MERRIMACK CHARTER COMMISSION

REGULAR MEETING

November 1, 2005

 

Commission members present: Chairman Tom Mahon, Secretary Fran L’Heureux, Peter Batula, Robert Kelley, Finlay Rothhaus, Tim Tenhave, Lon Woods, and David Yakuboff

 

Excused: Vice Chairman Heather Anderson

 

 

Chairman Mahon convened the meeting of the Charter Commission at 7:10 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 at 7:00 PM in the Courthouse.  The purpose of this public hearing is to gather input from the public and to review the sections of the Charter completed to that date.

 

Public Comments

Carolyn Whitlock, 239 Baboosic Lake Road, noted that the Charter Commission is doing an excellent job.  The Commission has put some things in the proposed Charter that need to be said.  She noted that she would like to see names on the ballot presented in random order rather than alphabetical.  Regarding the certification of the election and appointment, she suggested that a notation be added to the Charter regarding the alternate wording available for the oath of office.  She noted that the compensation and expenses portion is unfair.  She noted a plan should be devised to not penalize longer serving members of the Town Council.  She noted that all members of the Town Council should be paid equally. 

 

Tim Tenhave noted that the alphabetical listing of the candidates on the ballot is per state law.

 

Reports

Chair – Chairman Mahon noted that a response has been received from the Charter Commission attorney regarding the recall portion of the Charter.  The attorney stated that he found no authority in state law to create such provisions.

Vice Chair – There were no reports from the Vice Chair.

 

Complete Action

Article IX – Citizen Initiative

A motion was made by David Yakuboff and seconded by Tim Tenhave to not include Section 9.6 Recall of Officeholders.  The motion passed 8-0-0.

A motion was made by Robert Kelley and seconded by David Yakuboff to move the following language to the draft charter:


Section IX Citizen Initiatives

9.1 Citizen Concerns

The Council shall establish rules for residents to address the Council at regular and other meetings.  The Council shall provide a minimum time for individuals to address the Council and the total time that the Council will hear concerns or proposals at each meeting.  The rules will be reviewed annually.

 

Individual Petitions, Action Discretionary.  The Town Council shall receive all petitions which are addressed to them and signed by a registered voter and may, in their discretion, take such action in regard to such petitions as they deem necessary and appropriate.

 

Group Petitions, Action Required.  The Town Council shall hold a public hearing and act by taking a vote on the merits of every petition which concerns a matter in which the town is empowered to act; which is addressed to it; and which is signed by at least fifty (50) registered voters.  The hearing shall be held by the Town Council, or by a committee or subcommittee thereof, and the action by the Town Council shall be taken not later than sixty (60) days after the petition is filed with the Town Manager.  Hearings on two or more petitions filed under this section may be held at the same time and place.  The Town Manager shall mail notice of the hearing to ten (10) petitioners whose names first appear on each petition at least seven (7) days before the hearing.  Notice shall be given by Publication, as defined in Section 4.3(3), of a summary of the contents of a petition at least seven (7) days prior to all such hearings, at public expense.  No hearing shall be held upon more than one petition containing the same subject matter in any twelve (12) month period.  No action by the Town Council under this section shall be required in the case of any petition to suspend the implementation of an ordinance adopting a budget or enacting a land use regulation.

 

9.2 Initiative Petitions

A. The registered voters of the Town shall have the power to propose ordinances to the Council.

 

B. Commencement of Proceedings.  Initiative procedures shall be started by the filing of an initiative petition with the Town Manager.  The petition shall be addressed to the Town Council, shall contain a request for passage of a particular measure set forth in the petition, and shall be signed by 500 registered voters.

 

Signatures to an initiative petition need not be all in one paper.  All such papers pertaining to any one measure shall be fastened together and shall be filed in the office of the Town Manager as one instrument, with the endorsement thereon of the names and addresses of the persons designated as filing the same.  With each signature to the petition shall be stated the place of residence of the signer, giving the street and number, if any.  Within 7 days after the filing of an initiative petition, the Town Clerk

 

shall ascertain by what number of registered voters the petition is signed, and shall attach thereto a certificate showing the results of such examination.

 

The Town Manager shall forthwith transmit the certificate with the petition to the Town Council and at the same time shall send a copy of the certificate to the first person designated on the petition as filing the same.  When such certificate establishes that the petition appears to have been signed by the requisite number of registered voters, the petition shall be deemed to contain requisite signatures unless written objections are made with regard to the signatures thereon by a registered voter within seven (7) days after such certificate has been issued, by filing such objections with the Town Council and a copy thereof with the Town Clerk.  The validity of any such objection shall be determined by the Town Council at their next regular meeting.

