MERRIMACK CHARTER
COMMISSION
REGULAR MEETING
October 4, 2005
Commission members present: Chairman
Tom Mahon, Vice Chairman Heather Anderson, Secretary Fran L’Heureux, Peter
Batula, Robert Kelley, Finlay Rothhaus (arrived at 7:40 pm), Tim Tenhave, Lon
Woods, and David Yakuboff.
Chairman Mahon convened the
meeting of the Charter Commission at 7:03 pm in the Conference Room of the Town
Hall.
Announcements
Chairman Tom Mahon noted the
Charter Commission will be holding a Public Hearing on November 8, 2005. This hearing will review the work
completed to date. The Commission
looks forward to hearing from the public at this hearing.
Copies of the Londonderry
School District Charter, which deals only with the Official Ballot adoption of
the school budget, was distributed to the Commission.
Chairman Mahon noted HB581
with amendments as proposed by the Secretary of State deals with the calendar
and deadlines for charter approval.
The effective date of any charter would be 60 days after its passage by
the voters.
Public Comments
Andrew Sylvia, 28
Merrymeeting Drive, suggested that an Information Board be added to the appointed
boards under the new charter. He
also suggested the addition of a voter’s guide to help inform the voters of the
provisions of the proposed charter.
Reports
There were no reports at
this time.
Review Article II - Elections
A motion was made by Peter
Batula and seconded by Tim Tenhave to add the following language be added to Section
2.7:
If,
within 30 days from the date of the notice, such person shall not take,
subscribe to and file with the Town Clerk an oath of office, such neglect shall
be deemed a refusal to serve and the office shall be deemed vacant, unless the
Town Council shall extend the time in which such person may qualify.
The motion passed 8-0-0.
A motion was made by Heather
Anderson and seconded by David Yakuboff to move the Article II – Elections as
follows:
Article
II
Elections:
Election Officials: Conduct of Elections
2-1
Composition of Board of Election Officers
The
Supervisors of the Checklist, the Moderator, and the Town Clerk shall
constitute the Board of Election Officers. The Moderator shall be chairman. The Town Clerk shall serve as the Clerk of the Board.
2-2
Moderator
There
shall be a Moderator of the Town who shall have all the powers and duties
granted by this Charter and New Hampshire State Law. The Moderator shall be elected at large at the regular Town
election for a term of two (2) years.
The Moderator shall have the power to appoint all election officials
except those which this Charter or New Hampshire State law requires to be
elected or otherwise appointed.
The Moderator shall determine whether all ballots from all polling
places are to be counted in one (1) or more locations. Vacancies in the office of Moderator
shall be filled pursuant to New Hampshire State Law.
2-3
Supervisors of the Checklist
(a) Number of
Supervisors and Length of Term
There
shall be three (3) Supervisors of the Checklist who shall hold office for six
(6) years (and until their successors are elected and qualified) on a staggered
basis so that one (1) Supervisor is elected at each even year regular Town
election. At their first meeting
after each election, the Supervisors shall elect their own chairperson for a
term of two (2) years.
(b) Vacancies
Vacancies
in the board of Supervisors shall be filled by appointment made by the
remaining Supervisors. If there is
only one member of the board, or if the whole board shall be vacant, the
Moderator shall make the appointments (RSA 669:64). A person appointed shall hold office until the vacancy or
the unexpired term(s) is filled at the next Town election.
(c) Powers and Duties
The
Supervisors of the Checklist shall have such powers and duties as are specified
under New Hampshire State Law.
2-4
Conduct of Elections
(a) Date of Elections
The
election officers, whose duty it is to conduct regular and special elections,
shall use a Non-Partisan Official Ballot System as detailed in the election
laws of the State of New Hampshire, on the seconded Tuesday in April to choose
Town Councilors and such other officials as specified by this Charter, each of
who shall be elected by the voters of the entire town.
(b) Time and Place of Election
The
election laws of the State of New Hampshire shall govern the hours of polling,
the Town Council shall specify the polling place(s) of the Town and determine
the hours the polls shall open and close at least thirty (30) days prior to any
election.
