State of New Hampshire

Town of Atkinson

2010 Town Meeting Deliberative Session Minutes

 

The inhabitants of the Town of Atkinson in the county of Rockingham, in said state, qualified to vote in Town affairs were notified that the first session (deliberative) of the annual meeting of the Town of Atkinson on Saturday, 30th of January, at 10:00 a.m. They were told that warrant articles may be amended at this session per RSA 40:13, IV, with the exception of Warrant Articles whose wording is prescribed by law and cannot be amended per RSA 40:13, IV a. Warrant Articles that are amended shall be placed on the official ballot for a final vote on the main motion as amended.

They were further notified that the second session of the annual meeting of the Town of Atkinson on Tuesday, March 9th, at 7:30 a.m., for the choice for Town officers elected by official ballot, to vote on the questions required by law to be inserted on the official ballot, and to vote on all warrant articles from the first session on official ballot per RSA40: 13, VII. The polls for the election of town officers and other actions required to be inserted; on said ballot will open on said date at 7:30 a.m. in the forenoon and will not close until 8:00 p.m. in the evening.

Present: Moderator, James M. Garrity and Assistant Moderator John L. Hayes; Selectmen, Chairman, Fred J. Childs Jr., Selectman William G. Friel and Selectman William M. Bennett; Town Administrator Philip Smith; Town Clerk, Rose M. Cavalear, Deputy Town Clerk, Bonnie L. Jordan; Supervisors of the Checklist, Laura A. Lipfert, Martha E. MacDonald and Patricia A. Mangini; Budget Committee, Chairman, James C. Blackadar, Vice Chairman, David H. Paquette, Harold J. Morse, Steven Giangregorio, Fredrick L. Thompson and a total of 123 Registered voters throughout the day. Also present were non-voters including a reporter, a soundman and our Cable Coordinator, David Williams.

Proceedings: The Moderator called the meeting to order at 10:00 a.m., welcoming everyone including the residents, who were watching at home. The Moderator asked that we all rise for an invocation from Pastor Frank Haggarty, of the Pentucket Baptist Church on East Road.

The Moderator asked that John Hayes, a Vietnam Veteran, come and lead the Pledge Allegiance and told the voters that he was the Assistant Moderator.

The Moderator stated that there were Moderator rules and other information, along with a flyer for the H1N1 Flu vaccine on the back table.

The Moderator went over the Moderator’s rules. He read the following rules: 3,6, 7,8,9,10,11,12,13,18,20, 22, and also the quotes at the bottom of the list.

2010 Town of Atkinson Deliberative Session

Moderator’s Rules

Prepared by James Garrity - Moderator

All registered voters of the Town of Atkinson must check-in with the Supervisors of the Checklist prior to participating in the deliberative session. (Registered voters of the Town of Atkinson that participate in the deliberative session form the "legislative body" for the town.)

Voters requiring assistance to vote during deliberative session must meet with the Moderator prior to the start of the meeting to take an oath per RSA 659:20.

Only registered voters of the Town of Atkinson are allowed to speak in the deliberative session, except that non-resident Town employees, officials and consultants or experts who are at the Meeting to provide information about an Article will be allowed to speak with the Moderator’s approval.

Only those articles that can be legally acted upon by the deliberative session will be discussed. If appropriate, the Moderator will entertain a motion to discuss other articles for a specified time and for educational purposes only. (e.g. Zoning articles, election of town officials, and articles specifically restricted from amendment in the RSA.)

Before discussion by the body can begin, a motion, and a second, must be made. Deliberation will end with a vote.

To address the body, ask a question, or make a motion, all participants must come to the microphone (waiting their turn in line). Motions called out from the floor will not be recognized by the Moderator. (If you have a disability that would prevent you from coming to the microphone, please let the Moderator know in advance and someone will bring a portable microphone to you when it is your turn to speak.)

When the Moderator recognizes you, please come to the microphone, and state your name and the street you live on before addressing the body.