 

C. Requirements for Passage and Submission to Electorate.  If the Town Council determines that the petition contains the requisite signatures of registered voters, and the petitioned initiative measure may lawfully be passed by the Town Council, the Town Council shall within twenty (20) days after the petition has been finally determined to be sufficient: (1) pass the measure without alternation; or (2) schedule a special Town election to be held on a date not less than thirty (30) nor more than sixty (60) days thereafter, and submit the measure without alteration to a vote at that election.  However, if any other Town election is to occur within sixty (60) days after the petition has finally been determined to be sufficient, the Town Council may omit a special election and submit the measure to a vote at such other Town election.

 

The ballot presenting an initiative measure shall state the nature of the measure in terms sufficient to communicate the substance thereof.  The question shall be whether the initiative measure should be adopted.

 

9.3 Referendum Petitions

A. The registered voters of the Town shall have the power to require reconsideration by the Council of any adopted ordinance.

 

B. Commencement of Proceedings.  Referendum petitions must be filed with the Town Manager within 30 days after adoption by the Town Council of a measure of part thereof protested by the petition.  Referendum petitions shall identify specifically the measure or part thereof protested and must be signed by no less than 1250 registered voters.  The procedures of Section 9.2(B) shall apply to referendum petitions except that the words “measure or part thereof protested” shall, for this purpose, replaced the word “measure” in the said section whenever it may occur; and t he word “referendum” shall replace the word “initiative”; and the word “repeal” shall replace the word “passage” in said section.

 

C. Suspension of Effect of Measure or Part Thereof Protested.  When a referendum petition is filed with the Town Manger, the measure or part thereof protested shall be suspended from taking effect, except for emergency ordinances adopted under Section 4.5 of this Charter or ordinances adopting a budget or land use regulation, which shall not be subject to suspension.  Such suspension shall terminate when:

1.      There is a final determination of insufficiency of the petition; or

2.      The filers of the petition withdraw it; or

3.      After certification of the Town’s vote on the measure or part thereof protected.

 

D. Action on Petition.  When a referendum petition has been finally determined to be sufficient, the Town Council shall reconsider the protested measure or part thereof by voting whether to repeal it.  If the town Council fails to repeal the protested measure or part thereof within 30 days after the day the petition was finally declared sufficient, the Town Council shall submit the protested measure or part thereof to a vote of the Town as a special Town election to be held on a date fixed by the Town Council. Such special election shall be held not less than 30 nor more than 60 days after the Town Council’s vote on repeal.  However, if any other Town election is to occur within 60 days after the Town Council’s vote on repeal, the Town Council may omit a special election and submit the protested measure or part thereof to a vote at such other Town election.

 

E. The ballot presenting a referendum measure under this section shall state the nature of the protested measure or part thereof in terms sufficient to communicate is substance.  The question shall be whether the referendum measure should be repealed.

 

9.4 Submission of Proposed Measure to the Voters

The Council of its own motion may submit any measure or proposition for repeal or amendment of a measure to the voters at any regular or special Town election.

 

9.5 Measures with Conflicting Provisions

If two or more proposed measure passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.

 

The motion passed 8-0-0.

 

Article VIII – Conduct of Officials

 

A motion was made by Tim Tenhave and seconded by Fran L’Heureux to move Article 8 as updated by Heather Anderson.  The motion passed 8-0-0.

 

A motion was made by David Yakuboff and seconded by Peter Batula to move the following language to the draft Charter:

 

Article VIII – Conduct of Officials

Preamble

It is the policy of the Town of Merrimack to uphold, promote and demand the highest standards of ethics and conduct from all of its employees and officials, whether elected, appointed or hired.  The Town Council, all Town employees and all members of Town boards, commissions, and committees shall maintain the highest standards of personal integrity, truthfulness, honesty and fairness in discharging their public duties, and never abuse their positions or powers for improper or personal gain.

 

Purpose

The purpose of this code is to establish guidelines for the ethical standards of conduct for Town officials, board members and employees.  We expect our public servants and volunteers to act in the best interest of the Town.  We expect Town officials, board members and employees to disclose any personal, financial or other interests in matters affecting the Town that come before them for action.  We expect Town officials, board members and employees to remove themselves from decision making if they have a conflict of interest.  We expect Town officials, board members and employees to be independent, impartial, and responsible to their fellow townspeople in their actions.  We expect that that the Town’s official decisions and policies be made through the proper channels of government.