(c) Qualification for Office
To
be eligible for election to office in Merrimack, any candidate must meet the
requirements of applicable New Hampshire State Law and constitutional
provisions concerning such qualifications. In accordance with RSA 669:6, no person shall hold elected
office unless the person has a domicile in the town. In addition to other requirements, a candidate for Town
Council must be a registered voter as well as having been a resident for a
minimum of one year prior to the first day of the filing period for candidacy.
2-5
Preparation of Ballots
The
Town Clerk shall prepare separate ballots to be used at all local referenda and
at elections at which Town officers are chose. The ballots shall contain in
appropriate sections the names of all candidates, listed in alphabetical order,
without party designation. Below
the list of names of the candidates of each office, there shall be as many
blank spaces as there are offices to be filled at the election. No titles, military, professional, or
otherwise, shall accompany the name of any candidate on the ballot.
2-6
Preservation of Ballots
All
the ballots cast at each election shall be preserved, maintained, and sealed as
required by New Hampshire State Law.
2-7
Certification of
Election and Appointment
Except
as otherwise provided by New Hampshire State Law, before performing any act
under this election or appointment, each person elected or appointed shall take
and subscribe to an oath to qualify him or her to enter upon the duties of
office within thirty (30) days. If,
within 30 days from the date of the notice, such person shall not take,
subscribe to and file with the Town Clerk an oath of office, such neglect shall
be deemed a refusal to serve and the office shall be deemed vacant, unless the
Town Council shall extend the time in which such person may qualify.
A
record of the taking of such oath shall be made by the Town Clerk. Any oath required by this section may
be administered by any officer authorized by NH State Law to administer oaths.
2-8
Contested Elections
The
election laws of the State of New Hampshire shall govern the resolution of any
contested election.
The motion passed 8-0-0.
Review Article IV – Ordinances
A motion was made by Lon
Woods and seconded by Robert Kelley to move Article IV – Ordinances as follows:
Article
IV
Ordinances
4-1
Introduction
An
ordinance may be introduced by any Town Councilor at any regular or special
meeting of the Town Council. Upon
introduction of any ordinance, the Town Clerk shall distribute a copy to each
Town Councilor and to the Town Manager, shall file a reasonable number of copies
in the office of the Town Clerk, and shall post a copy in at least two other
public venues as the Town Council may designate.
4-2
Form
(1)
Every proposed ordinance of the Town Council shall be introduced in writing and
in the form required for final adoption.
(2)
No ordinance shall contain more than one (1) subject.
(3)
Each ordinance shall be identified by a number and a title.
(4)
The enacting clause shall be “The Town of Merrimack ordains…”
(5)
Any ordinance which repeals or amends an existing ordinance shall set out in
full the ordinance, sections, or subsections to be repealed or amended, and
shall indicate matter to be omitted by enclosing it in brackets or by strikeout
type, and shall indicate new matter by underscoring or by italics.
4-3
Public Notice
(1)
After passage of the ordinances first reading, it shall be published at least
once together with a notice of the time and place when and where it will be
given a public hearing and be considered for final passage.
(2)
The first such publication shall precede the date or said hearing by at least
seven (7) calendar days.
(3)
Publication for purpose of this Section shall mean the publication of a notice
in any paper distributed in the Town of Merrimack as well as the posting of the
notice in at least two other public venues as the Town Council may designate,
stating the number and title of the ordinance and either the text of the
ordinance in full or if the full text is not published, then a brief
explanation of the purpose of the ordinance and information as to where and
when any interested person may obtain a copy of the complete ordinance.
(4)
Final action on said ordinance shall not be taken by the Town Council until at
least 7 calendar days after the public hearing on it.
4-4
Adoption
No
ordinance shall be passed finally on the date on which it is introduced, except
in cases of emergency involving the health or safety of the people or their
property. Every adopted ordinance,
except as otherwise provided by this Charter, shall be become effective upon
passage or at any later date specified therein.
No
ordinance shall be amended or repealed except by another ordinance adopted in
accordance with this Charter, or as provided in the initiative and referendum
procedures of this Charter.
