MERRIMACK CHARTER COMMISSION
REGULAR MEETING
AUGUST 2, 2005
Commission member
present: Chairman Tom Mahon, Vice
Chairman Heather Anderson, Secretary Fran L'Heureux, Peter Batula, Bob Kelley,
Finlay Rothhaus, Lon Woods, and David Yakuboff. Excused absence: Tim Tenhave.
Chairman Mahon convened the
meeting of the Charter Commission at 7:06pm in the Conference Room of the Town
Hall.
Announcements
Chairman Mahon announced the
two public hearing dates scheduled for September 13 and November 8, 2005. He also announced that he has invited representatives
from the Town of Bedford, the Town of Londonderry, and the Town of Derry,
including their town administrator, council president, and attorney. Members of appointed Town committees have
been invited to the August 16 meeting and members of the Town’s elected boards are
invited to the August 23 meeting so that they may provide pros and cons of the
Town’s current form of government, as well as their input about what form of
government Merrimack should operate under.
Reports
Chairman Mahon reported that
he had received a few responses from his letter regarding attorneys interested
in providing legal counsel to the Commission. In summary, the fees ranged from $150 - $225 an hour and
associate fees from $130 - $200 an hour.
Chairman Mahon stated that he would compile the information received and
provide it to the Commission members for review and selection at the next
meeting.
Vice Chairman Anderson
reported that the web site was up-to-date and stated that an updated Schedule
of Meetings incorporating Chairman Mahon’s announcements would be posted and
distributed.
David Yakuboff reported that
the City Government Options Review Sub-Committee met prior to tonight’s meeting
and will also meet before the next two regularly scheduled Commission
meetings. Finlay Rothhaus reported
that the Town Government Options Review Sub-Committee also met prior to
tonight’s meeting and will meet at the same time next week. Tom Mahon reported that the Current
Government Review Sub-Committee will meet on this Thursday at 5:30pm.
Peter Batula inquired if the
Commission should invite someone from the NHMA to speak to the Commission on
the different types of government.
Vice Chairman Anderson recommended that an exercise be performed to
identify any form of government that was not already a scheduled guest of the
Commission so that all of the different types of government could be explored
by listening to practitioners.
Dialogue with Guests
James McSweeney, Merrimack’s
first town manager, and manager in three cities and another town in New
Hampshire spoke to the Commission about his experiences. Mr. McSweeney advocated for the
council-manager city form stating he felt that it is a more efficient form than
town meeting and especially ballot town meeting.
Steve Fournier is a former
city councilor in Somersworth and current town administrator in Epping. Mr. Fournier provided the Commission
with an undergraduate paper he wrote on City Charters in New Hampshire. Mr. Fournier also felt that the
council–manager city form was more efficient and further supported the “weak
mayor” model.
The Commissioners present
queried the guests regarding budget preparation and administration, ability to
attract business, ability to make timely decisions on issues, and procedures
that protect the residents’ ability to have a voice in government. Both speakers agreed that the public’s
opportunity to participate was readily available in the city form, but it was a
different form of participation when compared to town meeting.
Review of Public Comments of July 26, 2005 Public
Hearing
Finlay Rothhaus stated that
he heard expressions of frustration with SB2. Vice Chairman Anderson cited the changing of the warrant
articles at the deliberative session and wondered whether petitioner’s warrant
articles would experience a similar fate if they were initiatives brought
forward to a smaller group for decision making. Lon Woods hopes the September 13 public meeting has a grater
amount of comments than the July 26 meeting. Peter Batula thinks that once we get closer to a decision,
more of the public will participate in the meetings.
Queries to the Attorney General
Chairman Mahon passed out a
draft letter to the Attorney General’s Office requesting that they review the
Charter Commission’s calendar of milestones prescribed by law to ensure that
deadlines are not missed, including determining what to do when a deadline
falls on a Sunday or holiday, and for clarification regarding boards of
selectmen as governing bodies by charter.
Vice Chairman Anderson asked if we should also seek an understanding as
to what effects may a charter have on the other legal public entities in town
(e.g.; Merrimack Village District and Merrimack School District). After some discussion, it was decided
to hold these queries for legal counsel.
Queries to the Department of Revenue Administration
Based on some earlier
discussion, Chairman Mahon drafted a letter to the Department of Revenue
Administration (DRA) seeking clarification regarding whether there was any
difference in the amount or in the distribution of State funds to cities and towns.
A motion was made by Finlay
Rothhaus and seconded by David Yakuboff to send the query to the Department of Revenue
Administration. The motion carried
8-0-0.
Government
Forms Template
To ensure that the
Commission had the ability to conduct an “apples-to-apples” comparison of the
different forms of government permitted by NH State Law, Chairman Mahon and Tim
Tenhave developed a template for each of the subcommittees to complete. The templates were distributed to the
Commission members and the form was discussed. David Yakuboff suggested that another column be added for citations.
Other
Business
Fran L’Heureux brought up
the subject of the Commission’s website, advising she received a couple of
calls from “older” computer users who couldn’t use the website because Adobe
Reader was needed to view the minutes, etc. on the site. She asked if the website could be
changed to just clicking on what the public wanted to look at without having to
download the Adobe Reader. Vice
Chairman Anderson said that all agendas and the final approved minutes could be
provided in html; however, the draft minutes would need to continue being
provided in PDF.
Minutes
A motion was made by Peter
Batula and seconded by Lon Woods to accept the minutes of July 26, 2005 as
printed. Peter Batula spoke on how
important the Commission is and stated that few remarks were included in the
July 26 minutes. Lon Woods
affirmed that any audio tapes and video tapes of the meeting were to be
included in the Commission’s files as a supplement to the meeting minutes. The motion carried 8-0-0.
Public
Comment
There was no public comment.
Questions
from the Press
There were no questions from
the press.
Comments
from Commissions
There were no comments from
the Commissioners.
A Motion to adjourn the
meeting was made by Peter Batula and seconded by Bob Kelley. The motion carried 8-0-0. The meeting adjourned at 9:40pm.
Respectfully Submitted,
Secretary Fran L’Heureux