After nearly 10 years, some language in the Bedford Town Charter is about to be changed, with voter approval.

A public hearing on proposed changes to the Town Charter takes place Wednesday, Jan. 9, at 7 p.m., at the Bedford Meeting Room, BCTV Studio, 10 Meetinghouse Road, in addition to a review of a proposed $12 million road bond and the 2008 budget.

Changes to the Town Charter stem from a disagreement in interpretation over how many votes are required before the Town Council can take action.

The controversy occurred during the appointment of a new town councilor to replace Bill Van Anglen, who resigned in May.

While the council was trying to agree on one candidate, resident Roy Stewart stepped in saying the council was taking too long, and the decision should be made by majority vote, which would have been enough to appoint former councilor Dave Danielson to the open seat by a 4-2 vote. The council, however, said it needed a super-majority vote to make an appointment.

As the controversy continued, the council appointed Bill Jean, who is serving out the term until the March 11 elections.

In a settlement of a lawsuit brought by Stewart, the Town Council is now required to clarify certain sections in the Town Charter to ensure consistency and avoid future confusion.

The Town Charter was adopted in 1987, and had been amended in 1988, 1989, 1993 and 1998, said Town Manager Russ Marcoux.

“The first few years with a charter you get some tweaking done, then there’s a lull,” said Marcoux. “From 1987 to today, the form of government has worked. To have gone 10 years without running into problems is pretty good.”

Proposed changes
The Town Charter currently says, “Vacancies occurring in the office of Councilor at any time shall be filled by appointment, until the next regular election, by the Council at its next regular meeting, by majority vote of five Councilors.”

The intention of the amendment is to use the same language throughout to ensure consistency in the interpretation of the sections, said Marcoux.

The proposed changes will correct the existing language requiring a super-majority vote by replacing the words, “Affirmative vote of five councilors,” and would affect the following sections in the charter:

• Filling vacancies on the Town Council (Section 1-3-5);
• Appointment of a town manager (Section 1-4-1);
• Determination by council that town manager is incapacitated (Section 1-4-4);
• Authority of council to overrule the town manager in discipling a department head (Section 1-4-6);
• Authority of council to incur debt (Section 1-5-11(a)); and
• Waiving competitive bid requirements (Section 1-5-12(c)).

The changes would amend six out of nine voting requirement references in the charter.

The other three sections – the calling of a special meeting; adoption of emergency ordinances; and removal of the town manager – already say by “affirmative vote of five councilors,” said Marcoux.

The proposed changes will be explained at the Wednesday, Jan. 9, public hearing.

Proposed amendments will be presented to voters on the March 11 town ballot. To view the current Town Charter, visit the town’s Web siite www.bedfordnh.org. On right sidebar go to Town Offices, then to Town Council page and scroll down to read the Town Charter.

Road bond and 2008 budget
On Jan. 9, the Town Council will hold public hearings on 2008-09 $20.5 million budget, the proposed $12 million road bond and Town Charter amendments.

The budget reflects a 3.8 percent, or 14 cent, increase over last year. Public hearings on the budget and the road bond will continue on Wednesday, Jan. 23.

The budget then goes to Budgetary Town Meeting on Wednesday, March 5. The road bond will appear on the March 11 ballot.