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Mashpee Charter Commission

Mashpee Charter Commission
Minutes of Meeting Held Thursday, September 12, 2002
Mashpee Town Hall Meeting Room 1

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

Absent: C. Bowmar-Perry.

Invited Guest: Dr. Petti, Chairperson, called the meeting to order at 7:05 p.m.

Public Comment… None.

Approval of Minutes

Ruth Maney motioned to accept the minutes of August 28, 2002 as presented; this was seconded by Chuck Gasior; and unanimously carried.

Dr. Petti asked whether or not the previously approved minutes of August 15 could be altered to perhaps clarify statement by Deborah Dami regarding Water District. At the August 15 meeting Deborah Dami was challenging that Town could take over any private entity. But, according to Dr. Petti, some individuals did not perceive the accurate interpretation of Ms. Dami’s question. Following discussion by the Commission members, it was the consensus that the August 15 minutes did state the statement accurately and that unfortunately whoever read the minutes misinterpreted them and the minutes will stand as approved. Dr. Petti asked the Clerk, Chuck Gasior, to write a letter to the Water District Attorney explaining the circumstances and to copy Deborah Dami on the letter as well.

Discussions with Attorney Michael Curran

Dr. Petti…Regarding Level of Services, how much input may we have? Couple of Commission Members have worked up a work product on their own…would he review?

Curran… Absolutely not! He said he’s not taking someone else’s work as his own. An additional comment he made is that in all probability people who are writing charters are taking basically his work product that he wrote for other municipalities but they don’t know reasoning for certain provisions. He said the way he prefers to work is find out what it is you want to do, then he can tailor what you want done in Mashpee.

Elizabeth…At what point do we have input from you?

Curran… -Finds it’s useful for him to sit at discussions and he can correlate what members want in.

Ed…What we’ve done is we’ve put cart before the horse. Thinks it’s about time that we meet with the groups; we’re wasting time going over nit-picking points and going over other charters.

Ruth…Agrees.

Elizabeth…Asking up front what responsibilities of attorney and Charter Commission are.

Ed…Feels Mr. Curran flexible enough to work with us. On the Warrant for Town Meeting is the $10,000 Article. One contingency would be to ask Mr. Curran to draft some language for Town Meeting Warrant.

Dean…FinCom recommendation reduces $10,000 to $5,000 but believes Selectmen will support $10,000. We should have budget that’s convincing and shows why we should have $10,000.

Curran… Problem with Charter not being funded up front is that everything you talk about can begin to create enemies and problems for you and then you can’t get funding support. Don’t make decisions now. Try to explore areas that present problems. Look at how government organized and managed in other communities in Massachusetts and elsewhere.

Petti…Distributed copy of budget draft she worked up on her own for discussion later.

Curran… Will send information to Ed showing budgets of other communities in other towns, as well as notes and some thoughts Ed can use on the subject at Town Meeting.

Chuck…On assumption $10,000 approved at October Town Meeting could we enter into agreement with you for basic level of service?

Curran…Initial contract would be for sum you then have available. We can design program to take you to May. Another alternative: Possible to raise money privately in community. For example, Gloucester refused to recommend appropriation so supporters raised money from the community. In another town, chamber of commerce and business community raised the money.

Chuck…Asked 2 questions: (l) Under Massachusetts Public Contracts Law do we have to get more than one proposal? Curran…No. (2) Charter Commission can enter into agreement? Curran…Yes.

Curran…Summarized briefly for Juan the gist of discussions held prior to Juan’s arrival, including:

Juan…You are assuming we don’t know Town government, but we do. His view is Mr. Curran review what we come up with.

Curran…He would never work under those circumstances; he won’t put his name on what someone else has drafted. He gave run-down on his credentials and said he is “cocky” enough to say he knows more about charters than anyone here.

Chuck…Agrees with Mr. Curran’s approach and analysis and feels we’ve been spinning wheels. We need consultant to give legitimacy and to give guidance.

Ruth…Feels we’d be foolish not to use this gentleman’s expertise.