All questions or comments must be directed to the Moderator, rather than to individual officials, committee members or audience members. All speakers must be courteous and must speak to the issues, not the individuals raising them. The Moderator will not allow personal attacks or inappropriate language.

The Moderator will make every effort to give all who wish to do so, the opportunity to speak on each article or amendment. If appropriate, the presenter of the article will speak first, and then the Moderator will recognize speakers, in order, lined up at the microphone. (The presenter of a petitioned article should identify themselves to the Moderator prior to the meeting so that they may have the opportunity to be granted permission speak first.) The Moderator may also give consideration to allowing a representative of the opposition to speak second; again only if they identify themselves to the Moderator prior to the meeting and are granted permission.

When it is your turn to speak at the microphone, and once you are recognized by the Moderator, you may address the body. Your statements must be limited to the motion on the floor. If you plan to make a motion (or amendment), you MUST make the motion prior to addressing the body. Once you have addressed the body, you may NOT make a motion (you will have to wait in line again to make your motion).

A participant may have a second chance to speak on an article but only after all other participants have spoken at least once.

Participants should try to speak for roughly 3minutes each time they are recognized by the Moderator. More than 3-5 minutes speaking time will be allowed by pre-agreement with the Moderator, and usually only in the case of the presenter of the article. Please do not abuse this privilege.

The body may cut off discussion on an article with a motion (and second) to "call the question". A 2/3 affirmative vote is necessary to call the question and a call itself is not debatable. If the motion to "call the question" passes, a vote will be held on the motion being discussed just prior to the motion to "call the question". The Moderator reserves the right to disallow a motion to call the question if sufficient debate has not taken place. Please do not abuse this privilege.

All substantive motions and amendments must be in writing (printed neatly) and given to the Moderator. (In all motions or amendments, try to avoid situations where a negative vote is needed to express a positive intent.)

Only one amendment on the floor at a time will be allowed. (No amendments to amendments.)

Amendments can alter the intent of the article printed in the official warrant provided the amended article relates to the general subject matter of the original article (a recent NH Supreme Court ruling goes even further stating that the entire subject may be deleted).. Articles that specify an appropriation may be amended up or down (including "zeroed out"). (See RSA 40:13 IV & RSA 39:2, as well as case law: Pittsburg v. Danforth, 56 N.H. 272 (1875), Sawyer v. Railroad, 62 N.H. 135 (1882))

At the discretion of the Moderator, voting will be voice vote, show of hands (holding colored card for visibility) or, if legally requested, secret ("yes/no") paper ballot.

A petition for secret ballot must be submitted in writing prior to the vote, by at least five (5) petitioners. The five petitioners must be present when the petition is submitted. (See RSA 40:4-a)

If the body does not amend an article, by RSA 40:13 VI, it will automatically move to the Official Ballot as printed on the warrant. Using a motion, second, as well as voting, is done strictly to provide structure and flow to the deliberative session.

A voter may challenge any ruling by the Moderator (motion with second). The Moderator will then poll the participants. (To do this, say "Mr. Moderator I move to challenge your decision" You will be recognized and asked to come to the microphone to state your name, address, and make your motion again so all can hear it.) The Moderator may be overruled by a simple majority vote. (See RSA 40:4 I)

Each article remains open for further action until the moderator moves to the next article. A motion (and second) to reconsider a previous article can be made and if it passes, the article is re-opened.

A motion to limit reconsideration can be made only on articles already acted on by the body. (A motion to limit reconsideration on all previous articles, or a group of articles identified by number, can be made.)

Anyone violating the rules or orders of the Moderator will be considered out of order. Continued violation will be considered "Disorder" under RSA 40:8.

No substantive actions may be taken under the "any other business" article. Votes of appreciation or recognition may be taken, and the Moderator will only call for ayes. (See RSA 39:2)

Food for thought.

"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat."

-Theodore Roosevelt

Mean what you say. Say what you mean. Don’t say it mean.