 

We expect that public office or a volunteer position in our Town not be used for personal gain.  It is important that the public has confidence in the integrity of its government and that Town officials, board members, volunteers and employees have an opportunity to protect their personal reputation.  This code establishes a process by which one may obtain guidance regarding potential ethical issues and it establishes a course of action for resolving disputes in a manner that is fair to all of the parties involved.

 

Explanation of Code Provisions

I. No Conflict of Interest

Officials, board members and employees of the Town of Merrimack shall avoid conflicts of interest.  As a Town official, board member or employee, you shall not participate in any matter in which you, or a member of your family, have a personal interest that may directly or indirectly affect or influence the performance of your duties.  In such instances, you shall recuse yourself from discussion and decision-making.  Recusal means to remove yourself completely from all further participation in the matter in question.  Officials, board members or employees who have been recused shall immediately leave the room or shall seat themselves with the other members of the public who are present.  When recused, you shall not participate in further discussions, unless you clearly state for the record that you are doing so only as a general member of the public.  As a recused person, you shall not deliberate or vote on the matter in question.

 

 

II. A Duty to Recuse in Quasi-Judicial Actions

A “quasi-judicial action” in any action where the board or committee you are a member of is acting like a judge or a jury.  For example, when your board or committee has a duty to notify the potential parties, hear the parties, and can only decide on the matter after weighing and considering such evidence and arguments as the parties choose to lay before you, you are involved in a quasi-judicial action.  The work of the planning and zoning boards is largely quasi-judicial.  Not only do officials, board members and employees of the Town of Merrimack have a duty to recuse themselves as outlined in the section above, you must recuse yourself in a quasi-judicial action if you would not be qualified to sit as a juror in that case.  For example, jurors are not qualified to sit in a case if they have advised or assisted either party in the matter being decided, are prejudiced to any degree regarding the pending matter, or believe they cannot for any reason be totally fair and impartial.  As a representative of the Town of Merrimack, you are expected to hold yourself to this same standard.

 

III. A Duty to Disclose

As an official, board member or employee of the Town of Merrimack, you shall not participate in the conduct of business on behalf of the Town or enter into discussion or deliberation of any matter without first, publicly and on the record, stating all possible conflict that may exist between you and your family, and the principals or the issue under consideration.

 

IV. No Unfair Personal Use of Town Property

No official, board member or employee of the Town of Merrimack shall use Town property, services, or labor personally, or make the same available to others unless such use is available to other residents upon request on equal terms.

 

V. No Misuse of Confidential Information

No official, board member or employee of the Town of Merrimack shall use any confidential information acquired by virtue of that individual’s official position for personal benefit, or for the benefit of any other person or business.  This does not apply to information, which is readily available to the general public.

 

In addition, no official, board member or employee of the Town of Merrimack shall violate the privacy of others by publicizing, gossiping, or discussing information confidentially acquired in the course of official duties without a legitimate reason to do so.

 

VI. No Improper Gifts

No official, board member or employee of the Town of Merrimack shall accept a gift (or allow acceptance of such gift by a family member) from any individual, group, or corporation that has or is likely to have a matter pending before the board, committee, or commission on which the official or employee serves.  This provision of the code is not meant to apply to gifts traditionally exchanged between family members at holidays or birthdays, for example.

 

VII. A Duty to Cooperate

All officials, board members and employees of the Town of Merrimack shall cooperate with the Ethics Committee regarding any complaint or inquiry alleging violation of this Code of Ethics.

 

VII. Fair and Equal Treatment

Acting in their official capacity, all officials, board members and employees of the Town government shall give each and every person fair and equal treatment.  No official, board member or employee shall in the course of their official duties give or deny any person special consideration, advantage, or treatment as a result of the person’s public status, position, sex, race, religion, creed, sexual orientation, or national origin.

 

Definitions of Terms

As used in this Article, the following terms shall have the meanings indicated:

 

Board: Any board, committee or commission, permanent or special, established by the Town Council under New Hampshire State Law or this charter.

 

Complainant: A resident of the Town of Merrimack who has submitted a petition to the Ethics Committee requesting an inquiry or alleging a violation of the Code of Ethics.

