Salisbury Charter Committee

Minutes of Regular Meeting

Tuesday, July 7, 2009

 

 

Members Present:  Bob Carroll (BC); Mike Gilbert (MG); Robert Straubel (RS); Jim Dondero (JD); Harold Congdon, arrived 7:35 PM (HC); Mary Cuddire (MC); Ed Hunt (EH)

 

Member(s) Absent:   None

 

Visitors:  Wilma McDonald (WM), Town Clerk; Don Beaulieu, Selectman (arrived 8:30 PM)

 

Chairperson Opens Regular Meeting at 7:05 p.m.

 

  1. Old Business
    1. Further Discussion of Salisbury Charter § 6-2

                                          i.    MG suggested during the committee’s June 30, 2009 meeting that § 6-2 needed to be revised to include the Whittier Vocational School District agreement, and he would provide the appropriate wording.  MG now moves:  To recommend that the heading to Salisbury Charter § 6-2 be changed to read “Regional School District Budgets” and the wording of this section be changed to read “The Triton Regional School District Committee and the Whittier Regional Vocational School District Committee shall create and submit their budgets in accordance with their respective regional district agreements and state law” –JD seconds – vote in favor 6-0 (unanimous).

    1. Further Discussion of Salisbury Charter § 6-6

                                          i.    MG moves -  To recommend that Salisbury Charter § 6-6 (a) be changed by the insertion of the words “and posting electronically and in print” after the word “newspaper” – JD seconds – vote in favor 6-0 (unanimous).

 

  1. Approval of June 30, 2009 Meeting Minutes
    1. MG moves to amend the minutes by adding paragraph 4 M.iii to read: MC suggests that the Committee recommend adding the words “electronically or in print” to § 7-9 (c).  MC also moves that this change be recommended by the Committee – JD seconds – vote in favor 6-0 (unanimous).
    2. MG moves to approve the minutes as amended – JD seconds – vote in favor 6-0 (unanimous)

 

  1. Discussion with Wilma McDonald, Town Clerk
    1. Discussion of future schedule

                                          i.    BC reviews with WM and the Committee the remaining schedule of meetings and benchmarks for preparing the list of recommended changes and placing the changes on the warrant for fall town meeting.  WM notes that the warrant opens on 9/5/2009 and closes on 9/25/2009.

    1. BC asks WM:  Who appoints the Town Clerk?

                                          i.    WM:  The Town Manager appoints the Town Clerk.

    1. BC asks WM:  Who does the Town Clerk report to?

                                          i.    WM:  The Town Charter (§ 5-7 (a)) states that the Town Clerk is under the direction of the Director of Finance and Administration; however, on matters other than those relating directly to finance, she frequently  works directly with the Town Manager.

                                        ii.    The Committee agrees to discuss this issue with the Town Manager

    1. BC asks WM:  What is the Town Clerk’s opinion of combining the Historical Commission and the Pike School Trust?

                                          i.    WM believes that combining the two entities appears to be a good idea

                                        ii.    WM does not know if there is a formal trust agreement for the Pike School; she does not have a copy.

                                       iii.    If there is a dedicated trust fund for the Pike School, these funds should not be co-mingled with Historical Commission funds.

    1. Discussion regarding Salisbury Charter § 3-1 (g) (2), “Recall of Elected Officers”

                                          i.    WM submits a timeline of the process to simplify the understanding of the process.

                                        ii.    Generally, although the process is cumbersome, it is similar to the process in most other towns, based upon WM’s research.

                                       iii.    Because the number of registered voters is continually changing, WM suggests that the Committee recommend revising the Salisbury Town Charter by adding the words “as of the last regular election” to the end of the second paragraph in § 3-1 (g)(2).

                                       iv.    The Commonwealth requires 51 days for candidates to file their petitions for election.  Therefore, in order to bring the recall procedure into conformance with this time period, WM suggests that the Committee recommend the following change to the Salisbury Town Charter:  In § 3-1 (g)(3), change the time period in which the special election shall be held from “not less than twenty-five days, nor more than thirty-five days” to “not less than sixty days, nor more than seventy days”.  MG suggests that the Committee recommend changing the words “if a regular annual town election is to be held within sixty days” to “if a regular annual town election is to be held within ninety days”.

                                        v.    In order to clarify the intent of Salisbury Charter § 3-1 (g)(2), RS  suggests recommending that the last words in the first sentence be changed from “ may be filed with the Town Clark.” to “shall be filed with the Town Clerk.”