The Moderator discussed the Right to Know laws. He stated that cameras and tape recorders would be allowed, but the operators must be sure not to bother anyone with them. He went over the procedures of how he would run the meeting. He spoke about the process for using a secret ballot. Explaining that our Town is a Senate Bill 2 Town and why we deliberate what is in the Warrant Articles, which will be printed on the ballot and voted on at Town Meeting March 9, 2010.

The Moderator introduced the Governing Body and directed non- voters to sit in the area provided.

The Moderator read the list of candidates that would be placed on the March ballot. He spoke about the upcoming Timberlane School District Deliberative Session and how important that the voters go to that Deliberative Session.

Article 2010-01: Choose officers for the coming year.

The Moderator explained to the voters that while most officials were elected by ballot, the Surveyors of Wood and Lumber and the Fence Viewers are elected here, during Deliberative Session.

He read the slate from last year for Fence Viewers: Susan Killam, Robert Stewart and Kenneth Grant.

Harold Morse motioned to move the same slate, Mr. Friel seconded.

There were no other nominations from the floor and last years Fence Viewers: Susan Killam, Robert Stewart and Kenneth Grant were reelected.

The Moderator read the slate from last year for Surveyors of Wood and Lumber: Marty Feuer, John Feuer and Edward Stewart.

Mr. Friel motioned to move the same slate, Mr. Blackadar seconded.

There were no other nominations from the floor and last years Surveyors of Wood and Lumber: Marty Feuer, John Feuer and Edward Stewart were reelected.

The Moderator explained that Article 2010-2 through Article 2010-8 are Planning and Zoning articles and that we didn’t need to take any action on these articles. He said we would be starting with Article 2010-09.

 

Article 2010-2 Are you in favor of an Amendment to the Zoning Ordinance to afford additional protection to wetlands by classifying West Sawmill Swamp, East Sawmill Swamp, and Hovey Meadow Wetland (as delineated in the 2003 Atkinson Prime Wetland Study) as Prime Wetlands.

Existing text:

410.10 Prime Wetlands (2009)

The following four wetlands are designated prime wetlands according to the requirements of RSA 482-A: 15 and Chapter Env-Wt 700 of the DES administrative rules. 

Wetland Name

Description

Hall Farm Pond

10+/- acre wetland located south of NH Rte. 111 and north of Hall Farm Road, primarily on Tax Map 16, Lot 9.

Hog Hill Brook

17.5+/- acre wetland which extends southeast of Island Pond Road, located primarily on Tax Map 20, Lot 7 and extending onto Tax Map 16, Lot 64 and Tax Map 21, Lot 1.

Stewart Farm Pond

21+/- acre wetland located due west of Stewart Farm Road and northeast of Village Drive, primarily on Tax Map 12, Lot 1.

Wetland Name

Description

Bryant Brook

69+/- acre wetland located on the southern border between Atkinson and Plaistow, primarily on Tax Map 10, Lot 7, and extending onto Tax Map 9, Lot 62-22 and Tax Map 5, Lot 48.

 

 

And replace it with the following text:

410.10 Prime Wetlands (2010)

The following seven wetlands are designated prime wetlands according to the requirements of RSA 482-A: 15 and Chapter Env-Wt 700 of the DES administrative rules. 

Wetland Name

Description

Hall Farm Pond

10+/- acre wetland located south of NH Rte. 111 and north of Hall Farm Road, primarily on Tax Map 16, Lot 9.

Hog Hill Brook

17.5+/- acre wetland which extends southeast of Island Pond Road, located primarily on Tax Map 20, Lot 7 and extending onto Tax Map 16, Lot 64 and Tax Map 21, Lot 1.

Stewart Farm Pond

21+/- acre wetland located due west of Stewart Farm Road and northeast of Village Drive, primarily on Tax Map 12, Lot 1.

West Sawmill Swamp

121+/- acre wetland extending across the northern Atkinson border with Hampstead and located directly west of upper Maple Avenue, on Tax Map 18.

East Sawmill Swamp

58+/- acre wetland located directly east of upper Maple Avenue, on Tax Map 19.

Hovey Meadow Wetland

13+/- acre wetland located north of Pope Road and east of West Side Drive, primarily on Tax Map 17, Lot 86 and extending onto Tax Map 12 Lots 3 and 4.

