MERRIMACK CHARTER
COMMISSION
REGULAR MEETING
AUGUST 30, 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 Conference Room of the Town
Hall.
Announcements
Chairman Tom Mahon noted
that the Commission will hold a public hearing on September 13, 2005.
Public Comment
Andrew Silvia, Merrymeeting
Drive, thanked the Commission for deciding to create a charter for
Merrimack. He noted that the
people will vote it down if it does not meet their needs. He noted the agendaless Board of
Selectmen meetings in Milford and wondered if such a thing would be possible
under a charter. Chairman Mahon
noted that these meetings were a decision of the Board of Selectmen in
Milford. There is nothing
formalized about them. The
Merrimack Board of Selectmen could add something like this at any time.
Discussion with Richard Hinch, Board of Selectmen
Chairman
Chairman Mahon noted that a
letter had been sent to Richard Hinch, Chairman of the Board of Selectmen as
requested by the Commission.
Richard Hinch noted he
appreciated the opportunity to speak with the Charter Commission. He apologized for not being available
to speak last week. He noted that
he is speaking for himself, not as the Chairman of the Board of Selectmen. He noted that the Board has not taken
any official position on the work of the Charter Commission. He thanked all the members of the
Commission for their time and work.
He noted he hopes that the residents of Merrimack appreciate the work of
the Charter Commission.
Mr. Hinch noted that the
Town currently does not have a charter.
He stated that it is essential that the Charter Commission identify the
defects in the current form of government, if there are any. He noted the work of the Commission may
be as simple as creating a charter or as difficult as drastically changing the
form of the Town’s government. The
residents of town need to recognize that the creation of a charter does not
necessarily mean that the form of government will be changed. The voters will ask why the change is
needed, if a change is proposed.
Mr. Hinch noted that the
first defect he sees in the current government is the Budget Committee. He noted that this body is elected with
a purpose, but it becomes a hindrance to the entities as they go through their
budget processes. This Committee
makes the budget process unwieldy.
He noted this is an unnecessary step. With this Committee, the entities have to start building
their budgets for the next year when they are less than 3 months into the
current year. Without the Budget
Committee, the entities could begin building their budgets in January rather
than in August. He noted the
departments involved in building their budgets have a clear understanding of
the budgets. He noted that the
budget is not the mechanism that will bring taxes down, but that other mechanisms
unrelated to the budget process will do this. (Heather Anderson arrived at this time.) Mr. Hinch noted that historically the
Budget Committee has not found the need to slash and burn the budgets presented
to them. He questioned why the
budget process is made to be longer than it needs to be. He noted that every step of the budget
process is repeated 3 times.
Mr. Hinch noted that
regardless of the form of government the Commission recommends, he stated that
the representatives of the people should be voted on an “at large” basis rather
than on a “district” basis. He
noted this will reduce the creation of “fiefdoms” that are often created with
district representation. All residents
will be served equally by all representatives.
Mr. Hinch noted that
currently there is no crystal clear delineation of the town manager position or
responsibilities. He noted that if
the School Board or Board of Selectmen is unhappy with the superintendent or
town manager, they can be removed by their respective governing body. There is no clearly articulated list of
the duties and responsibilities of the Chairman of the Board of Selectmen.
Mr. Hinch stated that the
Town Meeting needs to be examined.
He noted that if there is a change in the form of government, it would
still be possible to have a budgetary town meeting.
Mr. Hinch asked that the
Commission think before changing appointed boards to elected boards. He noted that the town has been blessed
with superb individuals who have worked diligently for the town in appointed
capacities.
David Yakuboff noted that
Mr. Hinch stated that the town is “on the move”. He questioned whether 5 Selectmen have sufficient time to
meet the needs of the town. He questioned
whether a 7 or 9 person town council might be better. Mr. Hinch noted that he does not feel overworked. He stated he knew what he was getting
into when he stood for election.
He noted that some boards would prefer to have a Selectman on their
board who is more active, but the Selectmen are only required to sit on the
Planning Board and the Budget Committee.