4-5
Emergency Ordinances
(a)
Legal Subject Matter
Notwithstanding
other provisions of this Charter to meet a public emergency affecting life,
health, property, or the public peace, the Council may adopt one or more
emergency ordinances, but such ordinances may not levy taxes, grant, renew or
extend a franchise, regulate the rate charged by a public utility for its
services, or authorize the borrowing of many, expect as provided in [Section
RE: Emergency Appropriations/Expenditures] of this Charter.
(b)
Introduction
An
emergency ordinance shall be introduced in the form and manner prescribed for
ordinances generally, except that it shall be plainly designated as an
emergency ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms.
(c)
Adoption
An
emergency ordinance may be adopted with or without amendment or rejected at the
meeting at which it is introduced by an affirmative vote of five (5) Councilors
shall be required for adoption.
After its adoption, the ordinance shall be published and printed as
prescribed for other adopted ordinances.
(d)
Enactment
An
emergency ordinance shall become effective upon adoption. Every emergency ordinance, except one
made pursuant to [Section RE: Emergency Appropriations/Expenditures] of this
Charter, shall automatically stand repealed as of the sixty-first (61) day
following the date on which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this Section if the
emergency still exits.
(e)
Repeal of Emergency Ordinances
An
emergency ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency
ordinances.
4-6
Recording
(a)
Recording
All
ordinances, including any amendments thereto, shall be recorded in full,
uniformly, and permanently, by the Town Clerk. Each ordinance so recorded shall be authenticated by
affixing the signatures of the Town Council Chair and the Town Clerk, and the
Town Seal, and kept on file in the office of the Town Clerk.
(b)
Indexing, Printing, Publication and Maintenance
The
Town Clerk shall be responsible for the systematic indexing, printing,
publication and maintenance of the ordinances of the Town. Copies of all ordinances shall be
available to the public, and the Town Clerk may charge a fee to defray the
printing costs.
(c)
Revision or Codification
The
Town Council, not later than 18 months after taking office under this Charter,
and at least every fifth year thereafter, shall have prepared a revision or
codification of the ordinances of the Town which are appropriate for
continuation as local laws of the Town.
The motion passed 8-0-0.
Complete Preliminary Review of Article V –
Administrative & Judicial Boards
5-1
Administrative Committees/Boards/Commissions
Heather Anderson noted that
section 5.1.E was tabled along with section 5.2. The Commission at their last meeting wanted to make limited
changes.
Tim Tenhave noted that the
current make up of the Heritage Commission is 5 members: 3 appointed, 1 from
the Board of Selectmen, and 1 from the Planning Board. There are also 3 alternate members. There is nothing in the current form of
government indicates that representatives of the Board of Selectmen or Planning
Board cannot hold offices on the Heritage Commission. Tom Mahon noted that any representative noted as ex officio
is a member noted allowed to hold office.
He noted that it is his intent to make sure that a list of definitions
is added to the Charter before presentation of the Charter to the town.
A motion was made by Lon
Woods and seconded by Fran L’Heureux to adopt the following language:
5-1
Administrative Committees/Boards/Commissions
A.
Planning Board. There shall be a
Planning Board consisting of seven (7) members as provided by New Hampshire
State Law. Six (6) of these
members shall be appointed by the Town Council for terms of three (3) years,
such terms to be staggered. One
(1) Town Council member shall be appointed annually to serve as an ex-officia
member. There shall also be three
(3) alternate members appointed in the same way as regular appointed members,
except no more than one alternate appointed member’s terms shall expire in a
single year. The Town Council
shall fill any vacancy for the period of the unexpired term. The Planning Board shall have all power
granted to Planning Boards by New Hampshire State Law.
B.
Conservation Commission. There
shall be a Conservation Commission consisting of seven (7) members. Six (6) of these members shall be
appointed by the Town Council for terms of three (3) years, such terms to be
staggered. One (1) Town Council
member shall be appointed annually to serve as an ex-officio member. There shall also be two (2) alternate
members appointed in the same way as regular appointed members, except no more
than one alternate appointed member’s term shall expire in a single year. The Town Council shall fill any vacancy
for the period of the unexpired term. The Conservation Commission shall have
all the powers granted to Conservation Commissions by New Hampshire State Law.
C.
Parks and Recreation Committee.
