New Durham voters face a plethora of articles


March 01, 2011
NEW DURHAM — New Durham residents will go to the polls on Tuesday, March 8, and one day later will conduct the remaining town business at the annual Town Meeting, held at the New Durham School at 7 p.m. on March 9.

Following is the list of articles that New Durham residents will be deciding on when they vote on Tuesday and Wednesday.

Article 1 is choosing all necessary town officers for the ensuing year.

Article 2 is for the adoption of amendments to the New Durham Zoning and Land Use Ordinance and the New Durham Building Regulations proposed by the planning board as follows:

Amendment 1: Are you in favor of adopting Amendment 1 as proposed by the Planning Board for the New Durham Zoning and Land Use Ordinance as follows?

To adopt "housekeeping" amendments to Articles VI (Water Quality Protection), IX (Shorefront Conservation Area), XII (Conservation Focus Area), and XIII (Steep Slopes) of the New Durham Zoning Ordinance that bring standards and reference materials regarding stormwater practices into conformity with Article XI, the Stormwater Management Ordinance, that was adopted by the Town at 2010 Town Meeting. This amendment makes no substantive changes to the Zoning Ordinance.

Amendment 2: Are you in favor of adopting Amendment 2 as proposed by the Planning Board for the New Durham Zoning and Land Use Ordinance as follows?

To adopt amendments to Article III that requires all subdivision applications that exceed certain thresholds to participate in the Design Review process before submitting a formal application. This requirement currently applies to all Open Space Conservation Subdivision applications. It allows the planning board to give feedback and direction to the applicant before he/she invests large sums of money in engineering and survey plans. This would not affect one- or two-lot subdivisions.

Amendment 3: Are you in favor of adopting Amendment 3 as proposed by the Planning Board for the New Durham Building Regulations as follows?

To simplify and shorten the building regulations by deleting all material that duplicates the national and international codes that the town has adopted. This amendment does not make any substantive changes to the requirements for getting a building permit or building a structure. It simply eliminates duplicated language.

Article 3 is to see if the town will vote to raise and appropriate the budget committee's and board of selectmen's recommended budget amount of $2,994,140, which represents the town of New Durham's operating budget. This article does not include appropriations contained in other warrant articles. Both The board of selectmen and the budget committee recommend this article.

Article 4 is to see if the Town will vote to authorize the Selectmen to enter into a five-year lease/purchase agreement for $189,000 for the purpose of leasing a grader with wing gear for the Highway Department, and to raise and appropriate the sum of $40,332 for the first year's principal payment for the lease purchase of the grader. This lease contains a non-appropriation clause. The board of selectmen and the budget committee recommend this article.

Article 5 is to see if the town will vote to raise and appropriate the amount of $138,000 for the purchase of a highway truck with plow and wing, to approve withdrawal of $100,000 from the Highway Truck Capital Reserve Fund created for this purpose and to take the remaining $38,000 from the unreserved fund balance. The board of selectmen and the budget committee recommend this article.

Article 6 is to see if the town will vote to raise and appropriate the sum of $117,038 for the purpose of the road surface management system for 2011. This sum is to be offset by the New Hampshire State Highway Block Grant Aid. The board of selectmen and the budget committee recommend this article.

Article 7 asks the town to vote to raise and appropriate the sum of $36,955 for the purchase of a police cruiser and laptop computer, to approve withdrawal of $34,740 from the Police Cruiser Capital Reserve Fund created for this purpose and to accept a grant of $2,215 from Highway Safety for the purchase and installation of a laptop computer for the cruiser. This will replace the 2003 Ford Explorer. The board of selectmen and the budget committee recommend this article.

Article 8 asks voters to raise and appropriate the sum of $15,000 for a historic assessment of Town Hall with such sum to be offset by a $7,500 grant from the NH Land and Community Heritage Investment Program and the rest to come from general taxation. This is a non-lapsing article under RSA 32:7VI and will not lapse until Dec. 31, 2016, or until the project is completed, whichever is sooner. The board of selectmen and the budget committee recommend this article.

