SALISBURY PLANNING BOARD

Salisbury Charter Review Committee

Minutes of Regular Meeting

Tuesday, July 14, 2009

Members Present: Bob Carroll (BC); Mike Gilbert (MG); Robert Straubel (RS); Jim Dondero (JD); Mary Cuddire (MC); Ed Hunt (EH)

Member(s) Absent: Harold Congdon

Visitors: Neil Harrington (NH); Don Beaulieu, Selectman (arrived 8:58 PM)

Chairperson Opens Regular Meeting at 7:00 p.m.

1. Old Business

a. None

2. Approval of July 7, 2009 Meeting Minutes

a. MG moves to amend the minutes by changing the word “intend” in paragraph 3.e.v to “intent” – RS seconds – vote in favor 6-0 (unanimous)

b. MG moves to approve the amended minutes – RS seconds – vote in favor 6-0 (unanimous).

3. Discussion with Neil Harrington, Town Manager

a. BC has reviewed past minutes and compiled a list of questions to be asked of the Town Manager.

i. Is there a “Salary Administration Plan” as referenced in Salisbury Charter § 4-1? Answer: No, most salaries are determined by union contract, so there’s no need for a written plan. JD moves to recommend that the third sentence of Salisbury Charter § 4-1 be deleted in its entirety – MG seconds – vote in favor 6-0 (unanimous).

ii. Are written annual employee evaluations being done? Answer: Not at present, but ~~they~~ ~~will be~~ they will be done. MG suggests that the town does not need a personnel bylaw at this time, and the Committee agrees.

iii. Does the town manager appoint an acting town manager as called for in Salisbury Charter § 4-4? Answer: No. NH would like to see the wording of this section changed to be less compulsory; the Committee believes that the Town Manager should follow the current Salisbury Charter § 4-4 wording and appoint an acting town manager as necessary.

iv. What is NH’s opinion on the Committee’s recommendation that only town voters be allowed to serve on town committees and boards? Answer: NH has no objection to this change.

v. Do the selectmen approve and sign all grant applications as called for in Salisbury Charter § 4-2(s)? Answer: The selectmen do not sign all grant applications before they are submitted to the granting authority, but the selectmen are made aware of of all grants being requested by the town. EH would like to see that all grant applications that require matching or future expenditures by the town be submitted to the selectmen before they are submitted to the granting authority. MG moves that the Committee recommend that the words “Once drafted, all grant applications shall be submitted by the Town Manager to the Board of Selectmen for their approval and signature” found in Salisbury Charter § 4-2 (s) be replaced with the words “Once drafted, the Town Manager shall notify the Board of Selectmen of all grant applications and shall submit for their approval all grant applications requiring a financial commitment from the Town” – JD seconds –vote in favor 6-0 (unanimous)..

vi. Are copies of all appointments posted on the town bulletin board and submitted to the Board of Selectmen as called for in Salisbury Charter § 4-2 (b)? Answer: All appointments are submitted to the Board of Selectmen but they are not posted on the bulletin board. JD moves - that the words “posted on the town bulletin board and” be removed from Salisbury Charter § 4-2 (b) – MG seconds – vote in favor 6-0 (unanimous)..

vii. Should town employees be allowed to serve on town boards and especially should they be allowed to serve on town boards that administer the departments in which they work? Answer: Generally, town employees should not be serving on town boards and committees except for ad hoc committees. MG cites example of the Harbor Commission and Board of Assessors as two boards that have employee members and this may give the appearance of unprofessionalism. JD moves to recommend adding the words “Town employees shall not be members of a multiple member body subject to policy or guidance of the board they serve or wish to serve on.” to the end of Salisbury Charter § 7-9 (g) – MG seconds. NH suggests amending the motion to include the words “Notwithstanding the foregoing, not more than one member of the Board of Assessors may be a town assessor.” MG moves to add the words suggested by NH – RS seconds – vote in favor of the amendment 2 (RS, MH MG) – 4 (RC, MC, JD, EH) – motion to amend fails. Vote in favor of main motion – 5 (RC, MC, JD, EH, MG) – 1 (RS) – motion passes.