There shall be a Parks and Recreation Committee consisting of twelve
(12) residents of the Town of Merrimack.
The Town Council shall appoint seven members of the Committee for
three-year terms and two alternates who will serve for a period of three (3)
years each. One (1) Town Council
member shall be appointed annually as an ex-officio member. In addition, four members shall be appointed
by Merrimack organizations. There
shall be one voting member from each of the following organizations: the
Merrimack Youth Association (MYA), the Senior Citizen’s Club, the School Board,
and a representative from the Merrimack High School student body. Such organization members shall be
recommended by their organization and, if approved by the Town Council, they
shall be appointed for a one-year term.
Vacancies shall be filled by appointment of the Town Council for an
expired term. The Parks and
Recreation Committee shall have all the powers granted to Parks and Recreation
Committees by New Hampshire State Law.
The motion passed 8-0-0.
A motion was made by Heather
Anderson and seconded by Lon Woods to adopt the following language:
D.
Heritage Commission. There shall
be a Heritage Commission consisting of five (5) members, and three (3)
alternate members who shall be appointed by the Town Council. Each member shall be a resident of
Merrimack. One (1) Town Council
member shall be appointed annually as an ex-officio member. One (1) Planning Board member shall be
appointed annually as an ex-officio member. Other members shall be appointed for terms of three (3)
years. The Council shall fill any
vacancy for the period of the unexpired term. The Heritage Commission shall have all the powers granted to
Historic District Commissions by New Hampshire State Law.
(Finlay Rothhaus arrived at
this time.)
Tim Tenhave noted that the
Heritage Commission is covered by two separate articles. He noted the towns are allowed to
create Heritage Funds. He
questioned who expends these funds.
He noted currently the Heritage Commission can expend these funds after
a Public Hearing with a majority vote.
Tom Mahon noted that funds
are not usually delineated in the Charter. Mr. Tenhave questioned whether part of the current
administrative code will be invalidated in the transition plan. Mr. Mahon noted that in most transition
plans things continue on as they currently exist. Peter Batula noted that if an issue is not directly
addressed it stays as it currently exists.
The motion passed 9-0-0.
A motion was made by Lon
Woods and seconded by Heather Anderson to change the word “way” in section
5-1-B to “manner”. The motion
passed 9-0-0.
Heather Anderson noted that
section E would cover all of the other currently existing
boards/commissions/committees.
This would give the Town Council the means to review all
boards/commissions/committees.
5-2
Elected Boards/Committees/Commissions
Tom Mahon noted that
currently a vacancy in the Library Trustees is filled by the Board of
Selectmen. He noted that some
charters allow the Trustees to fill their own vacancies. Robert Kelley noted that he recommends
that Trustees not be allowed to fill their own vacancies.
Tom Mahon noted that the
administrative code requires that the Ethics Committee consist of 5 residents
of the town. This is the only
committee for which this restriction applies.
A motion was made by Lon
Woods and seconded by Robert Kelley to adopt the following language:
5-2
Elected Boards/Committees/Commissions
A.
Trustees of Trust Funds. There
shall be a board of three (3) Trustees of Trust Funds whose powers and duties
are provided by New Hampshire State Law.
Trustees of Trust Funds shall be elected at the regular Town election
for terms of three (3) years, one Trustee each year. Vacancies shall be filled by appointment by the Town Council
for the unexpired term.
B.
Library Trustees. There shall be a
board of five (5) Trustees of the Library who shall be elected at the regular
Town election for terms of 3 years, staggered so that no more than 2 Trustees
are elected at one time. Vacancies
shall be filled by appointment by the Town Council for the unexpired term.
C.
Ethics Committee. The Ethics
Committee shall consist of five (5) residents of the Town of Merrimack for
three-year terms on a staggered basis.
A quorum of three or more Committee members shall be necessary to hear
any complaint that is filed.
Should a vacancy in the Committee arise, the remaining members of the
Ethics Committee shall appoint a Town citizen to serve out the remainder of the
term. Any tie shall be resolved by the vote of the Town Moderator. The members of the Ethics Committee shall
elect a Chairperson on an annual basis.