 

Conflict of Interest: A situation, circumstance, or financial interest that has the potential to cause a private or personal interest to interfere with the proper exercise of a public duty.

 

Employee:  A person who is paid by the Town of Merrimack for his/her services, but who is not an independent contractor.

 

Ethics Committee: The committee established by Article 4 of this Charter.

 

Family: Any person who is related to the official, board member or employee in one of the following ways: spouse, parent, grandparent, child, grandchild, sibling, or similar relation to the individual’s spouse.  This includes all persons who are members of the same household as the official, board member or employee in question, regardless of whether they are related by blood or marriage.

 

Interest: Any legal or equitable right, share, or claim, whether or not subject to an encumbrance or a condition, which is owned or held, in whole or in part, jointly or severally, including but without limitation, a right, share or claim to land.

 

Official: Any elected or appointed officer, board member, or agent of the Town of Merrimack.

 

Principals: Those people who are subject of the action or application that is before the board.

 

Public Servant: A person who serves the Town of Merrimack in an official capacity, whether elected or appointed, paid or unpaid, any Town official, board member or employee.

 

Recuse: Officials, board members or employees who have been recused from a matter, shall removed themselves completely from all further participation in the matter in question.  Officials, board members or employees who have been recused shall immediately leave the room or shall seat themselves with the other members of the public who are present.  The recused person shall not participate in further discussions, unless they clearly state for the record that they are doing so only as general members of the public.  Recused persons shall not deliberate or vote on the matter in question.

 

Respondent: Board member or employee named in a petition submitted to the Ethics Committee as an inquiry or alleging a violation of the Code of Ethics.

 

Resident: A resident of the Town of Merrimack.

 

Quasi-judicial Action: Any action where the board of committee has a duty to notify the potential parties, hear the parties, and can only decide after weighing and considering such evidence and arguments as the parties choose to lay before them.

 

Town: The Town of Merrimack including all of its departments, boards, commissions, and committees.

 

Exclusions

The provisions of this Code of Ethics shall not be interpreted so as to bar:

A. Any official, board member or employee who is a resident of the Town of Merrimack from fully participating in any pubic proceeding conducted by the Town;

B. Acceptance of donations for the expressed purpose of financing a political campaign, provided such contributions are reported in accordance with all local, state and federal laws that pertain to such donations;

C. Participation in a matter that relates to a person or business from which an official, board member or employee has merely purchased goods or services, if the individual in question has no other conflict of interest relating to that person or business;

D. Police officers, fire fighters, and other emergency personnel from acting in the course of their official capacities when responding to emergencies in accordance with the rules and regulations of their departments; and

 

E. Supervisors of Town employees from appropriately carrying out personnel policies.

 

Merrimack Ethics Committee

The Town of Merrimack shall establish an Ethics Committee to:

educate officials, board members and employees of Town government regarding the provisions of the ethics code;

Provide advice and counsel to officials, board members and employees regarding ethical issues with which they are confronted, and

Hear and resolve ethics complaints, which are filed against officials, board members and employees of Town government.

 

A. Education

1. At the time that each newly elected or appointed official, board member or employee takes the oath of office, they shall receive a copy of this code, and acknowledge in writing that they have received a copy of this code.

2. The Ethics Committee shall hold a meeting each spring for newly elected or appointed officials, board members and employees so they may familiarize themselves with the provisions of this code.

3. It shall be the responsibility of the supervisor of any new employee to ensure that the new employee familiarizes themselves with the provisions of this code.

 

B. Inquiries

The Ethics Committee shall establish a mechanism by which officials, board members, employees and residents of the Town of Merrimack may obtain advice and counsel from the committee regarding ethical issues that may arise from time to time.  Upon request of a Town official, board member or employee, the Ethics Committee may issue a written advisory opinion in response to such an inquiry.

 

C. Complaints

1. The Ethics Committee shall:

a.      have the power to investigate all written complaints, which are files;

b.      establish forms by which officials, board members, employees, and residents of the Town of Merrimack may file complaints or request that an inquiry be made;

c.      only review complaints based on alleged violation of Section 1-8 of this Article.  All such request or complaints must be in writing, shall specify the provision of the code which the complainant believes was violated, and must be signed by a resident of Merrimack.  When signing the complaint the complainant shall certify that he or she has read the Code of Ethics, that they believe the matter within the complaint is a fair subject of inquiry, and they have exhausted all other avenues of relief available to them within our Town government.