Mr. Yakuboff questioned at what point change is needed. Mr. Hinch noted that he does not think
that the governing body is the trigger for change. He noted that change is needed when the growth is so great
that the administration and infrastructure is not able to keep up. Mr. Yakuboff noted that a lot of people
feel that the Board of Selectmen is too small to handle the work it needs to
do. Mr. Hinch noted that in the 3
years he has been a Selectman, no one has come to him to say that there is a
need to migrate to a larger board because of the amount of work. He noted there is a need to analyze the
“defects” of the current form of government. He stated that he did not necessarily mean that a change
needs to be made.
Tom Mahon questioned the
number of hours per week that Mr. Hinch works as a Selectman. Mr. Hinch noted that he averages about
12 hours per week. He noted that
his colleagues probably work a little less. He noted this does not include non-public sessions. He noted that if these other
obligations were added in the work time would be 12-15 hours per week. He noted that even if the number of Selectmen
were increased to 7, this amount of time would remain the same. Mr. Mahon questioned whether there are
other items regarding the development or governing of the town that have made
it difficult for the Board of Selectmen.
Mr. Hinch noted the Selectmen would be further forward with their work
if there had been a Town Manager on board a year earlier. He noted that interruptions with the
hiring of the Town Manager and litigations have taken time away from the
Board’s regular work. Mr. Mahon
questioned whether there are problems with economic development and the
development of a Town Center plan.
Mr. Hinch noted that the Town Center issue needs attention, but these
issues can be championed with the current Board of Selectmen now that the town
has a stable administration.
Heather Anderson questioned
whether the Board would have more time for regular business without the budget
process. Mr. Hinch noted that this
would be the case. Ms. Anderson
questioned whether a shortened ballot would also give the Board more time. Mr. Hinch noted that a shortened ballot
would expedite issues before the town.
Ms. Anderson questioned whether the Board would have additional work if
there were a budgetary town meeting with additional items. Mr. Hinch noted that the Board would
understand and act on these issues.
He noted that the administration and the staff are the workers. This would not make more work for the
Board.
Fran L’Heureux noted she has
heard from some people who would like to have 7 or 9 Selectmen. She questioned what this expansion
would do to the Selectmen’s workload.
Mr. Hinch noted that in a normal week he helps create, craft, and
facilitate the agenda, he has interaction with the Town Manager, and he reviews
issues that have come in and need to go before the Board. He noted that in an average week 3-6
residents call him regarding an issue.
He helps interview candidates for appointed boards. He spends time making sure that he has
a good understanding of what the issues on the agenda mean.
Finlay Rothhaus noted that
when the Board of Selectmen moved from 3 members to 5 members, a Town Manager
was added also. He noted that the
real work load of the town is done by the administration.
Peter Batula noted the
valuable testimony given by Mr. Hinch.
He noted it is important to see if something is broken before you try to
fix it. He noted this Commission
was set up to not necessarily fix problems with the current set up, but,
rather, to look forward to the future.
He questioned whether the current system is adequate for the future. Mr. Hinch noted he agrees with these
statements to an extent. He noted
he feels that it is more important to identify the defects in the current
form. He endorses long range
thinking, but feels that the “fix” in the town’s government is not necessarily
a change, but a support of the infrastructure. He noted the town needs to create a charter for what we
have. This charter may need to be
revisited in the future. He noted
that charters are amended and evolve.
Mr. Batula questioned whether there is too much power in the hands of
too few. Mr. Hinch noted that the
power is given by the people. If
the people are unhappy, they can change the way they are governed. Mr. Batula questioned whether the town
would be better represented with a Board of 7 or 9 members. Mr. Hinch noted that the population of
the town does not directly correspond to the number of members unless the
representation is by district, not at large.