Bryant Brook

69+/- acre wetland located on the southern border between Atkinson and Plaistow, primarily on Tax Map 10, Lot 7, and extending onto Tax Map 9, Lot 62-22 and Tax Map 5, Lot 48.

Recommended by the Planning Board

 

Article 2010-3 Are you in favor of an Amendment to the Zoning Ordinance to add a new section in accordance with RSA 674:62-66, and outlined in RSA 672:1-III-a to accommodate small wind energy systems in appropriate locations and provide a permitting process to ensure compliance with the provisions of the requirements and standards established herein.

New Text:

Article IV Small Wind Energy Systems Ordinance

Purpose:

This small wind energy systems ordinance is enacted in accordance with RSA 674:62-66, and the purposes outlined in RSA 672:1-III-a. The purpose of this ordinance is to accommodate small wind energy systems in appropriate locations, while protecting the public’s health, safety and welfare. In addition, this ordinance provides a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

Definitions:

Meteorological tower (met tower). Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this ordinance, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.

Modification. Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.

Net metering. The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer’s small wind energy system that is fed back into the electric distribution system over a billing period.

Power grid. The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.

Shadow flicker. The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

Small wind energy system. A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for onsite consumption.

 

 

System height. The vertical distance

from ground level to the tip of the

wind generator blade when it is at

its highest point.

 

Tower. The monopole, guyed monopole or lattice structure that supports a wind generator.

 

 

Tower height. The height above grade

of the fixed portion of the tower,

excluding the wind generator.

 

 

Wind generator. The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

Procedure for Review:

Building Permit: Small wind energy systems and met towers are an accessory use permitted in all zoning districts where structures of any sort are allowed. No small wind energy system shall be erected, constructed, or installed without first receiving a building permit from the building inspector. A building permit shall be required for any physical modification to an existing small wind energy system. Met towers that receive a building permit shall be permitted on a temporary basis not to exceed 3 years from the date the building permit was issued.

Application: Applications submitted to the building inspector shall contain a site plan with the following information:

Property lines and physical dimensions of the applicant’s property.

Location, dimensions, and types of existing major structures on the property.

Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.

Tower foundation blueprints or drawings.

Tower blueprints or drawings.

Setback requirements as outlined in this ordinance.

The right-of-way of any public road that is contiguous with the property.

Any overhead utility lines.

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.

Sound level analysis prepared by the wind generator manufacturer or qualified professional engineer.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the NH State Building Code.

Evidence of compliance or non-applicability with Federal Aviation Administration requirements.

List of abutters to the applicant’s property.

Abutter and Regional Notification: In accordance with RSA 674:66, the building inspector shall notify all abutters and the local governing body by certified mail at the applicant’s request upon application for a building permit to construct a small wind energy system. The public will be afforded 30 days to submit comments to the building inspector prior to the issuance of the building permit. The building inspector shall review the application for regional impacts per RSA 36:55. If the proposal is determined to have potential regional impacts, the building inspector shall follow the procedures set forth in RSA 36:57, IV.

Standards:

The building inspector shall evaluate the application for compliance with the following standards:

Setbacks: The setback shall be calculated by multiplying the minimum setback requirement number by the system height and measured from the center of the tower base to property line, public roads, or nearest point on the foundation of an occupied building.

Small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located.

Guy wires used to support the tower are exempt from the small wind energy system setback requirements. Guy wires must be anchored on subject/applicant’s property.

Minimum Setback Requirements

Occupied Buildings on Participating Landowner Property

Occupied Buildings on Abutting Property

Property Lines of Abutting Property and Utility Lines

Public Roads

0

1.5

1.5

1.5

 

 

 

 

 

 

Tower: The maximum tower height shall be restricted to 35 feet above the tree canopy within 300 feet of the small wind energy system. In no situation shall the tower height exceed 150 feet.

Sound Level: The small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe wind storms and utility outages. Certification of compliance shall be provided by professional engineer or manufacturer.