Elizabeth…Agrees with Chuck and Ruth. We do need expertise.

Ed…Concurs. Trying to get a sense of direction: At last meeting our agreed-upon format was to meet with groups and send them ahead of time the Mission Statement and post questions regarding their size, etc. and ask for their input. Is this the way to go?

Curran…Yes. Essential you meet with all elected/appointed officials in Town. Questions you have are excellent--you ask them what they do; how they do it; and what suggestions they might have for improving or changing the structure of their office; and what questions or comments they might have about Town government in general. You’ll learn a lot through this process. He doesn’t have to sit in on these sessions.

Chuck…Based on Mr. Curran’s statement, Chuck said he’ll re-write meeting invitation letters to Board of Assessors et al.

Juan…Wants to figure out the process Mr. Curran is proposing. You propose we sit down with Boards so they can teach us about them; then what?

Curran…

Juan…You don’t understand me. After we’ve done all that, how do we inform you?

Curran…Comes out in discussions. I’ll be here talking about these things with you. I’ll get very good sense of what you want to do and I’ll draft document for Commissions review and discussion.

Dean…We’ve been working trying to get people in to talk to them. Possible to do that and at same time work on Town Government?

Curran…Yes. Suggest you “bundle” some groups together. May want more than 2 or 3 a night.

Ruth…Should individuals go and talk to these people?

Curran…Not good idea. Better if group hears from individuals. Everybody learning then.

Petti…Invite public to mini-Town Meeting?

Curran…Good idea. Also good to have meetings taped on cable. Important for public to know you’re working hard. Hopefully they’ll then give you the vote.

Ed stated he’s making a motion, which will be contingent upon the following appropriations: Hire Mr. Curran for $10,000. This first amount will be contingent upon monies appropriated at October Town Meeting. In addition, hire Mr. Curran additionally at a minimum of $5,000, contingency of our May Town Meeting. If agreeable to him, Mr. Curran to come up with schedule of commitment to us based on these figures. Ruth seconded this motion.

Discussion: Juan…Mr. Curran, if in May Town Meeting we request funds and funds not available until July 1st, would it be possible for you to work with us? Curran…Yes, he would do this.

VOTE: All voted “Yes”, except Juan, who abstained.

Mr. Curran exited the meeting and the Commission continued with their regular meeting.

Jerry stated that to gain credibility, he felt it’s important that we should do publicity on hiring of Mr. Curran, using his background information in the announcement. All agreed to this.

Old Business

FY03 FY04

Attorney $10,000 $5,000

Board Secretary 2,000 500

Printing Charter in Newspaper 0 6,000

Copy 50 50

Mailings 2,500 2,500

Miscellaneous 450 100

Totals $15,000 $14,150

Juan motioned that we approve budget as he proposed for $15,000 for FY03 and $14,150 for FY04. Richard seconded this motion; and it was unanimously carried.

Juan motioned that we send announcement and informational matters by e-mail. Richard seconded this motion.

Discussion: Dr. Petti…Doesn’t like things being done by e-mail and feels discussion better, but majority rules.

Juan...Discussion and decisions are done at meetings in person. E-mail is more convenient and there’s no cost to send the message.

Chuck…If requesting item to go on agenda don’t send to him.

Elizabeth…Items for agenda should go through Chairperson as they do for all Committees.

Jerry…If you want an item to go on agenda, then go through Chairperson. If you want item to be discussed, then it should be brought up in the New Business part of the meeting.

VOTE: All voted in favor except Ed, who voted “No”; and Dr. Petti, who abstained.

Schedule of Future Meetings—All at 7 p.m. in Town Hall

September 25, 2002 (Board of Assessors; Assessor; Town Clerk; Treasurer/Tax Collector; and Accountant).

October 9, 2002 (Planning Board and Board of Health).

Chuck to contact invitees to attend specified meeting.

ADJOURNMENT

Juan Bacigalupi motioned the meeting be adjourned; Ruth Maney seconded the motion; and it was unanimously approved. The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Jean Giliberti
Recording Secretary