Tim Tenhave noted he
appreciated the appearance at this meeting by Mr. Hinch. He noted that Mr. Hinch’s input has
been valuable. Mr. Tenhave noted
Mr. Hinch’s quotations in the paper paraphrased as stating that the current
form of government is the most representative for the individual. He questioned Mr. Hinch’s feeling about
this. Hr. Hinch noted that he
feels that the form with the most individual representation is the current form
with the Board of Selectmen under SB2.
If the form changes, representation lessens. There are some defects with the current system. He noted he sees a need to remedy some
of the needs of the people through the creation of a charter.
Mr. Mahon questioned whether
Mr. Hinch would run a business like the town is run. Mr. Hinch noted that in both instances you have to believe
that you have hired the best leadership.
He stated that he believes that the town has superb staff that knows
their jobs. He noted that if a
weakness is found, there is a need to address it. Mr. Mahon noted that Mr. Hinch stated that the current form
of government provides the greatest level of involvement for the people. He questioned the paltry numbers at the
town meeting and deliberative sessions.
Mr. Hinch noted that the current form allows for the greatest level of
involvement, but there is nothing that can be done if the voters choose not to
be involved. Mr. Mahon noted that
in each form, the level of involvement is different. Mr. Hinch noted that with a Town Council, the council has
more power and is able to move more quickly. Mr. Hinch noted he is not enamored with the SB2 form.
Lon Woods questioned whether
Mr. Hinch as Chairman of the Board of Selectmen has had a chance to ponder
where the town might take bold steps.
Mr. Hinch noted that the Board has not been able to do this as a
group. He has, however, thought of
this frequently as an individual.
He noted the town needs to put money where appropriate and invest in
economic development. It is appropriate
for the Board to talk with the Town Manager about economic development. There is a need to map out the action
to be taken. He noted this would
not be easier with a different number of Selectmen. This has to do with commitment. Mr. Woods noted that the Commission is being asked to
develop a charter within a pattern.
He noted that tweaking sometimes brings about more change than was
originally intended. Mr. Hinch noted
the Commission has a huge task. He
noted he does not see the remedy as a changing of the numbers on the Board of
Selectmen, but rather the changing of other things.
Mr. Mahon questioned Mr.
Hinch’s preference regarding voting; whether the voters should vote on bond
issues or the governing body. Mr.
Hinch noted that an amount level should be delineated; above this level, the
voters should vote, below this level, the voters should trust the elected body
to vote. Mr. Mahon questioned the
voting on land use issues. Mr.
Hinch noted these issues should be handled by the governing body unless they
are brought forward by a protest petition. A protest petition would come from an adversely affected
area. Mr. Mahon questioned the
making of appointments. Mr. Hinch
noted that the Town Manager should be fully empowered with the confidence of
the governed. The responsible Town
Manager would want to share this responsibility with the governing body. Mr. Mahon questioned whether a
supermajority would be needed to remove the Town Manager or for any
appointment. Mr. Hinch noted he
has not read any charter that requires a supermajority. He noted a simple majority should be needed
for appointment. Mr. Mahon
questioned budget caps and exclusions.
Mr. Hinch noted he is not an advocate of budget caps. He noted that good budgets can be
created if clear directions are given and understood by the administration. Mr. Hinch noted that the tax rate in
Merrimack has been stable; increasing about 5% every year for the last 10
years.
Mr. Mahon thanked Mr. Hinch
for coming in. He noted that the
information given by Mr. Hinch was very informative and the Commission members
appreciate his appearance. Mr.
Hinch thanked the Commission for the work already done and for the work to be
done.
Introduction of and Discussion with Attorney Allen
Krans
Attorney Allen Krans was
introduced by Chairman Mahon to the members of the Charter Commission. Mr. Mahon noted that Attorney Krans
worked with the Charter Commission of the City of Dover. Attorney Krans noted that recommended
changes for the Charter for the City of Dover will be voted on in November.
Mr. Mahon asked Attorney
Krans what the Commission has to look forward to and what they should try to
avoid. Attorney Krans noted the
Commission will fashion a charter in response to the needs of the voters of
Merrimack. The Commission needs to
figure out what is good for Merrimack.