Shadow Flicker: Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

Signs: All signs including flags streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.

Code Compliance: The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code.

Aviation: The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations including but not limited to 14 C.F.R. part 77, subpart B regarding installations close to airports, and the New Hampshire Aviation regulations, including but not limited to RSA 422-b and RSA 424.

Visual Impacts: It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner’s access to the optimal wind resources on the property.

The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system’s visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind generator design or appearance, buffering, and screening of ground mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.

The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white or gray.

A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.

Approved Wind Generators: The manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the state of New Hampshire, if available.

Utility Connection: If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to RSA 362-A:9.

Access: The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of 8 feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Clearing: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

Abandonment:

At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the building inspector by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the building inspector. "Physically remove" shall include, but not be limited to:

Removal of the wind generator and tower and related above-grade structures;

Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.

In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous 12-month period. After the 12 months of inoperability, the building inspector may issue a Notice of Abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. After review of the information provided by the owner, the building inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the building inspector shall withdraw the Notice of Abandonment and notify the owner of the withdrawal.

If the owner fails to respond to the Notice of Abandonment or if, after review by the building inspector, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner’s sole expense within 3 months of receipt of the Notice of Abandonment. If the owner fails to physically remove the small wind energy system after the Notice of Abandonment procedure, the building inspector may pursue legal action to have the small wind energy system removed at the owner’s expense.

Violation:

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance. Small wind energy systems installed prior to the adoption of this ordinance are exempt from this ordinance except when modifications are proposed to the small wind energy system. Hobby systems having output of 1 kilowatt (peak) are exempt from this ordinance.

Penalties:

Any person who fails to comply with any provision of this ordinance or a building permit issued pursuant to this ordinance shall be subject to enforcement and penalties as allowed by NH Revised Statutes Annotated Chapter 676:17.

Severability:

The invalidity of any subsection or provision of this Article shall not invalidate any other subsection or provision thereof.

Recommended by the Planning Board

Article 2010-4 By Petition (C. Grant et al):

Whereas, Atkinson has no internal reservoirs, lakes or rivers to provide a water supply for its residents, and therefore, must rely solely on our groundwater resources; and

Whereas, accurate and verifiable water flow data is necessary for verifying compliance with and equitable enforcement of the town ordinance forbidding the pumping, transfer, and sale of Atkinson groundwater out-of- town and across Atkinson town lines; and

Whereas, in 1983, the NH Legislature declared that surface water and groundwater are an integrated public resource to be conserved, protected and managed for the public good, and fundamental to sound management is knowledge of the utilization of our water resources; and

Whereas, to understand and counter negative effects of consumptive water losses from Atkinson’s aquifers and watersheds and provide verification of any violation of town water ordinances, metering of all water pipes and lines across Atkinson town lines is necessary;

Therefore, we, the undersigned registered voters of Atkinson, petition that 2010 Atkinson Town Meeting vote on the below amendment to Atkinson’s Wetlands Zoning Ordinance, specifically,

To see if the Town will vote to amend the Atkinson’s Wetlands Ordinance - Section 410- by inserting the new section below and recodifying (re-numbering) the existing text as necessary?

New Text:

All water companies dealing in or with Atkinson shall install and maintain a water-flow meter on all existing and future water lines at the point where they cross the town line between Atkinson and any abutting town. The meter must be installed and operating within 90 days of passage of this amendment. There shall be a fine of $1000 a day for every day thereafter that the meter has not been installed and operating

The meter shall record and provide the flow direction of any water traveling through that pipeline across town lines, including the volume of water being transferred, the frequency, date, and rate of transfer. All readings and data obtained from this monitoring shall be provided to the Town of Atkinson within 10 days of each recording.

It shall be a violation of this section to make any material false statement concerning water flow or to tamper with any water-flow monitoring device. The Board of Selectmen, after each notice and hearing, may impose an administrative fine not to exceed $2000 for each offense upon any person or company which knowingly violates this provision. The Board of Selectmen may also assess additional fines upon any person/company which has received written notification from the Board of Selectmen regarding violations of this chapter, if the violations have not been mitigated/corrected within 30 days of receipt of the notification.

