MERRIMACK CHARTER
COMMISSION
REGULAR MEETING
November 8, 2005
Commission
members present: Chairman Tom
Mahon, Vice Chairman Heather Anderson, Secretary Fran L’Heureux, Peter Batula,
Robert Kelley, Finlay Rothhaus, Tim Tenhave, Lon Woods, and David Yakuboff.
Chairman
Mahon convened the meeting of the Charter Commission at 7:03 pm in the
Courthouse of the Town Hall.
Public Hearing
Mr. Mahon
introduced the members of the Commission to the members of the public
present. He noted that the
Commission would like to hear from anyone who wishes to speak once. After everyone has spoken who wishes to
speak, the opportunity for a second time before the Commission will be
given. Mr. Mahon asked that each
speaker state their name and address for the record and give their comments.
Mr. Mahon
presented an overview of the work done by the Commission to date.
Public
Comment – Nelson
Disco, 42 Wilson Hill Road, noted that he is impressed with the work done by
the Commission. He noted a concern
for the adoption of zoning ordinances.
He noted he does not think it is in the town’s best interests to have
changes in the zoning ordinance resting in the hands of the majority of the
Town Council.
Norman
Phillips, 18 Edward Lane, noted that no selectman has indicated that they need
more selectmen. He noted that the
town of Londonderry has approximately 22,000 residents and they have only 5
Town Councilors. Salem, which is a
larger town than Merrimack, has a 5 member Board of Selectmen. He noted that the town passed SB2 so
that all voters could vote on all issues.
He noted the filter process is missing without the Deliberative
Session. He noted there are
tremendous consequences with the Town Council as the legislative body. He noted that a governing board is not
a reliable barometer of voters’ reaction.
He noted the current proposal takes too much power from the voters.
Jennifer
Twardosky, 41 Gail Road, questioned whether there would be additional public
hearings on this Charter. Mr.
Mahon noted this is unknown at this time.
He noted that members of the public are welcome to come to any Charter
Commission meeting to give comment.
Ms.
Twardosky questioned whether the Town Council under the proposed Charter would
be able to decide its own salary.
Mr. Mahon noted that currently the members of the Board of Selectmen
receive a salary of $2,400 per year.
The intent is to keep this salary, but changes can be made. An increase would need a vote of 5 of
the 7 Councilors. If voters are
dissatisfied with any action taken by the Council there is recourse in the
referendum petition. If a pay
raise were approved only newly elected members to the Council would get this
pay rate.
Ms.
Twardosky questioned the Personnel Plan.
Mr. Mahon noted that this would include policies and procedures, salary
scales, etc. The Town Council will
be involved in the approval of the Personnel Plan. There is a non-interference section that tries to channel
Town Council concerns through the Town Manager rather than to the department
heads.
Ms.
Twardosky questioned the purchasing policy. Mr. Mahon noted that there is currently a purchasing policy
in the Administrative Code. This
section would simply move this policy to the Charter.
Ms.
Twardosky noted that a lot of signatures are needed for a petition. Mr. Mahon noted that an ordinance goes
through 3 stages before the Town Council approves it. He noted that if someone is opposed to the proposal they can
begin the petition process in anticipation of the passage of the opposed
ordinance. He noted there is a
public notice process. Tim Tenhave
noted that the idea behind this number of signatures was to make the process
not overly difficult. This process
could involve a special election.
Ms.
Twardosky noted that the people would like an opportunity to vote on the budget
and Warrant Articles. She noted
that the current proposal does not seem to provide all the people the power.
Greg
McCrady, 39 Gail Road, noted that more restrictions are not needed. He noted that taxes are
increasing. Mr. Tenhave noted that
the proposal includes citizen initiatives and petitions. He noted that currently the people
cannot overturn the votes of the Board of Selectmen. Mr. Mahon noted that the proposed Charter further delineates
and codifies the responsibilities of the Town Manager. Heather Anderson noted that the Town
Manager is analogous to the CEO of a corporation and the Town Council is
analogous to the Board of Directors.
She noted that the proposed government organization is much like the one
currently in existence, but there is more clarification with the Charter.
Andy
Sylvia, 28 Merrymeeting Drive, noted that the biggest issue is the Deliberative
Session or Town Meeting versus legislative powers in the hands of the Town
Council. He noted that none of the
options are clear-cut, but this is the biggest issue on the minds of the
voters. The Charter is the first
step towards change. He noted that
the Commission is on the right road.