viii. After reviewing the wording, does NH have any comments regarding the Committee’s recommendation to add Salisbury Charter § 4-2 (u) regarding emergency management? After discussion, NH is satisfied that the emergency management director will continue to provide the necessary expertise in the event of an emergency and the Town Manager will make the necessary decisions.

ix. Would it be beneficial to have questionable warrant articles submitted to town counsel prior to town meeting? Answer: Town counsel reviews entire warrant before town meeting and gives opinion on any questionable articles. The moderator can then allow changes recommended by counsel to be made on the floor.

x. Should the Board of Selectmen rather than the Town Manager appoint the Board of Health? MC, who originally asked this question, is no longer concerned about the procedure as the Board of Health is not a policy-making board.

xi. Is it advisable to combine the Pike School Trustees and the Historical Commission? Answer: NH believes that this is possible, and has done some research and discovered that the there is now $4,300 in the Pike School Trust Fund; however, there is no trust agreement on file. Town meetings in 1977 and 1978 approved $1,000 appropriations to the fund, but never set up a trust. JD moves - that the Committee recommend that all references in the Salisbury Charter to the Pike School Trust be removed and that the Committee file a warrant article to merge the Pike School Trustees into the Historical Commission giving the Historical Commission the power to expend funds on behalf of the Pike School with the further provision that the Pike School Trust funds be maintained in an account separate from the Historical Commission - MG seconds – vote in favor 6-0 (unanimous)..

xii. Does the Town Manager review payment warrants as required by Salisbury Charter § 6-8? Answer: Yes, NH reviews the warrants that are prepared by the financial officer from payment vouchers that are submitted by department heads. The Board of Selectmen approves all warrants. Mr. Beaulieu says that the Board of Selectmen now records each warrant vote. NH believes this system is satisfactory.

xiii. Can references to the Sewer Advisory Board, which no longer exists, be removed from the Salisbury Charter without a warrant article? Answer: NH believes that the Committee can do this.

xiv. Should the annual review of the Town Manager’s performance called for in the third paragraph of Salisbury Charter § 4-1 take place at the end of the fiscal year rather than the anniversary date of the commencement of the Town Manager’s contract? Answer: NH say that as far as he is concerned, no change is needed because his anniversary month is in May, so the review coincides with the fiscal year. In order to make the Charter more adaptable to future Town Manager contracts, MG moves - to replace the words “no later than the end of the anniversary month of the Town Manager’s commencement date under the existing contract” found in the third paragraph of Salisbury Charter § 4-1 with “in accordance with his or her contract” – JD seconds – vote in favor 6-0 (unanimous).

xv. JD asks if NH has any objections to providing a copy of the capital improvement plan to the Town Clerk for public access as required by Salisbury Charter § 6-9? Answer: NH believes this procedure can be followed in the future.

b. BC reviews the upcoming schedule of the Committee with NH.

4. Vote on recommended changes to various articles

a. Salisbury Charter § 3-1 (g)(2)

i. JD moves - that the Committee recommend adding the words “as of the last regular election” to the end of the second paragraph – RS seconds – vote in favor 6-0 (unanimous).

b. Salisbury Charter § 3-1 (g)

i. MG moves – that the Committee recommend to change the words “not less than twenty-five days, nor more than thirty-five days” found in paragraph (3) to “not less than sixty days, nor more than seventy days” and to change the words “if a regular annual town election is to be held within sixty days” found in paragraph (2) to “if a regular annual town election is to be held within ninety days” – JD seconds – vote in favor 6-0 (unanimous).

ii. JD moves - that the Committee recommend that the last words in the last sentence of paragraph (2) be changed from “ may be filed with the Town Clark.” to “shall be filed with the Town Clerk.” – MG seconds - vote in favor 6-0 (unanimous).

c. Salisbury Charter § 2-7 (c)

i. MC moves - that 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.” – JD seconds – vote in favor 6-0 (unanimous).

d. Salisbury Charter § 7-9 (a)

i. MG moves - 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) – JD seconds – vote in favor 6-0 (unanimous).