    1. Discussion of Salisbury Town Charter § 2-7 (c) “Initiation of Warrant Articles”

                                          i.    WM suggests, in order that the Charter wording accurately reflect current practice, the Committee recommend that the second sentence of § 2-7 (c) be changed from “Whenever a Special Town Meeting is to be called, the Board of Selectmen shall give notice at least forty-five days prior to the calling of a Special Town Meeting by publication in a local newspaper of such intention, except as otherwise provided by statute, and shall, by delivering to the address of record of each Town Officer and chairpersons of multiple member bodies, notify all town agencies of its intention to do so.” to “Whenever a Special Town Meeting is to be called, the Board of Selectmen shall give notice at least forty-five days prior to the calling of a Special Town Meeting by publication in a local newspaper and electronically of such intention, except as otherwise provided by statute.”

    1. EH asks WM if the current Town Manager designates his substitute when the Town Manger is on vacation or otherwise out of the office.

                                          i.    WM says that he does not designate anyone to substitute in his capacity during an absence.

                                        ii.    The Committee believes that the Town Manager should designate a substitute and will discuss this issue with the Town Manager when they meet with him.

    1. MG asks WM if she has a copy of the capital improvement program as required in Salisbury Charter § 6-9.

                                          i.    WM says that she does not have a copy of the capital improvement program available in her office.

                                        ii.    RS notes that the Salisbury Charter section referred to does not require the actual capital improvement program be available, but only that a summary of the program as adopted by Town Meeting be available.

                                       iii.    The Committee believes that a detailed summary of the capital improvement program be printed for Town Meeting and be made available after its approval; the Committee will discuss this issue with the Town Manager.

 

  1. Discussion of suggested changes to Article 7 (General Provisions) received by email
    1. Selectman Jerry Klima suggests that the Committee recommend that the words “or e-mail” be inserted between the words “notice” and “delivered” in the second sentence of Salisbury Charter § 7-9 (a).  The Committee will vote on this suggestion at its next meeting.
    2. The Committee discusses Mr. Klima’s second suggestion regarding Salisbury Charter § 7-9 (e) and decides to take no action as it appears that the restriction contemplated in this section is currently followed by town committees.

 

  1. Vote on recommended changes to Article 6 (Finance and Fiscal Procedures) and Article 7 (General Provisions)
    1. Salisbury Charter § 6-3

                                          i.    JD moves - that the Committee recommend adding the words “both electronically and in print” to the end of the paragraph – MG seconds – vote in favor 7-0 (unanimous)

    1. Salisbury Charter § 6-6

                                          i.    JD moves - that the Committee recommend adding the words “published electronically and in print” in place of the word “available” in Salisbury Charter § 6-6(c) – MG seconds – vote in favor 7-0 (unanimous)

    1. Salisbury Charter § 6-7

                                          i.    MC moves - that the Committee recommend striking the last sentence in the first paragraph of the section and replacing it with “It shall include:” – JD seconds - vote in favor 7-0 (unanimous).

    1. Salisbury Charter § 6-9

                                          i.    MG moves - that the Committee recommend adding the words “electronically and in print” after the word “available” JD seconds – vote in favor 7-0 (unanimous) 

    1. Salisbury Charter § 7-9

                                          i.    JD moves - that the Committee recommend that the words “of voters in the Town of Salisbury and have” be inserted in the first sentence of § 7-9 (g) so that it reads  “All multiple member bodies, when established, shall be composed of residents in the Town of Salisbury and have an odd number of members.” MC seconds.

                                        ii.    JD moves - to amend the motion to change the word “residents” to “voters” – MC seconds – vote in favor of the motion to amend 5 (BC, JD, MC, HG, MG) – 2 (EH, RS) motion passes.

                                       iii.    vote in favor of the original motion as amended (to recommend changing the first sentence of § 7-9 (g) so that it reads  “All multiple member bodies, when established, shall be composed of voters in the Town of Salisbury and have an odd number of members.”) - 5 (BC, JD, MC, HG, MG) – 2 (EH, RS) motion passes.

    1. Salisbury Charter §7-10

                                          i.    MG moves - that the Committee recommend adding the words “electronically and” after the word “posted” in this section – JD seconds – vote in favor 7-0 (unanimous).

 

  1. Visitor Comments
    1. Mr. Beaulieu is present but has no comment. 
    2. The Committee decides to cancel its meeting on July 21, 2009 due to the perceived lack of a quorum on this date.

 

  1. Adjournment
    1. The Committee votes by acclimation to adjourn at 8:50 PM

 

 

 

 

 

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________