Debra
Huffman, 60 Amherst Road, noted she is impressed with the work done by the
Commission. She noted it is
important that the town have a Charter, but she has a problem with the idea of
a 7 member Town Council having the responsibilities given to the Town Council
under the proposed Charter. She
noted she thinks the town is asking too much of 7 volunteers. She noted the Deliberative Session is
an important part of the town government.
The town is still working out the kinks in this process.
Chester
Symes, 2 Westborn Drive, noted that he objects to having all Town Councilors
elected at large. He noted that
partial district representation is better than no district representation. He noted that many Deliberative
Sessions are controlled by a small number of people. He noted he agrees with a petition presented by minority
groups.
Nat
Fairbanks, 5 Sandhill Drive, noted it is wrong to make the Town Council the
governing and legislative body. He
noted that there are between 200 and 500 people at the Deliberative
Session. He noted it is better for
these 200-500 people to make decisions than for 7 Town Councilors to make
decisions.
Tom Koenig,
1 Danforth Road, noted that he feels that the Town Meeting is an integral part
of government in New England. The
people need to understand the powers of the Deliberative Session. He noted he would find it a hard task
to shoulder the responsibilities delineated for a Town Councilor. He noted that the Commission should be
careful about putting things in the Charter and not in the Administrative
Code. He noted it is more
difficult to make changes to the Charter than to the Administrative Code. He questioned whether the infractions listed
in section 3.4.b are the only infractions that can be used for removal. Mr. Mahon noted that this section does
not preclude the Town Council from adopting other infractions. He noted that the conviction for a
felony calls for immediate removal.
Mr. Koenig
questioned the 1-year period for town officials to wait before they can take a
paying job with the Town. Mr.
Mahon noted this is intended to put some distance between the elected office
and working for the people you used to supervise.
Mr. Koenig
noted that the 72 hours advance for the posting of agendas seems overly
restrictive. Ms. Anderson noted it
is okay to amend the agendas during this period of time. Mr. Mahon noted that the Town Council
would set up rules for the posting of agendas. He noted the Commission is trying to make this Charter a
transparent document.
Mr. Koenig
questioned the emergency meeting.
Ms. Anderson noted that the Town Council needs to be able to respond in
a timely fashion to an emergency.
Mr. Koenig
noted the minimum posting time for the first reading of a proposed
ordinance. Ms. Anderson noted that
this time would need to be extended due to newspaper deadlines.
Mr. Koenig
noted that the section on non-interference is very important. Mr. Mahon noted that an individual
councilor may address an issue with the Town Manager, but any action would need
to be taken by the entire Council.
Mr. Koenig
noted that the numbers in Article 9 seem to be arbitrary. Mr. Mahon noted that there was a lot of
discussion regarding these numbers.
He noted the Commission is trying to provide an achievable process
without bogging the Town Council down with petty issues.
Mr. Koenig
noted that achieving the required number of signatures within 60 days would be
difficult. He questioned whether
there is a possibility of breaking this number into 2 stages with a threshold
to stay action. Mr. Mahon noted
that the concern of the Commission is that there will be someone trying to
cause problems for others.
Mr. Koenig
noted he has a concern regarding forced special elections. He noted the town could end up with a
lot of special elections. He noted
that the 60-day window seems too small.
He noted a concern regarding section 9.5 about conflicting provisions on
the ballot. He noted his appreciation
of the Commission’s time and interest.
He reiterated his concern regarding losing the Town Meeting.
Mike Yates,
40 Back River Road, noted that people get involved. He suggested that the town look at the Deliberative Session
and see how more people can become involved. He noted it is best to enhance the Deliberative Session
rather than to scrap it.
Dan Bittel,
1 Usher Lane, noted that these changes would have an impact on the town
taxes. He noted that the town’s
portion of the tax rate is about 20% of the total tax bill. He noted he sees the town growing with
participation decreasing. He noted
a problem with special interest groups.
Mr. Mahon noted there is no intent to remove the Planning Board and
Zoning Board of Adjustment from the process of creating or revising the zoning
ordinance. These proposals would
now go to the Town Council rather than to the people for a vote.
Mr. Bittel
noted that the budget would be created by the Town Manager and the Town Council
with input from the department heads and the Town Council would vote on the
budget. Mr. Mahon noted that the
Town Manager is appointed by the Town Council, but there is no interference in
his job performance by the Town Council.
Mr. Bittel
noted that the residents of Merrimack have to give the Town Manager and the
elected Town Council their confidence that they will run the town in the best
possible way. He noted that the
proposed Charter is the best way to run the business of the town.