He noted the City of Dover Charter Commission found it helpful to put
things in writing. He noted it is
important to have the key players in the current government talk to the Charter
Commission.
Heather Anderson noted the
advice of the Town’s current attorney to first decide whether a charter was
necessary and then to decide whether that charter should be a town or city
charter, which the attorney felt was based in emotion. The decision to create the charter has
been made. The Commission must now
make the emotional decision of whether the Charter will create a town or a city
form of government. She questioned
whether this question is answered simply and straight-forward or whether the
Commission will make functional decisions and back into the appropriate form
for Merrimack. Attorney Krans
noted that any decision made should be simple. He noted the Commission should look at the big picture. He suggested that the Commission pick a
community and model from that to start.
He stated the Commission should keep it simple and expand and refine
their ideas as they progress.
Attorney Krans noted it is a question of the elements to be accentuated.
Robert Kelley questioned the
pitfalls to avoid. Attorney Krans
noted that strong consensus is needed, close votes are not helpful. He noted the process in Dover was very
civil. He noted that the vote on
the final report was unanimous.
Peter Batula questioned
whether there will be a group against the charter and a group for the charter
when it is presented to the voters.
Attorney Krans noted that people will look at the process to see if all
of the issues of importance to them were thoroughly examined. The voting should not be contentious.
Lon Woods noted that he
feels that consensus will come to this table. He questioned whether there is a mechanism to take the
temperature of the electorate as the process goes on. Attorney Krans noted that the City of Dover Charter Commission
created a web survey as the process went on for information. There were some surprises, but the
Commission found that it was good to be informed. The City of Dover Charter Commission held a lot of public
hearings.
David Yakuboff questioned
whether a lot of people came to the public hearings. Attorney Krans noted that 8 to 10 people came per public
hearing. This input was very
helpful. The Commission also had a
dedicated reporter from the local newspaper to cover their meetings. This was also very helpful.
Mr. Mahon questioned whether
there is an ethics provision in the Charter for the City of Dover. Attorney Krans noted there is an
amendment for a 5 member ethics commission. He noted that ethics commissions have come and gone in the
City of Dover.
Attorney Krans noted his
appreciation to the Merrimack Charter Commission for having him present.
Next Steps
Review
of Government Forms Matrix
Discussion
of Any Outstanding Research/Remaining Questions
Discussion
of Public/Elected & Appointed Officials’ Comments
City
or Town Form?
Chairman Mahon noted the
Government Forms Matrix. He noted
that eventually this matrix will appear on the Charter Commission’s
website. He noted that the current
form is an old form that was created layer by layer. There is no definitive document for this form. There is a need to go to many places to
find legislation related to it. A
charter would give the town a definitive document.
Mr. Mahon noted there are 2
city forms; a mayor and aldermen or a city council and manager. These are much more defined forms of
government. There are 6 choices
for town government. These forms
are not a rigid as the city forms.
All of these town forms provide for initiative and referendum. Regulations are set by the
charter. There is no mention of a
Budget Committee in any of these forms.
In the city forms, there is no Budget Committee. There are 3 Town Council and 3 Board of
Selectmen town forms. The Board of
Selectmen/Official Ballot is the form closet to the current form of
Merrimack. Any transition aspects
necessary would be determined. Any
charter created would need to be reviewed by the Attorney General and others to
make sure that no laws are being circumvented. Mr. Mahon noted that the Commission needs to come to a
comfort level based upon the information received. There is a need to have a discussion regarding whether the
Commission wants to recommend a city or a town form to the voters.
Tim Tenhave noted he feels
he has enough information to move forward. He noted that more information can be provided after the
discussion regarding city vs. town form is over. He noted the Commission ought to take the next steps and
then look at additional details.
Mr. Mahon questioned the
advantages of the city forms.
Finlay Rothhaus noted he doesn’t think these forms fit with what the
people see. He noted these forms
are good for the administration of the city as they are more streamlined, but
he noted that citizen participation is important to the residents of
Merrimack. He noted that the
citizens would like to participate in the budget decisions.