2. Any official, board member or employee against whom a written complaint is filed shall be given a copy of the complaint, and upon written

request shall be afforded an opportunity to be heard and to present evidence to the Ethics Committee.

3. The Ethics Committee shall have sole discretion for setting rules regarding the conduct of hearings.  The Committee shall seek to make sure that both the complainant and the respondent have an opportunity to be heard and to present evidence, but the committee may limit the testimony and evidence which is presented to it if in the opinion of the committee the testimony and evidence in question is irrelevant, unnecessary, redundant, or unreliable.

4. The Ethics Committee may require, with sufficient written notice, any official, board member or employee of the Town government to appear before it to provide testimony regarding pending complaints.  The Ethics Committee, for this purpose, may administer oaths, and require the production of evidence such as documents.

5. Within thirty (30) days of concluding an investigation into a written complaint, the Ethics Committee shall issue a written statement setting forth its findings.  The Ethics Committee shall not have the power to impose any monetary or other penalty, only to issue a written statement as set forth above.

 

The motion passed 8-0-0.


Begin Review of:

            Article VII - Finance

Tom Mahon noted he had given this proposed language to the Town’s Finance Administrator, Robert Levan, for comments.  Mr. Levan suggested that the form for the budget posting be specified or that the contents of the form for the budget be specified.  He also has questions regarding articles related to bonding.

 

7.1 Fiscal Year

A motion was made by Lon Woods and seconded by David Yakuboff to adopt the following language:

7.1 Fiscal Year

The fiscal and budget year of the Town shall begin on the first (1) day of July and end on the thirtieth (30) day of June unless other dates shall be fixed by action of the Town Council.

 

The motion passed 8-0-0.

 

7.2 Preparation of Budget

Tom Mahon noted that the draft language requires submission of the proposed budget no later than 120 days before the end of the fiscal year.  He noted this is the same as the current situation.  He noted this draft language allows for submission more than 120 days before the end of the fiscal year.  There is no place for the Budget Committee, as it currently exists.  There is, however, the opportunity to create a Budget Committee that is advisory in nature.  This advisory Budget Committee would not have the same authority that the current Budget Committee has.

 

The Commission felt that the creation of an advisory Budget Committee is a good idea.  Lon Woods noted that the Commission ought to weigh very carefully whether the members to this Committee are elected or appointed. 

 

Mr. Mahon noted that this advisory Budget Committee would not fall under the 10% rule.  He noted that over the last 5 years there has been very little variance between the recommendations of the Board of Selectmen and the Budget Committee.  He noted that there are times when the recommendation of the Budget Committee is more than the recommendation of the Board of Selectmen. 

 

Peter Batula opined that the more eyes which view the budget on a critical basis the better it is for the public. 

 

A motion was made by Peter Batula and seconded by Finlay Rothhaus to adopt language in the Charter for an advisory Budget Committee with 7 members to be elected.  The motion passed 7-1-0.

 

Mr. Mahon noted there will be a need to readdress and amend Article 5.2.  This article has already been sent to the attorney for review. 

 

Tim Tenhave and Tom Mahon agreed to work on the creation of draft language to include this advisory Budget Committee.  They asked for guidance from the Commission.  Robert Kelley noted that this advisory Budget Committee should give its opinion on the budget.  Peter Batula noted this Committee should review individual budgets and discuss the ideas contained within these budgets.  Finlay Rothhaus noted this Committee should be a check on the part of the town finances.  They should do what they currently do.  Fran L’Heureux noted this Committee should be a watchdog committee to report to the voters.

 

Mr. Mahon questioned whether the budget should go from the Town Manager to the Budget Committee to the Town Council.  Mr. Batula noted that a report could be requested from the Budget Committee prior to the review by the Town Council.

 

Mr. Mahon noted he will talk to Londonderry to see how they work their advisory Budget Committee.  He noted this could be a parallel process, whereas currently it is a separate process.

 

7.6 Lapse of Appropriations

A motion was made by Peter Batula and seconded by Finlay Rothhaus to adopt the following language:

7.6 Lapse of Appropriations

All appropriations shall lapse at the end of the fiscal year and any unexpended portion thereof shall not be expended without further appropriation, except as provided in RSA 32:7 as the same may be amended from time to time.

 

The motion passed 8-0-0.