Jim
McSweeney, 63 Turkey Hill Road, noted that this Charter is a positive and
progressive step. He noted that
the Town Council/Town Manager form of government works. The voters are looking for changes. The creation of an advisory Budget
Committee gives him some concern.
He noted this looks like an exercise in futility. He noted the Commission should consider
the budget process very carefully.
This process is a year round process. The Town Council is ultimately responsible for the
budget. This Charter will give the
public as much, if not more, access to the elected officials than they
currently have. In this proposed
Charter the elected officials become the policy makers.
Chris
Christensen, 27 Greatstone Drive, noted that the Deliberative Session may not
be poorly watched. He noted there
is discussion regarding the Deliberative Session. He noted there is a lot of discussion even through people
did not show up at the meeting. He
noted that the voters in voting for the Charter Commission indicated that they
want to move forward. He noted that
zoning amendments should be on the ballot. The zoning process is lengthy, but important. He noted it is hard to keep track of
public hearings. He questioned
whether petitioned articles and the budget could be put on the ballot per the
Town Council. Mr. Mahon noted that
the Commission tried to work this out, but there is no legal way to do
this. He noted that if there is an
official ballot there must be a Deliberative Session. There is no legal way to get the budget to the voters from
the Town Council.
Mr.
Christensen noted that currently a voter can collect 25 signatures of
registered voters to put a petitioned Warrant Article on the ballot. The proposed Charter requires that the
voter collect 1250 signatures.
This is a huge change. The
one-year restriction on hiring is also a problem. He noted that currently the Selectmen’s salaries are set by
the Town Meeting.
Norm
Phillips noted that the budgets are not created in September because of the
Budget Committee, but are created at this time due to the Deliberative Session.
The public
hearing was declared closed at 9:15 pm.
(Finlay
Rothhaus left at this time.)
Chairman Mahon noted that the Commission appreciates the comments made by
the members of the public.
Attorney
Krans noted that the Charter needs to make the distinction between “terms of
employment” and “term of office”.
He noted a concern for the mixing of the reprimand and removal from
office. He noted that the Charter
needs to make these processes as clear as possible. He noted that 90 days for an Acting Town Manager might be
too short a time. The oversight by
the Town Council of the Personnel Plan should be included in the Charter. In Sections 6.8 and 6.10 there should
be some linkage regarding who is in charge of the department heads. The relationship of the Town Manager to
the department heads and the input, if any, the Town Council has in this
relationship. The department head’s
control of the departments may infringe on the Town Manager’s control. He noted there is not much difference
between “cause” and “just cause”, but that this is a very high standard.
Chair – Chairman
Mahon noted he met with Tim Tenhave and Finlay Rothhaus. Copies of their proposals were
distributed.
Vice Chair – Vice Chair Anderson noted there has
been a change made to the front page of the website. The PowerPoint presentation made this evening will be added
to the website.
Review Article XI – Transition
A motion was made by Lon Woods and seconded by Fran L’Heureux to adopt
Article XI – Transition as follows:
11.1
Effective Date
This
Charter shall take effect July 1, 2006.
Prior to that date, the Selectmen shall prepare for the transition to
the new form of government.
11.2
Council, Town Clerk/Tax Collector and Moderator
A. Those
Selectmen whose terms have not expired as of June 30, 2006, shall continue in
office as Councilors until the expiration of their terms and until their
successors are elected and qualified.
B. The
persons holding the following offices as of June 30,2006 shall continue in
offices until the expiration of their terms and successors are elected and
qualified: Moderator, Treasurer, Town Clerk/Tax Collector, Supervisors of the
Checklist, Library Trustees, and Trustees of the Trust Fund.
11.3
Special Election
The Town
shall conduct a special election on the second Tuesday of June 2006 to elect
town councilors for the following terms: One (1) for a term to run from July 1,
2006 to the regular town election of April 2009, and One (1) for a term to run
from July 1, 2006 to the regular town election in April 2008. Both shall service until their
successors are elected and certified as provided in Article 2.7 of this
charter.
All
election officers holding office prior to and at the time of the special
election held under this Charter shall conduct such election and shall have all
the powers granted to them under New Hampshire State Law for such purposes and
shall have all the powers that are granted to their successors under this
Charter which are necessary to conduct properly such election.