Article 9 asks voters to raise and appropriate the sum of $10,000 for the purpose of purchasing and maintaining a drive on scale system at the transfer station. This is a non-lapsing article under RSA 32:7VI and will not lapse until Dec. 31, 2016, or until the project is completed, whichever is sooner. The board of selectmen and the budget committee recommend this article.

Article 10 will see if the town will vote to raise and appropriate the sum of $10,000 for the purpose of purchasing, upgrading, maintaining, cleaning and monitoring of a new fuel depot system. This is a non-lapsing article under RSA 32:7VI and will not lapse until Dec. 31, 2016, or until the project is completed, whichever is sooner. The board of selectmen and the budget committee recommend this article.

Article 11 asks voters to raise and appropriate the sum of $9,000 to come from the unreserved fund balance to pay Preservation Timber Framing Inc. monies owed for the dismantling of the Boodey House. The board of selectmen and the budget committee recommend this article.

Article 12 seeks to raise and appropriate the sum of $7,500 for milfoil treatment and to approve the withdrawal of $7,500 from the Milfoil Capital Reserve Fund established for that purpose. The board of selectmen and the budget committee recommend this article.

Article 13 asks voters to repeal the Ethics Ordinance.

Article 14 asks the town to change the third bullet in the Ethics Ordinance purpose that currently reads, "We expect town officials, board members and employees to remove themselves from decision making if they have a conflict of interest or even the appearance of one," to, "We expect town officials, board members and employees to remove themselves from decision making if they have a conflict of interest.

Article 15 is to see if the town will vote to change the wording of the Ethics Ordinance Section I, Code Provisions B that discusses the duty to recuse in quasi-judicial actions.

Article 16 is a change in the Ethics Ordinance under Section IV, Complaints.

Article 17 is to see if the town will vote to move the first paragraph in the Ethics Ordinance Section IV, Complaints to a new section called Section IV: Board of Ethics, with subsequent numbering becoming Section V, Complaints and Section VI, Effective Date.

Article 18 seeks to add the terms and their definitions to Section II, Definitions.

Article 19 seeks, for clarification and consistency purposes, to make edits to the Ethics Ordinance.

Article 20 asks voters to, for explanatory purposes, vote to reorder the first two sections in the Ethics Ordinance such that they read Section I, Definitions and Section II, Code Provisions.

Article 21 asks to change a section of the Ethics Ordinance Section 1 Code provisions.

Article 22 is to see if the town will vote to change another section of the Ethics Ordinance Section 1 Code.

Article 23 asks voters to change a statement from the Ethics Ordinance Section 1 Code.

(The full text of the preceding can be found on the Warrant on the town's Web site or at Town Hall.

Article 24 asks voters to discontinue the Sidewalk Capital Reserve Fund created by Article 15 of the March 13, 2007 Town Meeting. Said funds, with accumulated interest to date of withdrawal, are to be transferred to the Town's General Fund. The board of selectmen and the budget committee recommend this article.

Article 25 is to discontinue the Addition to the New Durham Fire Station Capital Reserve Fund created by Article 10 of the March 14, 2000 Town Meeting. Said funds, with accumulated interest to date of withdrawal are to be transferred to the Town's General Fund. The board of selectmen and the budget committee recommend this article.

Article 26 asks the town to change the purpose of the Town Hall Computer Systems and Office Equipment Expendable Trust Fund created in Article 11 of the 1996 Town Meeting and amended in Article 20 of the 2000 Town Meeting to include all town department computer systems and office equipment, to change the name of the fund to the Computer Systems and Office Equipment Expendable Trust Fund, to raise and appropriate the sum of $5,000 to be deposited in the Computer Systems and Office Equipment Expendable Trust Fund, and to name the board of selectmen as agents to expend. A 2/3 majority vote is required for passage. The board of selectmen and the budget committee recommend this article.

