"Real liberty is neither found in despotism or the extremes of democracy, but in moderate governments.
Alexander Hamilton

Friday, July 10, 2015

Unanticipated Funds

At last nights BoS meeting there was a discussion about what to do with a Premium Holiday Distribution from 2013 and 2014 from Primex for the Worker's Compensation program. The amount is significant: $46,879.09. The choices were to place the money in the General Fund to offset some large unexpected expenditures this year or take it as a credit on next years premium. Selectmen Beadle is correct that we cannot expend more money than what was approved at Town Meeting, but I did recall that there were exceptions, I just couldn't remember the circumstance's.
In the past, the Town has received unanticipated funds ( Castle in the Clouds Preservation Society, Turn up the Heat are recent examples) and at some point in the past, voted to approve  RSA 31:95-b Appropriation for Funds Made Available During Year. – The RSA reads in part:
    I. Notwithstanding any other provision of law, any town or village district at an annual meeting may adopt an article authorizing, indefinitely until specific rescission of such authority, the board of selectmen or board of commissioners to apply for, accept and expend, without further action by the town or village district meeting, unanticipated money from the state, federal or other governmental unit or a private source which becomes available during the fiscal year. ....
The RSA does provide that if the amount is over $10,000, there must be a public hearing.
So the long and short of it is that yes we can in my opinion ( and that of the NH Municipal Association ) accept a check from Primex and expend it this year if necessary.


Anonymous said...

In my opinion, I would take it as a credit to next years premium. We need to manage expenses and just taking the money in to spend it on something else is not responsible government. BTW, is there a record of when this RSA was accepted by Town Meeting in the past, as it appears that Town Meeting would have had to adopt this section to have it applicable ? Town Meeting approved a budget.....the government needs to operate within it. Simple....... If there are major unanticipated items, then call a Special Town Meeting to deal with them. I don't recall anything that said to spend the full budget and then if you get some extra money, spend it as you like.

Joe Cormier/jcormier2@myfairpoint.net said...

Since/if the warrant article passed in the past, then:

"... and expend, without further action by the town..."

" III. (a) For unanticipated moneys in the amount of $10,000 or more, the selectmen or board of commissioners shall hold a prior public hearing on the action to be taken. Notice of the time, place, and subject of such hearing shall be published in a newspaper of general circulation in the relevant municipality at least 7 days before the hearing is held. "

Blogger appears to be a correct!

RSA 31:95-B

Anonymous said...

As I read the RSA, it says "........any town or village district at an annual meeting may adopt an article authorizing, indefinitely until specific rescission of such authority, the board of selectmen or board of ....." Seems to me this says that the Town Meeting at some place had to adopt the RSA...my point was...did they? I agree, that if it was passed prior to this and not rescinded, then they can move forward after a public hearing.

Joe Cormier/jcormier2@myfairpoint.net said...

Heading out the door, and don't have the time, right now, to research which Annual Town meeting. Probably will when I get back tonight.

The BoS minutes indicate, in the past, the BoS invoked the RSA.

For starters:

A (quick) list of the towns that held public hearing to “ACCEPT” unanticipated funds:


Joe Cormier/jcormier2@myfairpoint.net said...

The wife's not ready so a bit more time.

1994 Annual Meeting per Mocavo


1994 Moultonborough Annual Report per UNH Library

page 21 Article 35; I believe it passed... but wife just said she's ready to go ... bye!


Moultonboro Blogger said...

1994 Town Meeting Article 35

Joe Cormier/jcormier2@myfairpoint.net said...

It should be noted that not only is Article 35 listed as the warrant article accepting RSA 31:95-b,the top of the page states articles 35 thu 50 were accepted and approved, except article 40, and were voted in the affirmative.

Done Deal said...

Use the extra money to pay real estate commissions to sell the Lions Club property that the town owns and to sell the Adele Taylor property that the town owns or to sell the 100 acres of land that the school department owns and does not use.

Town Hall Junkie said...

Done Deal, Let's be a little careful about the Lions Club building. Many. Organizations use it, it has good handicap access, and no kids around. If the town replaces it, the Moult Mission Creep will blow 3 to 6 mil for another. Use what we have, do NOT force a replacment.

Anonymous said...

Get serious people. Done Deals comment is nonsense.

Grumpy loves SB2 said...

Done Deal may have a good point. Town Hall Junkie points out the obvious consequences of selling the taxpayer owned property (TOP) referred to as the Lions Club. However, if one reads ALL the documents in the sale of that property to the taxpayers of Moult. they will see that ALL the income from renting the TOP goes directly to the main tenant, the Lions Club. Since when does a tenant receive the benefit that runs with OWNERSHIP? It is a good property with good access and all that. But the folks who crafted the deal were using the taxpayer to subsidize the club at best, and in the smoky back room deal that we still pay for, worked for their own wants and needs at the worst. A legacy for the Lancor/Crawford years that we'll be paying for for years to come.
As we approach the end of the original lease and will have to at least sign a new one with new dates, I would strongly suggest that the TAXPAYER representatives (that'd be the BoS) give the Lions a lease that is much more standard to the relationship of the lessee/lessor. The town is responsible for the maintenance (and replacement if needed to keep the Lions housed "in perpetuity") BUT the club retains ALL income from the rental thereof. That folks is just wrong