 

7.7 Budget Reports

A motion was made by Peter Batula and seconded by David Yakuboff to adopt the following language:

7.7 Quarterly Budget Reports

Quarterly, and more often if required by the Council, the Manager or his designee shall submit to the Council data showing the relation between the estimated and actual income and expenses to date, together with outstanding indebtedness and estimated future expenses, anticipated transfers, other major variances to the operating budget, active and anticipated risks to the Town which may impact the operating budget, and other reports related to present or future revenues and expenses which the Council may require.

 

The motion passed 8-0-0.

 

7.8 Transfer of Appropriations

A motion was made by Lon Woods and seconded by David Yakuboff to adopt the following language:

7.8 Transfer of Appropriations

After the budget has been adopted, no money shall be drawn from the treasury of the Town nor shall any obligation for the expenditure of money be incurred except pursuant to a budget appropriation.  The head of any department, with the approval of the Manager, may transfer any unspent balance or any portion thereof from one fund or agency within his department to another fund or agency within his department.  The Manager, with the approval of the Council, may transfer any unspent balance or any portion thereof from one department to another.

 

The motion passed 8-0-0.

 

7.9 Capital Improvement Plan

Tim Tenhave noted that the proposed process is rather different from the current process.  He noted that as proposed it is more of a planning tool than a fiscal tool.  Tom Mahon noted this process could be used both as a planning and a fiscal tool.  Mr. Tenhave noted that this process as proposed would require that the Town Council create a budget and a Capital Improvement Plan at the same time.  The Planning Board should be the end of the process, not the beginning or the middle.  He noted the Capital Improvement Plan has value being done before the Budget process.  Finlay Rothhaus noted that a time frame needs to be incorporated within this process.

 

A motion was made by Peter Batula and seconded by Robert Kelley to table further discussion on this section.  The motion passed 8-0-0.

 

7.10 Purchasing Procedures

Tom Mahon noted that currently the Town Manager has the authority to waive the bid requirement.  Lon Woods questioned a contract into which a department head might enter without Town Council or Town Manager approval.  Mr. Mahon

noted that if the contract is under the limit the department head could enter into it.  Most contracts, through are signed by the Town Manager.

 

A motion was made by Peter Batula and seconded by David Yakuboff to adopt the following language:

7.10 Purchasing Procedures

(a) Purchasing and Contract Procedure

The Administrative Code shall establish purchasing and contract procedure, including the assignment of all responsibility for purchasing to the Manager or his designed and the combination purchasing of similar articles by different departments.  The Council shall establish dollar limits for purchases and contracts which must be by competitive bid and shall establish the bidding procedures.

(b) Purchasing Through State of New Hampshire of State of New Hampshire Bid Price

No competitive bids shall be required when purchasing through the State of New Hampshire or at the State of New Hampshire bid prices.

(c) Waiving of Bid Requirements

Requirements for bids may be waived in specific instances by a vote of five (5) members of the Council.

(d) Establishing Maximum Dollar Amounts For Purchases And Contracts Without Council Approval

The Council shall establish dollar amounts for purchases and contracts, over which no purchases shall be made or contracts entered into without the affirmative vote of a majority of the Council.

(e) Authority of Manager to Make Purchases and Enter Contracts

If the Council has voted to make a purchase or enter into a contract, the Manager shall carry out the vote of the Council and enter into such transaction on behalf of the Town.

 

The motion passed 8-0-0.

 

7.11 Special Assessments

Finlay Rothhaus noted he would rather leave this section out of the Charter.  Tom Mahon noted this section has to do with creating a process to require that people who benefit from a town service pay for it.  He noted this sets up a public hearing process and requires the vote of 5 Town Council members.

 

A motion was made by David Yakuboff and seconded by Fran L’Heureux to adopt the following language:

7.11 Special Assessments

When it appears either by petition or Council deliberation that the cost of a public improvement should be defrayed in part or whole by special assessment upon the property especially benefited, the Town Council shall have authority to so declare by resolution.  The Town Council shall hold a public hearing prior to enacting any special assessment resolution.  Such resolution shall state the estimated cost of the improvements, the proportion of the cost to be born by special assessment and the proportion to be born by Town general revenues.  The resolution shall designate the areas of the Town or the premises on which the special assessment shall be levied and the conditions of payment of the levy.  Adoption of the resolution shall require an affirmative vote of five (5) members of the Town Council.