Peter Batula noted there
seems to be a preference for the council/manager form. He noted that a 5 member board is not
enough to run a town of 25,000 to 30,000 residents. He noted a need to look at the council/city manager form.
David Yakuboff noted he
agrees with Mr. Batula, however, he is against a strong mayor and
aldermen. He noted in this form a
mayor could be elected who does not know how to be a mayor. He noted that the weak mayor form could
work, but there is the stigma of the word “city”. He noted he has no problem with the town council form.
Mr. Mahon noted that people
from Londonderry said that it was more of an emotional decision rather than a
practical decision to have a town form.
People don’t want to move to a “city” form.
Mr. Yakuboff noted that if
the members of the Commission have the same idea regarding the city forms, then
it would be safe to make a decision regarding the form at this time.
Mr. Mahon noted that the
town council/manager and the city council/manager forms are almost mirror
images.
Mr. Batula noted he would
like to have the subcommittee chairmen tell him the difference between “city”
and “town”. Mr. Yakuboff noted
that a city form is more defined.
There are only 2 forms and they are less direct representative of the
people. There may be more costs
associated with these forms. Mr.
Rothhaus noted that there are a variety of town forms. The levels of citizen participation
vary. Most of the items in the
town forms are dictated by the Charter.
It may be possible to make the town from fit the town better. Mr. Mahon noted there are
trade-offs. He noted that by
enlarging the number of positions in the government, the participation in the
government is enlarging. Mr.
Tenhave noted that cities bring clought.
Mr. Mahon noted that cities are centers of population, industry, and
finance. Mr. Tenhave noted that
Merrimack is a bedroom community; most people who live here do not work
here. Mr. Rothhaus noted that
while it was true in 1980 that about 80% of the population worked elsewhere,
this is not so much the case today.
Mr. Mahon noted that Merrimack is still predominately a bedroom
community.
Lon Woods noted that the
decision of city vs. town is an emotional one. He questioned how far ahead of the voters should the
Commission get.
A motion was made by Tim
Tenhave and seconded by Finlay Rothhaus to have the Charter Commission start
drafting a town charter next week.
Mr. Tenhave noted that his
motion is deliberately vague. The
movement will be refined as the process goes forward.
Mr. Mahon noted that going
down this path does not preclude the Commission from changing its mind in the
future.
Heather Anderson noted that
the decision of city vs. town is an emotional one since the city
council/manager form is essentially the same as the town council/manager form
with small differences. The town
form keeps the door open to the entire gamut, from what we currently have to
the council/manager form.
Mr. Batula noted he wanted
to see a discussion between the town and city forms, but he can support a town
form.
The motion passed 8-0-1.
Minutes of August 23, 2005
No minutes were available at
this time.
Other Business
Fran L’Heureux noted that
the suggestion by Attorney Krans of a survey on the website is a great
one. This would give the
Commission responses from the citizens.
Finlay Rothhaus noted that this would be helpful as long as the Commission
remembers that any information gathered would be non-scientific.
David Yakuboff noted that
the public still has opportunities to voice their opinions. He noted it is important that the
public comes to the public hearings.
Mr. Rothhaus noted he hopes
that the decision made this evening will prompt input from the public.
Peter Batula suggested that
during the Commission’s deliberations that the forms being discussed are
narrowed down to a couple. He
noted he feels that this discussion will move the Commission from 6 forms to 2
forms.
Questions from the Press
The difference between a
town manager and a town administrator was questioned. Chairman Mahon noted that the difference between these is
how they are defined in the charter.
Their duties are more defined and may be broadened in the day to day
operations. There can also be
differences between the extent to which interference from or by the government
body is permitted.
Comments from the Commissioners
There were no comments from
the Commissioners at this time.
ADJOURN
A motion was made by Peter
Batula and seconded by Robert Kelley to adjourn the meeting at 10:02 pm. The motion passed 9-0-0.
Respectfully submitted,
Rita Carlton, Recording
Secretary