasonable people can disagree without being disagreeable.

Jerry read a statement he prepared defining the need for a Charter. Copy of this statement was given to Ed and he’ll also send a copy of this to the press.

Cathy informed the group that she contacted State Senator and got statistics on passage of special acts, which is a long, arduous process. She is trying to gather exact numbers, which will prove to be informative.

Consensus: Commission needs to hammer home in simple language the importance of home rule.

Ed read proposed letter that is going to Dr. Petti. All commissioners approved and signed the letter (copy attached to printed set of Minutes).

Approval of Minutes

Ruth Maney motioned to accept the minutes of November 7, 2002 as presented; this motion was seconded by Chuck Gasior and was unanimously approved by all Commissioners present.

Town Moderator, Jeremy Carter

• Would not like to see Representative Town Meeting. Feels Open Town Meeting fairest form—let people vote.
• Doesn’t think a lot of people understand rules of Town Meeting. Perhaps rules could be spelled out in Charter?
• Ed noted that right now rule says town residents may speak, but what about provision that town residents, registered voters, and/or taxpayer be allowed to speak? Jeremy…responded he couldn’t agree more. He agrees taxpayers should be able to speak.
• Dean stated that a huge majority of charters appoint Finance Committee. Jeremy…Would you get better qualifications? You might but it depends on who is choosing. Therefore he thinks cleanest way is the election process.
• Town Meeting quorum is zero; 100 is needed for Special Meeting. Jeremy likes it. He thinks it has worked out well. He said we normally get 250-300 attending.
• Deputy Moderator…Jeremy said my statute Clerk takes over in emergency. If he had authority to appoint Deputy Moderator, it would suit him. He’d focus in on 2 or 3 people and be sure they’d be available if needed.
• Term is 3 years and he’s comfortable with this.
• Moderator elected by State Law.
• Chuck asked if we’d have more financial info in October to do budget process then. Following discussion of May or October, consensus was that better to have budget in May as is done now.
• Ruth asked: How do you get more people out for Town Meeting? Jeremy…Publicize more. For example, instead of placing signs at Rotary a day ahead, perhaps have them a week before.
• Selectmen place articles on warrant. Unfair because a very important article could be No. 49; or if No. 3, then people leave. Lottery might be fairest way to handle.
• Cathy asked: What about Saturday elections? Jeremy…Saturday gives people ample time to vote. It was geared to get more people out. He favors it.
• Ed asked: What about no elected official can serve on another elected or appointed office except Ex-Officio? Jeremy…If conflict of interest, definitely not. But if no conflict then should be okay to serve. • Juan…Some towns use Robert’s Rules of Order. Jeremy…Prefers Town Meeting Rules; he thinks Robert’s Rules too formal.
During his discussion, Jeremy indicated that he’d like to see Charter Commission meetings on cable. Jeremy exited the meeting.

Mike Curran

• Association of Town Finance Committees used to have a bulletin. We can easily find out from them number of elected versus appointed.
• Mike’s recollection is that majority of appointed are appointed by Moderator. Harder now to get candidates to serve on Finance Committee. • Budget year is restricted in Massachusetts. Set by statute. Now July 1 is fiscal year.
• Reasons for 2 annual meetings is to balance the load. Can’t do all town’s business in one meeting. Many Charters have put in language that both town meetings would have all the powers of an Annual Town Meeting. Juan said we have a Special Act that our 2 meetings in Mashpee are both “Annual”.

Schedule for Future Meetings

11/21 – 7:15 p.m. – Charter Meeting with Curran.

7:30 p.m. - School Committee; and Planning Board (8:15 p.m.) to join Charter Meeting.

12/5 – 7:15 p.m. – Charter Meeting with Curran. (Tentative as noted below)

7:30 p.m. – Board of Appeals; Police Chief; and Fire Chief to join Charter Meeting.

(Tentative…Chuck will advise as he gets responses from invited groups.)

12/19 – 7:15 p.m. – Charter Meeting start time.

7:30 p.m. – Board of Health, DPW, and Town Planner to join Charter Meeting.

Authority of Charter Commission

Mike Curran advised that Charter Commission is unique in terms of local government. Your office is mentioned in State Constitution. You’re really filling a constitutional office.

Chuck said the Moderator and FinCom both said they thought better to have FinCom elected. What does the Commission feel? Ed asked the 3 citizens in the audience if they had any idea one way or the other…should Finance Committee be elected or appointed?

Bill Kelley…Responded from the audience saying his personal opinion is if appointed have moderator, someone from Finance Committee, and somebody else make the appointment, not Selectmen. He added that he found this meeting enlightening and very enjoyable…all have good ideas.

New Business

Ed said he feels it important to make an appointment to fill vacancy on the Charter Commission. He asked everyone to have ideas and nominees for next meeting. Juan advised that he spoke with Gus Frederick of Leisure Services. Feedback:

• Parks & Recreation would be more appropriate name, rather than Leisure Services.
• Ball parks right now under DPW. Consider consolidating.
• Currently Gus is appointed and feels that is appropriate.

Chuck distributed copy of printout of expenses paid out of budget.

Juan said a member of a small committee appointed by the Selectmen who investigate complaints brought against Selectmen suggested that this committee should not be appointed by Selectmen

Public Comment… Bill Kelley asked: Is Carter a member of Finance Committee? Response: No, he is the Town Moderator.

ADJOURNMENT

Ruth motioned to adjourn the meeting; Richard seconded the motion; and it was unanimously approved. The meeting adjourned at 8:50 p.m.

Respectfully submitted,

Jean Giliberti

Recording Secretary