Article 27 asks voters to rescind the provisions of RSA 31:95-c to restrict the revenues from ambulance charges to expenditures for the purpose of ambulance vehicles repairs, renovations and new purchases. Such revenues and expenditures shall be accounted for in a special revenue fund to be known as the New Durham Special Revenue Ambulance Fund, separate from the general fund. Any surplus in said fund shall not be deemed part of the general fund accumulated surplus and shall be expended only after a vote by the legislative body to appropriate a specific amount from said fund for a specific purpose related to the purpose of the fund or source of the revenue. This article is contingent on article 28 passing. The board of selectmen and budget committee recommend this article.

Article 28 is to see if the town will vote to establish a revolving fund pursuant to RSA 31:95-h for the purpose of providing ambulance services. All revenues received from ambulance fees shall be deposited into the fund and the money in the fund shall be allowed to accumulate from year to year and shall not be considered part of the town's general fund unreserved fund balance. The town treasurer shall have custody of all money in the fund and shall pay out the same only upon order of the board of selectmen. This revolving fund will be used primarily for the purchase of a new ambulance, and ambulance billing services. It may also be used for capital equipment in which the total cost of a single piece of equipment is over $10,000 and is deemed appropriate to spend by the board of selectmen. Further to raise and appropriate $155,000 to deposit into this fund with such amount to come from the general fund balance. This article is contingent on article 27 passing. The board of selectmen and budget committee recommend this article.

Article 29 seeks to raise and appropriate the sum of $291,000 to be placed in previously established Capital Reserve Funds, as follows: Expansion of the Highway Garage ($20,000); Highway Equipment ($30,000); Highway Truck ($70,000); Road Reconstruction ($171,000). The board of selectmen and the budget committee recommend this article.

Article 30 asks the town to raise and appropriate the sum of $22,000 to be placed in previously established Capital Reserve Funds, as follows: Solid Waste Equipment ($13,000); Solid Waste Facilities Improvement ($9,000). The board of selectmen and the budget committee recommend this article.

Article 31 asks voters the town will vote to raise and appropriate the sum of $52,500 to be placed in previously established Capital Reserve Funds, as follows: Public Safety ($10,000); Dry Hydrant ($2,500); Fire Truck ($15,000); Police Cruiser ($25,000). The board of selectmen and the budget committee recommend this article.

Article 32 seeks to raise and appropriate the sum of $5,500 to be placed in previously established Capital Reserve Funds, as follows: Library Facilities ($2,000); Library Technologies ($2,000); Smith Ballfield and Equipment ($1,000); 1772 Meeting House Restoration ($500). The board of selectmen and the budget committee recommend this article.

Article 33 raises and appropriates the sum of $28,500 to be placed in previously established Capital Reserve Funds, as follows: Milfoil ($7,500); Revaluation ($20,000); JC Shirley Site Improvement ($1,000). The board of selectmen and the budget committee recommend this article.

Article 34 is to see if the town will vote to raise and appropriate the sum of $57,500 to be placed in previously established Expendable Trust Funds, as follows: Accrued Employees Benefit ($3,500); Forest Fire Control Fund ($3,500); Record Management ($500); Town Building Improvement ($50,000). The Board of Selectmen and the Budget Committee recommend this article.

Article 35 asks voters to raise and appropriate $2,000 towards the costs associated with the future acquisition of the three-acre state-owned land, identified on map 251 and contained within lot 21, which is surrounded by the Shirley Land Trust. This is a non-lapsing article under RSA 32:7VI and will not lapse until the project is completed or until Dec. 31, 2016 whichever comes first. The board of selectmen and the budget committee recommend this article.

Article 36 is to conduct any other business which may legally come before the town.

New Durham Town Meeting is Wednesday, March 9, at 7 p.m. at the New Durham School. A complete copy of the Warrant is on the town's Web site.

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