11.4
Abolition of Certain Boards and Officials
The
following Town agencies shall be abolished effective on the dates listed
herein:
A. The
Board of Selectmen, June 30, 2006
B. The
Municipal Budget Committed elected under RSA 32, June 30, 2006
11.5
Continuation of Government
All
members of the Town government, elected or appointed, except those abolished by
this Charter, shall continue to perform their duties until the
expiration
of their current term, and until successors to their respective positions are
duly appointed, elected and qualified, or their duties have been
transferred. The Board of
Selectmen and the successor Town Council shall take whatever measures are
necessary to effectuate an orderly transition and shall take whatever actions
are necessary to enable such transitions in office to comply with the
provisions of this Charter.
11.6
Continuation and Compensation of Personnel
A. Until
expressly changed after the effective date of this Charter, the compensation of
all officers, department heads and employees of the Town shall be the same as
that in effect on July 1, 2006.
B. Any
person holding an office or position in the administrative service of the Town,
or any person serving in the employment of the Town shall retain such office or
position and shall continue to perform their duties until provisions shall have
been made in accordance with the Charter for the performance of said duties by
another person or agency; provided, however, that no person in the service or
employment of the Town shall forfeit their pay grade or time in service. All such persons shall be retained in a
capacity as similar to their former capacity as it practical.
C. Removal
of personnel for such issues as inefficiency, poor performance, violation of
policies and procedures, or other disciplinary reasons, in effect at the time
of the adoption of this Charter, shall not be prohibited, provided that the
continued or interim policies and/or contracts are followed.
11.7
Transfer of Records and Property
All
records, property, and equipment of any Town agency, the powers and duties of
which are assigned in whole or part to another Town agency, shall be
transferred forthwith to the Town agency to which such powers and duties are
assigned.
11.8
Effect on Obligations, Taxes, and Other Legal Acts
All
official bonds, recognizance, obligations, contracts, and other instruments
entered into or executed by or to the Town before its adoption
of this
Charter; all taxes, special assessments, fines, penalties, forfeitures incurred
or imposed, due or owing to the Town shall be enforced and collected; all
writs, prosecutions, actions, and causes of action, except as herein otherwise
provided, shall continue without abatement and remain unaffected by the
Charter; and no legal act done by or in favor of the Town shall be rendered
invalid by the adoption of the Charter.
The motion passed 8-0-0.
Article X - General Provisions
It was noted that the optional
language proposed in the draft of this article was not needed in the Charter as
proposed. Tom Mahon noted that it
is in the hands of the Town Council to adopt rules for their meetings. He noted there was some concern this
evening regarding keeping land use on the ballot. There would be a need to amend the proposed Charter to
include land use on the ballot.
Approve Minutes
There were no minutes to be
approved at this time.
Other Business
There was no other business at
this time.
Questions from the Press
It was questioned whether the
Commission plans to formally address the issues presented by the public this
evening. Tom Mahon noted that the
issues would be considered.
Heather Anderson noted that the Commission, before presenting the
proposed Charter to the Board of Selectmen, would go through each article with
a fine tooth comb to make sure that the intent the Commission wants is
correctly stated.
Commission Member Comments/Remarks
Tim
Tenhave noted there is still a lot to do.
He questioned whether the Commission wants to take a break on Tuesday,
November 22, 2005. Tom Mahon noted
he will not be present at the meeting of November 29, 2005. Mr. Tenhave questioned whether examples
of reports from the Charter Commissions are filed with the charters. Mr. Mahon noted he would ask.
David
Yakuboff noted he will not be present for the meeting of November 15,
2005. Mr. Mahon noted it would be
better if all of the members of the Commission are present for work on Article
VII – Finance. Lon Woods suggested
that the meeting be recessed until Wednesday, November 9, 2005.
Recess - A motion was made by Lon Woods and seconded by Robert Kelley to recess
the meeting of Tuesday, November 8, 2005 to Wednesday, November 9, 2005 at 6:00
pm in the Conference Room of the Town Hall. The motion passed 8-0-0. The meeting was recessed at 10:10 pm.
Reconvene - Chairman Mahon reconvened the
meeting of the Charter Commission at 6:10 pm in the Conference Room of the Town
Hall. Commission members present
included Chairman Tom Mahon, Vice Chairman Heather Anderson (arrived at 6:20
PM), Secretary Fran L’Heureux, Peter Batula, Robert Kelley, Finlay Rothhaus,
Tim Tenhave (arrived at 7:10 PM), Lon Woods, and David Yakuboff.
Tom Mahon
noted he queried the Commission’s attorney regarding the recessing of last
night’s meeting to tonight. He
received a reply at 2:10 PM this afternoon. The attorney noted that the recess is permissible.