 

The Town Council shall prescribe by ordinance, complete special assessment procedures concerning plans and specifications estimate of costs, notices, hearings and any other matters concerning the financing of improvements by the special assessment method.

 

The motion failed 4-4-0.

 

7.12 Depository

Tom Mahon noted that this section would allow the town to put out for bid for banking services.

 

A motion was made by Lon Woods and seconded by Robert Kelley to adopt the following language:

7.12 Depository

The Council shall approve to the Treasurer the depository or depositories for town funds and shall provide for the timely deposit of all town monies.  The Council may require such security for town deposits as it deems necessary, except that personal surety bonds shall not be deemed proper security.

 

The motion passed 8-0-0.


7.13 Bonding of Officials, Indemnification

A motion was made by Lon Woods and seconded by Fran L’Heureux to adopt the following language:

7.13 Bonding of Officials, Indemnification

Bonding

Any Town officer elected or appointed by authority of this Charter shall be bonded in an amount as required by New Hampshire State Law or dictated by prudent fiscal practice for the faithful performance of the duties of the office.  The Manager and all officers receiving or disbursing Town funds shall be so bonded.  All official bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the Town.  Such bonds shall be filed with the Town Clerk.

 

Indemnification of Officers, Board Members, and Employees

The Town shall undertake to indemnify and save harmless all its officers, officials, boards, commissions, employees, and volunteers from personal loss and expenses.  Expenses may include reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reasons of negligent acts or omissions, if the indemnified person was acting in the scope of office or employment and in good faith in accord with the provisions of New Hampshire State Law.

 

The motion passed 8-0-0.

 

7.14 Investments, Trust Funds

A motion was made by Lon Woods and seconded by Robert Kelley to adopt the following language:

7.14 Investments, Trust Funds

The Trustees of Trust Funds shall invest and account for funds under their supervision in accordance with New Hampshire State Law.

 

The motion passed 8-0-0.

 

7.15 Fiscal Control

A motion was made by David Yakuboff and seconded by Fran L’Heureux to adopt the following language:

7.15 Fiscal Control

The Administrative Code shall establish procedures governing fiscal control of all Town finances, including, but not limited to, a pre-audit of all authorized claims against the Town before payment.

 

The motion passed 8-0-0.

 

7.16 Grants, Gifts

A motion was made by Fran L’Heureux and seconded by David Yakuboff to adopt the following language:

7.16 Grants, Gifts

The Town Council may apply for, accept and expend monies received from the State, Federal, or other governmental units, or from private sources which become available during the fiscal year in accordance with RSA 31:95-b and RSA 31:95-e as the same may be amended from time to time.

 

The motion passed 8-0-0.

 

7.17 Independent Audit

Tom Mahon noted that this audit would include findings and recommendations of the auditors.  It is not required that this information be added to the town report, but this is usually done by Warrant Article.

 

A motion was made by Robert Kelley and seconded by Lon Woods to adopt the following language:

7.17 Independent Audit

Independent compliance and financial audits shall be made of all accounts of the Town at least annually and more frequently if deemed necessary by the Town Council.  Such audits shall be conducted according to auditing procedures of the American Institute of Certified Public Accountants, the National Committee on Government Accounting, and other such procedures which may be necessary under the circumstances, by certified public accountants experienced in municipal accounting.  Summaries of the results of such audits, including findings and recommendations and any management letters, shall be made public.  At least once every 5 years the Town Council shall change auditors.  An annual report of the Town’s business for the preceding year shall be made available to the public not later than 90 days after the close of the fiscal year.

 

The motion passed 8-0-0.

 

7.18 Appropriations after adoption of budget

A motion was made by Peter Batula and seconded by David Yakuboff to adopt the following language:

7.18 Appropriations after adoption of budget

No appropriation shall be made for any purpose not included in the annual budget as adopted, unless approved by a vote of five (5) members of the Council after a public hearing.  The Council shall, by resolution, designate the source of any money so appropriated.  This provision shall not apply, however, to emergency appropriations adopted pursuant to Article 4.5 of this Charter.

 

The motion passed 8-0-0.

 

7.19 Town Treasurer

A motion was made by Peter Batula and seconded by David Yakuboff to adopt the following language:

7.19 Town Treasurer

The Town Council shall appoint, based on merit and fitness, a Treasurer who shall have the powers and duties prescribed by this Charter and New Hampshire State Law, provided, however, that in making investments of Town funds the Town Treasurer shall follow the written investment policy as adopted or modified by the Town Council.