An amendment was made by
Robert Kelley and seconded by Finlay Rothhaus to change the first sentence in
section 5-2-C Ethics Committee to read as follows:
The
Ethics Committee shall consist of five (5) members,
who shall be elected for three-year terms on a staggered basis.
The amendment passed 9-0-0.
A motion was made by Tim
Tenhave and seconded by Heather Anderson to table action on Section 5-2. The motion passed 8-0-1.
5-3
Judicial Boards/Committees/Commissions
A motion was made by David
Yakuboff and seconded by Lon Woods to adopt the following language:
Judicial
Boards
Zoning
Board of Adjustment. There shall
be a Zoning Board of Adjustment appointed by the Town Council, consisting of
five (5) members each serving a three-year term and three (3) alternates each
serving a three-year term. Such
terms shall be staggered. The Town
Council shall fill any vacancy for the period of the unexpired term. The Zoning Board of Adjustment shall
have all the powers granted to such boards under New Hampshire State Law.
The motion passed 9-0-0.
5-4
Vacancies in Elected Office
Tom Mahon noted that for
consistency and clarity this should be a separate section. The word “regular” should be added
between the words “next” and “Town”
A motion was made by Lon
Woods and seconded by Fran L’Heureux to adopt the following language:
Vacancies
in Elected Office
Unless
otherwise specified in this Charter, or as otherwise provided by New Hampshire
State Law, in the event of a vacancy in an elected office, board of commission
of the Town the Town Council shall fill that vacancy by appointment, such
appointment to continue until the next regular Town election.
The motion passed 9-0-0.
5-5
Vacancies in Appointive Office
Tom Mahon noted there is a
need to set a date certain for the beginning and ending of vacancies. The Commission agreed that these dates
should coincide with the fiscal year.
A motion was made by David
Yakuboff and seconded by Lon Woods to adopt the following language:
Vacancies
in Appointive Office
Terms
of Office.
The
terms of office of all members of appointed boards shall begin on July 1 and
end on June 30. If an appointee
receives an appointment subsequent to July 1 of the year in which the term of
office originally commenced, the term to which the person was appointed will
end June 30 in the year that it was scheduled to end.
The words
“committees/commissions” were added by the consent of the maker and the second
after the word “boards”.
The motion as amended passed
8-1-0.
5-6
Committee Review
Tom Mahon noted this section
was left in to require the Town Council to keep in touch with the Boards,
Committees, and Commissions of the town.
It is open ended to give flexibility.
A motion was made by Lon
Woods and seconded by Fran L’Heureux to adopt the following language:
Annual
Review of Town Boards/Committees/Commissions
At
least annually, and more often if town affairs warrant, the Town Council shall
meet with the chair of all standing and other Town
boards/committees/commissions, to review significant actions taken by the
committees, projects currently under discussion, and anticipated activity for
the coming year.
The motion passed 8-1-0.
Begin Review of Article III – Governing Board
A motion was made by Finlay
Rothhaus and seconded by Lon Woods to adopt the following language:
Terms
of Office
The
Councilors shall be elected from the Town at large for 3-year staggered
terms. All members shall take
office following the certification of their election and after being duly sworn
in, and shall hold office until successors are duly elected and certified.
The motion passed 9-0-0.
A motion was made by Tim
Tenhave and seconded by Peter Batula to adopt the following language:
Membership
Except
as otherwise provided in this Charter, all of the powers of the Town as authorized
by New Hampshire State Law shall be vested in a Town Council, hereinafter
referred to as the Council, or seven (7) Councilors.
The motion passed 9-0-0.
2.
Organizational Meeting
Finlay Rothhaus noted that
the Town Council would want to have an organization meeting. Tim Tenhave noted that setting a
particular date may cause problems.
Heather Anderson noted the Council should have the ability to table
action on the organization meeting, but it should be held as soon as possible
after the annual town election. Mr.
Rothhaus noted it is necessary to mention a recount. Tom Mahon noted that words regarding the certification of
the election may be necessary also.
A motion was made by Heather
Anderson and seconded by Robert Kelley to adopt the following language:
Organizational
Meeting
The
Councilors so chosen shall meet in their capacity as the Council at the first
regularly scheduled meeting after all members are certified for the purpose of
taking their respective oaths of office, adopting rules and for the transaction
of business required by law or ordinance to be transacted in such meeting.