Article X – General Provisions
10.1 Agreements with
Other Municipalities
Tom Mahon noted that section 10.1 allows the town government to enter
into interlocal and mutual aid agreements. It is an extension of section 1.4.
A motion was made by Robert Kelley and seconded by Fran L’Heureux to
adopt the following language:
10.1 Agreements
with Other Municipalities
The Council is authorized, as
provided by New Hampshire State Law, to enter into agreements and regional
compacts with neighboring cities and towns, state agencies, or private
nonprofit corporations for the purpose of resolving their common problems for
the mutual advantage and benefits of the town and its neighboring cities and
towns.
The motion passed 7-0-0.
(Heather Anderson arrived at this
time.)
10.2
Authentication of Charter: Copies to
be Kept on File
A motion was made by David
Yakuboff and seconded by Lon Woods to adopt the following language:
10.2
Authentication of Charter: Copies to be Kept on File
A.
Authentication of Charter
Upon
adoption, the official Charter, duly authenticated by affixing the signatures
of all members of the Charter Commission and the Board of Selectmen, the Town
Clerk and affixing the Town Seal, shall be filed with the Town Clerk and remain
in the Town Clerk’s office as the official Charter of the Town of
Merrimack. At its first meeting,
the Town Council shall affirm the validity of the Town Charter
B.
Amendments
All amendments
to this Charter shall be authenticated by the Town Council and be filed with
and remain a part of the official Charter.
C.
Maintenance
The Town
Clerk shall be responsible for the proper maintenance of the Charter. Copies of the Charter shall be available
to the public, and the Town Clerk may charge a fee to defray printing costs.
The motion passed 7-0-1.
10.3
Charter Amendments
A motion was made by Heather
Anderson and seconded by Robert Kelley to adopt the following language:
10.3
Charter Amendments
Amendments
to this Charter may be initiated either by the Council or by initiative
petition, public hearing, and voter election pursuant to New Hampshire State
Law.
Tom Mahon noted that the number of
signatures needed for an initiative petition is different under New Hampshire
State Law than under this Charter.
Lon Woods noted that the town would have to live under the state laws
that govern the process of amending the Charter.
An amendment was made by Finlay
Rothhaus and seconded by Fran L’Heureux to adopt the following language:
10.3
Charter Amendments
Amendments
to this Charter may be initiated pursuant to the provisions of New Hampshire
State Law.
The amendment passed 8-0-0.
The amended main motion passed
8-0-0.
10.4 Indemnification
of Town Officers, Board Members, and Employees
Tom Mahon noted that state law
allows the town to indemnify Town Officers, Board Members, and Employees if the
Town adopts such language. Such
language has been adopted in the past.
A motion was made by Heather
Anderson and seconded by Lon Woods to adopt the following language:
10.4
Indemnification of Town Officers, Board Members, and Employees
All town
officers, and members of town agencies shall be deemed to be public or
municipal officers or officials.
The Town shall indemnify any such officer or member for expenses or
damages incurred in the defense or settlement of a claim against the officer or
member which arise while acting in good faith within the scope of official
duties or employment, but only to the extent and subject to the limitations
imposed by New Hampshire State Law.
The motion passed 8-0-0.
10.5 Land Use
Ordinances
Tom Mahon noted that as the
legislative body the governing body would adopt the zoning ordinances and
amendments. The town would not
have to wait until the annual election to act on any addition or amendment to
the zoning ordinance. Mr. Mahon
noted it is not the intent of this section to have the Town Council craft the
zoning ordinances, but to keep the current process and have the ordinances brought
before the Town Council for a vote.
He noted that state law defines part of this process, but the remainder
of the process can be explicitly delineated. Mr. Mahon noted that additional language could
be crafted to delineate this process.
A motion was made by Heather
Anderson and seconded by Lon Woods to find appropriate language to describe the
current process. The motion passed
6-1-1.
10.6 Municipal Budget
Law Repealed
A motion was made by Robert Kelley
and seconded by Heather Anderson to adopt the following language:
10.6
Municipal Budget Law Repealed
By
adoption of this Charter the voters and the Town of Merrimack expressly repeal
and rescind the previous adoption of the provisions of the Municipal Budget
Act.
The motion passed 8-0-0.
10.7 Public Records
and Meetings
Tom Mahon noted that this section
confirms the Right To Know law.
A motion was made by Peter Batula
and seconded by David Yakuboff to adopt the following language:
10.7
Public Records and Meetings
All
records of the Town and all meetings of the Council, boards, committees,
commissions, authorities or other municipal bodies shall be open to the public,
and their minutes and other records shall be available to the public in
accordance with the provisions of New Hampshire State Law.