 

A Deputy Treasurer may be appointed in accordance with New Hampshire State Law.

 

An amendment was made by Finlay Rothhaus and seconded by Fran L’Heureux to change this position from appointed to elected. 

 

Peter Batula noted he would hate to see someone elected who was not qualified to hold the position.

 

The amendment failed 4-0-0.

 

Tom Mahon noted that there is no term indicated in this wording.

 

A motion was made by Lon Woods and seconded by Fran L’Heureux to table action on this section.  The motion passed 7-1-0.

 

Mr. Mahon noted this tabling would give the Commission time to clean up the language and to include a term.  It will be brought back to the table.  If the position is elected a term must be specified, if the position is appointed it can be an open-ended appointment. 

 

Tim Tenhave noted there is no definition of a deputy treasurer or the duties of this official.  Mr. Mahon noted that this position and its duties are defined by state law.  The decision to pay these officials is at the discretion of the Council.  He noted he would bring back a proposal for the next regular meeting.

 

A motion was made and duly seconded to remove this section from the table.  The motion passed 7-1-0.

 

A motion was made by David Yakuboff and duly seconded to have an appointed Town Treasurer. 

 

Tim Tenhave noted that he sees no reason to change this from the current procedure.  If necessary, this can be changed at a later date.

 

The motion failed 2-6-0.

 

A motion was made by Finlay Rothhaus and seconded by Fran L’Heureux to make the Town Treasurer an elected position.  The motion passed 6-2-0.

 

A motion was made by Tim Tenhave and seconded by Fran L’Heureux to adopt the following language:

7.19 Town Treasurer

A. A Town Treasurer shall be elected at a Town election by the voters of the Town by ballot pursuant to the applicable provision of New Hampshire State Law.  The Town Treasurer shall have the powers and duties prescribed by this Charter and New Hampshire State Law; provided, however, that in making investments of town funds the Treasurer shall follow the written investment policy as adopted or modified by the Town Council, acting with the advice of the investment advisor.

B. A Deputy Treasurer may be appointed in accordance with New Hampshire State Law.

 

The motion passed 6-2-0.

 

Article XI – Transition

11.1 Effective Date

A motion was made by Peter Batula and seconded by Fran L’Heureux to adopt the following language:

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.

 

The motion passed 8-0-0.

 

11.2 Council, Town Clerk/Tax Collector and Moderator

 A motion was made by Lon Woods and seconded by Robert Kelley to adopt the following language:

 

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.

 

The motion passed 8-0-0.

 

11.3 Special Election

A motion was made by Fran L’Heureux and seconded by Lon Woods to adopt the following language:

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.

 

The motion passed 8-0-0.

 

11.4 Abolition of Certain Boards and Officials

A motion was made by Lon Woods and seconded by Peter Batula to adopt the following language:

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

 

The motion passed 8-0-0.

 

11.5 Continuation of Government

A motion was made by Lon Woods and seconded by Robert Kelley to adopt the following language:

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.

 

The motion passed 8-0-0.

11.6 Continuation and Compensation of Personnel

A motion was made by Finlay Rothhaus and seconded by Fran L’Heureux to adopt the following language:

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.

 

The motion passed 8-0-0.


11.7 Transfer of Records and Property

A motion was made by Peter Batula and seconded by Robert Kelley to adopt the following language:

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.

 

The motion passed 8-0-0.

 

11.8 Effect on Obligations, Taxes, and Other Legal Acts

A motion was made by Lon Woods and seconded by Fran L’Heureux to adopt the following language:

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.

 

Questions from the Press

There were no questions from the press at this time.

 

Public Comments

There were no comments from the public at this time.

 

Approve Minutes

October 18, 2005 – A motion was made by Tim Tenhave and seconded by Fran L’Heureux to approve the minutes of October 18, 2005 as presented.  The motion passed 8-0-0.

 

Commission Member Comments/Remarks

Schedule - Upon questioning Tom Mahon noted that the Commission only has Articles 7 and 10 left to complete.  He noted that the Commission is not in bad shape at this point.  He also noted that it would be advisable for the Commission to have a business meeting at the end of the Public Hearing scheduled for next week, November 8, 2005.

 

Adjourn – A motion was made by Lon Woods and seconded by Robert Kelley to adjourn the meeting at 9:55 PM.  The motion passed unanimously.

 

 

Respectfully submitted,

Rita Carlton, Recording Secretary