Barnstable County Charter Review Committee

November 9, 2009

Committee members present: Fred Gaechter, Chair; Ed Larkin; Leo Cakounes; Mike Corgan; Greg Milne; Teresa Martin; and Sheila Lyons

Others present:  County Commissioner William Doherty; and Jennie Morey, Assistant to the Clerk of the Assembly of Delegates.

Chair Fred Gaechter opened the meeting at 4:15 p.m.

The first order of business was the approval of the agenda.  The Committee approved the agenda with all members voting in favor.  The next order of business was the approval of the minutes of their last meeting on October 28^th.  The Committee approved the minutes, as written, with all voting in favor.

Chair Gaechter began the meeting by asking the Committee how it would like to proceed with the review of the Charter.

Commissioner Lyons suggested that the Committee first clean up the language in the Charter and then go through the big issues in the Charter.  It may be better to tackle main issues and not to spend a lot of time on the small issues within the Charter.

Chair Gaechter suggested that Committee members could list the main issues and then the Committee could decide to go chapter by chapter to review those issues.

Mr. Corgan stated that instead of going through the Charter language issue by issue, maybe the Committee should appoint a subcommittee of style to go through the Charter.  The wording style in the Charter is atrocious.  The language is not consistent and the Charter is hard to read.  Style is important but more important is the organization of language and the structure.

Mr. Corgan said that he could head up a subcommittee on style, language, and structure of the Charter.

Commissioner Lyons said she would join the sub-committee with Mr. Corgan.

Commissioner Doherty suggested that the Committee could also reach out to other people that are not on the Committee.

Mr. Cakounes suggested that the Committee go through the Charter Article by Article.  There are procedural questions within the Charter such as the way the terms of the Assembly Delegates are voted on and why isn’t the vote staggered.  The way the voting is now you could feasibly change the Assembly as a whole in one years election.

Chair Gaechter started on the next item on the agenda, the review of Section 1, Preamble, and Article 1 of the Charter.

Chair Gaechter asked what the paragraph before the Preamble is and what is its intent.  It seems to be out of date.

Mr. Larkin stated that the language is similar to most Charters you find in cities.

Ms. Martin said it is inappropriate wording in the Charter.

The first paragraph of Section 1 should be given to the subcommittee for review and changes.

Commissioner Lyons stated that the preamble states that a group of people have a role to address existing boundaries, what is the responsibility of County government, and how do we go forward to address regional issues.  The County is faced with huge infrastructure issues.  What is the County governments role to help towns do what they cannot do?

Commissioner Doherty stated that the County is supposed to represent a regional interest.

Ms. Martin stated that Section 1-4 explains the role of the County.

Commissioner Lyons stated that within government structure there should be certain powers.  The County has to be given the power to help different towns to come together.

Mr. Larkin said that people do not realize the extent of County services such as health care, dredging, the Fire Academy, etc.  Items that the County does to aid towns.  Give the County the authority to tell the towns what they should get is the better for all.  The towns are frightened to give the County that kind of power.

Commissioner Lyons stated that if it can be done and clearly stated before the document is exercised it may not have to be  done because the towns realize that they need to come together.

Mr. Cakounes has a problem with this.  The County already has the State and the Federal government to answer to.

Chair Gaechter stated that the Charter needs to find a common term for the Cape Cod Regional Government (CCRG) or governmental unit.  Sometimes in the Charter they call towns communities.

In Section 1-4, the second sentence is repetitive and needs to be reviewed.

Mr. Larkin said the Committee should talk to department heads and see how the Committee can improve their lot.  This is what the Charter is all about, organizing government.

The Committee questioned how many departments there are in the County.

Commissioner Doherty estimated about 10 department heads.

Chair Gaechter supported Mr. Larkin as to seeing department heads.  He asked if the Committee wants to be influenced by others or come out with their own issues first.

Commissioner Lyons stated that departments may have issues with procedures.

Mr. Larkin stated that the Committee could assign certain departments to each member of the Committee who could talk to them.  The level of granularity is not appropriate.  What level does this Charter look at?  How do we keep ourselves at the structural level?

Chair Gaechter stated that the Committee should put off department heads and look through the Charter first to keep minds clear.

Mr. Cakounes stated that in Section 1-5, paragraph two is against the law.  Why do we need it if it is illegal?  Do we need this paragraph in there?

Chair Gaechter stated that paragraph two in Section 1-5 is integrated with paragraph three and means you could not go outside to another government without them knowing it.

Chair Gaechter stated that in Section 1-6 (d) “eminent domain” is not defined.  The County should have some sort of policy as to what the eminent domain is and how to exercise it. The Committee needs to ask the Attorney.  Eminent domain should be outlined in the Charter but it is not listed anywhere else.

Chair Gaechter asked the Committee members to come the next meeting with a list of the main topics in the Charter they feel should be reviewed.

Mr. Corgan said there should be an absolute ban on the word “forthwith” in the Charter.

Ms. Martin said that the Charter is about roles not individual people.

Commissioner Lyons stated that for clarity the Assembly and Commissioners have all of these different powers except for when you’re dealing with an entity which is governed by a different act.  This should be stated in the with powers section of the Charter.

The Committee asked for a copy of the Administrative Code and the Annual Report to be given out at their next meeting.

The next meeting of the Charter Review Committee is schedule for Monday, November 23, 2009 at 4:00 p.m..

With no further business, the meeting adjourned at 5:05 p.m.

At the Committee meeting of November 23, 2009 these minutes were approved with all in favor.