The motion passed 8-0-0.
10.8 Reorganization
Plans
A motion was made by David
Yakuboff and seconded by Finlay Rothhaus to adopt the following language:
10.8
Reorganization Plans
A. Council
Initiated.
Except for
those agencies established by this Charter or as otherwise prohibited by New
Hampshire State Law, the Council may reorganize, consolidate, or abolish any
existing town agency in whole or in part or establish new town agencies and
prescribe the functions of any town agencies provided that such action shall
not eliminate the statutory duties of town officials. Such reorganization plans shall be accompanies by
explanatory messages when submitted.
B. Manager
Initiated.
The
Manager may prepare and submit to the Council for it approval proposed reorganization
plans which may, subject to application law and this Charter, reorganize,
consolidate or abolish any Town agency in whole or in part, or establish new
Town agencies as are deemed necessary or expedient. Such reorganization plans shall be accompanied by
explanatory message when submitted.
The motion passed 8-0-0.
10.9 Prohibition
A motion was made by Fran
L’Heureux and seconded by Robert Kelley to adopt the following language:
10.9
Prohibition
No Person
shall be appointed to or removed from, or in any way favored or discriminated
against with respect to, any Town position or appointed Town administrative
office because of age, races, color, religion, sex, sexual orientation,
disability, familial status, martial status, or national origin.
(Tim Tenhave arrived at this
time.)
Tom Mahon noted that this language
is already included in Article VIII.
The motion failed 0-8-1.
10.10 Severability
Tom Mahon noted that this means
that one section or portion of the Charter can be declared invalid without invalidating
the entire Charter.
A motion was made by Heather
Anderson and seconded by Lon Woods to adopt the following language:
10.10
Severability
The
sections of this Charter and the parts hereof are separable. If any portion or section of this
Charter or the application thereof to any person or circumstance shall be held
invalid by a court or competent jurisdiction, the remainder of the Charter
shall not be affected thereby. If
a clause, portion of or section of this Charter is so held to be invalid, then
the application provisions of New Hampshire State Law, if any shall govern.
The motion passed 9-0-0.
10.11 Specific
Provisions to Prevail
A motion was made by Fran
L’Heureux and seconded by Robert Kelley to adopt the following language:
10.11
Specific Provisions to Prevail
To the
extent that any specific provision contained in this Charter conflicts with any
provision expressed in general terms the specific provision shall prevail.
The motion passed 9-0-0.
10.12 Violations and
Penalties
Tom Mahon noted that the courts
would enforce these violations.
A motion was made by Peter Batula
and seconded by Fran L’Heureux to adopt the following language:
10.12
Violations and Penalties
All
willful violations of provisions of this Charter, unless otherwise provided,
are hereby declared to be misdemeanors, and all such violations and all
violations of town ordinances for which no other punishment is provided shall
be punishable by a fine in accord with New Hampshire State Law.
Tim Tenhave noted that a misdemeanor
implies legal action.
A motion was made by Peter Batula
and seconded by Tim Tenhave to table further action on this section until the
opinion of the Commission’s attorney is obtained. The motion passed 9-0-0.
Article VII – Finance
Tom Mahon noted that section 5.2
established an advisory Budget Committee.
A motion was made by Tim Tenhave
and seconded by Finlay Rothhaus to reconsider the vote on the advisory Budget
Committee.
Tim Tenhave noted he is not sure
the Commission should include this advisory Budget Committee. Peter Batula questioned the harm done
by having more eyes look at the budget.
Lon Woods noted that this might cause confusion. He noted such a committee would be too
much like the current Budget Committee, but without the power. He noted he sees this as muddying the
waters. Mr. Tenhave noted that the
advisory Budget Committee can make a statement, but it has no impact. Mr. Batula noted that the 7 members of
the advisory Budget Committee could act as watchdogs.
Finlay Rothhaus noted that if the
town could do an all day voting with a deliberative session there would be no
need for an advisory Budget Committee.
Mr. Mahon noted that the Committee has been struggling with getting the
budget to the voters without holding a deliberative session.
Mr. Batula noted it is out of
order for members of the Commission to have a meeting to discuss issues. Mr. Rothhaus noted that dialogue and
discussion should happen. This was
a dialogue to try to discuss some issues.
He noted he was happy with the proposed solution that came from this
discussion. He noted that the
currently proposed Charter is doomed to failure. David Yakuboff noted that the voters would decide on the
Charter.