The motion passed 6-2-1.
3.
Selection of Chair and Vice Chair
A motion was made by Tim
Tenhave and seconded by David Yakuboff to adopt the following language:
Selection
of Council Chair and Vice Chair
The
Council shall, by the affirmative vote of at least four (4) of its members, at
its Organizational Meeting, choose one (1) of its members as Chair for a term
of one (1) year. The Council shall
choose one (1) of its members as Vice Chair for a term of one (1) year, who
shall act in the absence or disability of chairman. In the event of a vacancy occurring in the office of Chair,
the Vice Chair shall serve out the unexpired term. The Chair shall be the official head of the Town for all
ceremonial purposes, shall preside at all meetings of the Council, and may
speak and vote at such meetings.
The motion passed 9-0-0.
4.
Qualification of Councilors
A motion was made by Tim
Tenhave and seconded by Robert Kelley to adopt the following language:
Requirements
To
be eligible for election as Councilor, a candidate must be a registered voter,
must have been a resident domiciled in Merrimack for at least one year prior to
the first day of the filing period for candidacy, and after election must
remain a domiciled resident or relinquish the office, as provided for in
Article 2.4.c.
The motion passed 9-0-0.
Tim Tenhave questioned
whether it is necessary to put language regarding attendance in the section on
vacancies in the Council. Finlay
Rothhaus noted that if a Councilor is derelict in their duty the citizens of
the town will remember.
Tom Mahon noted his concern
regarding the broadness of the term “public conduct”. He noted this could turn such an issue into a witch hunt.
A motion was made by Tim
Tenhave and seconded by Fran L’Heureux to adopt the following language:
Vacancies
in the Council
The
Council shall declare a vacancy in the event that a member is convicted of
committing a federal or state crime punishable by imprisonment for more than
one (1) year. A majority of the
Council may, after investigation and hearing declare vacancy, if a member has
missed three regular scheduled meetings in sequence without leave of the
Council; has missed one third of all meetings within a calendar year without
leave of the Council; or is found in violation of any article of the Town
Charter by the vote of at least 5 Town Councilors. A vacancy occurring in the office of Councilor at any time
shall be filled by appointment until the next regular election by a majority
vote of the Council as specified by Article ____ of this Charter.
Mr. Mahon noted that this
does not include any language preventing interference.
An amendment was made by
David Yakuboff and seconded by Peter Batula to remove the clauses in the second
sentence after the words “without leave of the Council. The amendment failed 2-7-0.
The main motion failed
2-7-0.
A motion was made by Finlay
Rothhaus and seconded by Fran L’Heureux to table further discussion on this
section. The motion passed 9-0-0.
A motion was made by Lon
Woods and seconded by Robert Kelley to adopt the following language:
Incompatible
Offices
Except
as otherwise provided in this Charter, members of the Council shall not hold
any office or employment with the Town.
Former members of the Council shall not be eligible for appointment as a
compensated Town officer or employee until one year after the expiration of
their service.
The motion passed 9-0-0.
Minutes of September 20, 2005
A motion was made by Heather
Anderson and seconded by Fran L’Heureux to accept the minutes of September 20,
2005 as printed. The motion passed
9-0-0.
Other Business
Ballot Analysis – Heather Anderson noted that there is a need for better correlation between
the graphs and the respective %’s to make the analysis easier to understand.
Internet Connection – Tim Tenhave questioned whether it is possible to make
an internet connection available for computer access during meetings. Tom Mahon noted he will see what is
available.
Questions from the Press
There were no questions from
the press at this time.
Commission Comments
Additional meetings – The Commission determined that another meeting will
be needed on Thursday, October 13, 2005.
This meeting will be held at 7:00 PM in the Conference Room of the Town
Hall.
Tom Mahon reported ordering
and receiving the 8th Model City Charter and charter commission
guide information from the National Civic League.
Adjourn
A motion was made by Lon
Woods and seconded by Robert Kelley to adjourn the meeting at 10:00 PM. The motion passed 9-0-0.
Respectfully submitted,
Rita Carlton, Recording
Secretary