CHARTER REVIEW COMMITTEE
Minutes - December 22 2009
Members present: Scott Kerry, chair; Nan Balmer, Judy Cannon, John Knight, Stephen Wasby
The meeting, at Eastham Town Hall, began at 5:08PM and ended at 6:48PM.
The Minutes of the December 9 2009 meeting were approved as distributed, 5-0.
The transition from elected to appointed Town Treasurer/Collector was discussed. The following language to be attached to C38-E was moved and seconded, and approved, 5-0:
“This change shall be effective at the end of the officer’s term that ends at least one year after the state legislature has approved this change.”
Stephen Wasby suggested a change to C3-4 which he felt would make clearer the Board of Selectmen’s authority to create committees. The other members of the Committee felt that the language of C9-5 adequately covered the situation. Wasby withdrew his motion.
The Committee resumed its consideration of C9-5.
(1) C9-5A. It was moved, second, and approved, 5-0, to substitute the following for the existing C9-5A:
A. Search Committee. A Search Committee of seven (7) members shall be appointed for three-year overlapping terms. Three (3) members shall be appointed by the Board of Selectmen, two (2) members shall be appointed by the Moderator, and two (2) members shall be appointed by the Finance Committee. The committee shall advise the Board of Selectmen and the Moderator concerning the names and qualifications of residents of the Town available to serve on multi-member bodies. The Search Committee may establish procedures for soliciting candidates for consideration and may consult with Town committee members or chairs to assist in determining preferred skills for the individuals to be considered. The Search Committee shall periodically review all Town committee
charges.
(2) C9-5B. It was moved, seconded, and approved, 5-0, to retain as is.
(3) C9-5C. It was moved, seconded, and approved, 5-0, to retain as is.
(4) C9-5D. It was moved, seconded, and approved, 5-0, to retain as is.
(5) C9-5E. It was moved, seconded, and approved, 5-0, to substitute for the previous last sentence the following: “No compensated Town employee may be a member of the Finance Committee.”
(6) C9-5F. It was moved, seconded, and approved, 5-0, to retain as is.
(7) C9-5G. It was moved, seconded, and approved, 5-0, to retain as is.
Charter Review Committee - Minutes - December 22 2009 - page 2
(8) C9-5H. It was moved, seconded, and approved, 5-0, to adopt the provision as amended on May 1, 2000, so that the provision reads:
“A Long-Range Planning Advisory Committee of five members shall be appointed by the Board of Selectmen for three-year overlapping terms. Any plan for implementing, revising, or adding to the Local Comprehensive Plan as certified by the Cape Cod Commission, or for any any bylaw affecting any matter within the scope of the Local Comprehensive Plan, shall be reviewed by said Board, which shall provide its written recommendation thereon to the Board of Selectmen.”
(9) C9-5I. It was moved, seconded, and approved, 5-0, to retain as is.
(10) C9-5J. It was moved, seconded, and approved, 5-0, to insert “and two alternates” after “seven members.”
(11) C9-5K. It was moved, seconded, and approved, 5-0, to retain as is.
(12) C9-5L. There was some discussion of whether to retain this provision, as the Board of Selectmen had altered the committee structure and combined two committees. It was moved,
seconded, and approved, 5-0, to substitute the following:
“A Water Management Committee of nine members shall be appointed by the Board of Selectmen for three-year overlapping terms.”
(13) C9-5M. It was moved, seconded, and approved, 5-0, to retain as is.
(14) C9-5N. It was moved, seconded, and approved, 5-0, to retain as is.
Chairman Kerry was congratulatory about our having completed our review of the Charter.
The committee then revisited Section C4-4. Judy Cannon wanted to take out the Board of Selectmen’s role in selection of the Town Treasurer/Collector; Scott Kerry and Stephen Wasby disagreed. Cannon also thought the new C4-4A was too cumbersome.
John Knight saw some redundancy in the provision (old C4-4D) providing for Board of Selectmen veto of appointments and the new provision for appointment of the Town Treasurer/Collector. Stephen Wasby proposed technical language to resolve the problem.
It was moved, seconded, and approved, 5-0, to insert at the beginning of (old) the following:
“Except as specified in [new] A,”
Chairman Kerry requested the Clerk to provide a full new text for Section C4-4.
Charter Review Committee - Minutes - December 22 2009 - page 3
John Knight reported on what the present FinCom would want in the composition of the Building Committee. He was told about Town Counsel’s views. He had asked the Town Administrator to see those views in writing, but he had not received that document.
After discussion of whether to proceed to adopt the proposal for a Building Committee or to wait for Town Counsel, it was decided to proceed. Nan Balmer suggested renaming the new committee as the Capital Projects Committee, to clarify its scope. Stephen Wasby suggested some editorial suggestions to Judy Cannon’s proposal.
It was moved, seconded, and approved in principle, 5-0, subject to later review of language to create a new Section C9-5M (and re-letter present “N” to “O”):
N. Capital Projects Committee. Upon any successful votes at Town Meeting and Town election which bonds a major municipal project, there shall be activated a Capital Projects Committee to oversee the management of the project, including the expenditure of funds. The Capital Projects Committee shall consist of three (3) voting members and other non-voting members, as follows:
(1) A Selectman, to be appointed by the Board of Selectmen (voting member);
(2) A member of the Finance Committee, to be appointed by the Finance Committee
(voting member);
(3) The Town Administrator (voting member);
and (4) Other non-voting members as may be required by statute or specified by Town Meeting vote.
Should the project not be completed when either the Selectman or the member of the Finance Committee have completed their tenure of those bodied, then the respective body shall appoint a replacement.
The next meeting will be on Tuesday, January 5 2010.
Respectfully submitted,
Stephen L. Wasby, Clerk
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