Mr. Batula noted this outside
discussion was a serious violation.
He noted that he is most concerned about soliciting support from other
members of the Commission over the telephone. The approach used to undo what has already been done was out
of line. Mr. Mahon noted that this
was an attempt to seek a method to keep the process going. He noted information was sent to all
members of the Commission so as to bring it to their attention to give them
time to think about the proposal.
There was no intent to stiffle discussion or prevent anyone from stating
their opinion.
Lon Woods noted he voted against
the advisory Budget Committee based on the fact that he would prefer to have
the members to this committee appointed.
Mr. Tenhave noted that the budget
process was not discussed at last Tuesday’s meeting. The meeting with Mr. Mahon, Mr. Rothhaus, and Mr. Tenhave
was an attempt to put something together for discussion purposes. He questioned whether this was
inappropriate or a violation.
Mr. Batula noted that he and other
members of the Commission were called or spoken to.
Mr. Mahon noted that he considered
this meeting a subcommittee with a posting and minutes. The subcommittee meeting discussed the
advisory Budget Committee and the Official Ballot.
Mr. Batula noted he has no problem
with the meeting, but the results of the meeting have spiraled out of
control.
Heather Anderson noted she has
concerns regarding giving legislative authority to the Town Council. She noted she is happy to have some
different choices.
Fran L’Heureux noted it was
presented to her as a proposal, not a request for support.
Mr. Mahon noted he regrets that
action taken to offer an alternate was perceived as something that is not
helpful. There was no intent to
short circuit discussion or do something out of the public eye.
Mr. Batula noted that phone calls
were made to solicit support. Ms.
Anderson noted that she would not give support to anything that she had not
seen. Mr. Batula noted he saw
something distasteful. Mr. Mahon
noted that a legitimate concern has been raised.
The motion to reconsider the vote
on the advisory Budget Committee was withdrawn.
7.2 Budget Procedure
Tim Tenhave noted that the wording
in this alternative allows the Town Manager and the Town Council to work
together to create a budget on an appropriate time line. Lon Woods noted there is no direction
to include estimated revenues other than those associated with the tax rate.
A motion was made by Lon Woods and
seconded by Heather Anderson to adopt the following language:
7.2 Budget
Procedure
At such
time as may be requested by the Manager or specified by the Administrative
Code, each officer or director of a department shall submit an itemized
estimate of the expenditures and any revenues for the next fiscal year for the
departments or activities under their control to the Manager. The Manager shall, based on these
estimates and other data, prepare a recommended budget which shall, together
with these department estimates, be submitted to the Council on such date as
the Council shall establish. In
presenting the budget to the Town Council, the Manager shall also include a
detailed report of estimated revenues other than those to be derived from real
estate taxes, paying particular attention to enterprise departments or
activities, and an estimate of the impact on the Town portion of the tax
rate. The Council shall review the
budget for the following fiscal year and make such modifications and amendments
as it desires.
The motion passed 7-2-0.
Peter Batula noted that this
language was voted on before it came to this meeting. Lon Woods noted he did not vote on this language before this
evening. Mr. Batula noted there is
an intent to create a Deliberative Session. There was a vote taken by telephone. Tim Tenhave noted that the solicitation
done to ask who would like to be Chairman was done in the same manner. Mr. Batula noted that this Commission
is writing a Constitution for Merrimack.
Finlay Rothhaus noted there were no solicitations for votes.
A motion was made by Finlay
Rothhaus and seconded by Heather Anderson to table further discussion on
Article VII.
Heather Anderson noted that this
discussion is emotionally charged and she doesn’t see the discussion as
productive.
The motion passed 5-2-2.
Mr. Tenhave noted that the
Chairman will not be present at the meeting of November 29, 2005. He questioned what still needs to be
done. Mr. Mahon noted that the
Commission needs to look for conflicts, redundancies, etc. They need to ask if there is better
language available. The Commission
needs to craft a report with their decisions, reasons, etc.
A motion was made by Peter Batula
and seconded by David Yakuboff to take Article VII off the table with the
understanding that the document under dispute not be read. The motion passed 9-0-0.
Mr. Tenhave noted that there
cannot be all day voting on the budget without the Deliberative Session. He noted that many people want to
maintain the ability to vote on the budget.
Ms. Anderson noted she has
concerns with the Town Council being the legislative and governing body. She noted there can be no official
ballot without a Deliberative Session.
Mr. Batula noted that the other
side of the discussion is that there is opposition to the Deliberative
Session. He noted that if a
Deliberative Session is described that cannot be manipulated there is room for
discussion.
Mr. Yakuboff questioned whether it
is appropriate to give a number for the quorum at the Deliberative Session.
Mr. Mahon noted that the only town
that currently has a quorum is the Londonderry School District, which has a
quorum of 500 voters. In Merrimack
the average number of voters at the Deliberative session has been 189 with the
mean of 162. He noted he thinks
that 175 is a good number. This
number is achievable, but it will take some work to get this many voters to the
Deliberative Session. He noted he
heard at the Public Hearing yesterday that the voters want to vote on the
budget and they didn’t seem to care about the Deliberative Session. He noted that participants at the
Deliberative Session are rarely surprised by what happens at the Deliberative
Session.
Mr. Batula noted that when people
are serious about changing something they come to the Deliberative Session.
Mr. Tenhave noted that larger
numbers at the Deliberative Session are not necessarily tied to a budget
item. He noted that the type of
Deliberative Session that would be described by this Charter would deal with
the budget only. Mr. Mahon noted
that if a budget issue is hot enough the voters will attend.
Mr. Woods noted that the voters
indicated that they want more participation that has been crafted into the
proposed Charter to date. The
Commission needs to see what can be improved. He noted that a limited budgetary town meeting with an
official ballot is a reasonable tack.
He noted he is not interested in a Deliberative Session that allows
special interest groups to manipulate it.
The mean attendance at the Deliberative Session seems to be decreasing,
but the participation at the ballot box does not seem to be decreasing.
Mr. Mahon noted that if a quorum
is required for the Deliberative Session this means that if the quorum is not
met no action can be taken, although discussion can continue.
Mr. Batula noted that the people
have asked for something different.
He noted that a quorum of 175 is not different. He noted that this number is too small
and he cannot support it. He
noted, however, that he could support a quorum of 500.
A motion was made by Peter Batula
and seconded by David Yakuboff to require a quorum of 500 registered voters at
the Deliberative Session.
Mr. Woods noted that a large
portion of the tax bill is not on the town side. He noted he likes the idea of a quorum.
Ms. Anderson noted that 500 is too
high. She noted that even with hot
issues that many voters have never attended a Deliberative Session. She noted that 175 is too low. She suggested that 300 is a reasonable
number. She noted this number has
been met once and almost met a second time. This number forces all interest groups to come out.
Mr. Batula noted he is looking
forward. He noted the town has
asked the Charter Commission for a new vision for the future.
An amendment was made by Peter
Batula and seconded by David Yakuboff to change the quorum to 400 registered
voters. The amendment passed
7-2-0.
A motion was made by Heather
Anderson and seconded by Tim Tenhave to adopt the official Ballot process in
RSA 49-D to include only budget appropriations on the ballot to the voters.
Mr. Woods questioned whether the
Official Ballot process allows the town to set a quorum for the Deliberative
Session. Mr. Mahon noted that the
Attorney General’s office has accepted the Londonderry School District Charter. Mr. Woods noted that the fall back
position may be a budgetary town meeting.
Mr. Mahon noted that in a budgetary town meeting there is no all day
voting.
Ms. Anderson noted that the ballot
would include appropriations, articles that would raise and appropriate, bonds,
notes, and Capital Reserve Funds.
The main motion passed 9-0-0.
A motion was made by Robert Kelley
and seconded by Fran L’Heureux to reconsider the percentage of voters required
to pass bond articles. The motion
passed 7-2-0.
A motion was made by Tom Mahon and
seconded by Tim Tenhave to require a positive vote of 60% (3/5ths) for passage
of bond articles.
Ms. Anderson noted she is torn
between 60% and 67%.
Mr. Rothhaus noted he supports 67%
(2/3rds). He noted that if the
leaders of the move to approve a bond article show a real need for passage the
article will pass.
The motion failed 4-4-1.
Mr. Mahon noted that if the
Charter is silent on this issue the percentage is 67% (2/3rds).
Next Meeting
Tom Mahon noted that the
Commission will meet every Tuesday between now and December 18, 2005. These dates will be 11/15/05, 11/22/05,
11/29/05, 12/6/05, and 12/13/05.
The Commission will meet at 6:30 PM on these dates.
Adjourn
A
motion was made by Robert Kelley and seconded by David Yakuboff to adjourn the
meeting at 10:15 PM. The motion
passed 9-0-0.
Respectfully
submitted,
Rita
Carlton, Recording Secretary