The Board of Selectmen shall have the authority to direct the Atkinson Code Enforcement Officer or another Town official of their choosing to have at-will access to the metering device and to make unscheduled verification and accuracy checks of the meter and data it provides. Measurements of water use shall be made with sufficient frequency to insure the accuracy of total water usage volume.

Exemption: This chapter shall not apply to a temporary, discrete water transfer arising from an emergency event in Atkinson or Hampstead, such as a catastrophic failure of either town’s water system. This temporary exemption shall be allowed only after a declaration by the Atkinson Board of Selectmen that such an emergency does exist.

Not Recommended by the Planning Board

Article 2010-5 By Petition (C. Grant et al):

Whereas, at the September 9, 2008 Atkinson Special Town Meeting, the residents of Atkinson overwhelmingly by a 76.3% landslide, voted that a buffer zone of 150 feet shall be in effect around each of Atkinson’s ecologically significant Prime Wetlands; and

Whereas, the Atkinson Planning Board, despite those voting results, did subsequently weaken the buffer zone clause down to only 100 feet; and

Whereas, the water quality of Atkinson’s major groundwater recharging areas can not be protected unless harmful or polluting activities are prevented adjacent to those Prime Wetlands; therefore,

We, the undersigned registered voters of Atkinson, petition that at 2010 Atkinson Town Meeting, the Prime Wetlands Ordinance (Section 410.10) be amended to reflect the voted wishes of 2008 Special Town Meeting; specifically,

 

To see if the voters will amend Part 410.10, Prime Wetlands, by changing the first sentence of the last paragraph of this section from "An undisturbed natural buffer area of at least 100 feet in width shall be maintained…" to read, in accordance with the 2008 Special Town Meeting, "An undisturbed natural buffer zone of at least 150 feet in width shall be maintained…"

Not Recommended by the Planning Board

 

Article 2010-6 By Petition (C. Grant et al):

Whereas, the Atkinson Conservation Commission commissioned the Natural Resources Consulting Services (NRCS) to analyze existing Atkinson water resources and wetlands and conduct field investigations to determine which Atkinson Wetlands should be designated as "Prime Wetlands"; and

Whereas the NRCS, upon completion of the study, recommended that 7 very ecologically significant wetlands in Atkinson, because of their value as groundwater recharging areas, should be designated as "Prime Wetlands" worthy of and needing extra protection beyond that of regular wetlands; and

Whereas, at 2008 Special Town Meeting, Atkinson’s voters overwhelmingly, by a 76.3% landslide, voted that the town accept the results of the NCRS study and that the Planning Board designate the 7 specified wetlands as " Prime Wetlands"; and

Whereas the Planning Board, in spite of those Special Town Meeting results, did only designate 4 of the 7 specified wetlands as "Prime Wetlands"; and

Whereas, by statute, Planning Boards have final say in the designation of which wetlands shall be designated as Prime Wetlands;

We, the undersigned registered voters of Atkinson, petition that at 2010 Atkinson Town Meeting, Section 410.10 of the Atkinson Wetlands Ordinance be amended to reflect the 2008 Special Town Meeting voting results, specifically,

To see if the Town will vote to AGAIN designate the three wetlands listed below as "Prime Wetlands" and the Planning Board amend Section 410.10 Prime Wetlands to include:

West Sawmill Swamp: 131+/-acre wetlands extending across the northern Atkinson border with Hampstead and located directly west of Upper Maple Avenue, on Tax Map 18

East Sawmill Swamp: 58+/- acre wetland located directly east of upper Maple Avenue on Tax Map 19

Wright Farm Pond: 46+/- acre wetland bordered by Sawmill Road, Summit Drive, Walker Road, Eldon Way, Merrill Drive, Meeting Rock Drive, Wright Farm, Centerview Hollow, and Bittersweet Lane, primarily on Tax Map 13, Lot 96?

Not Recommended by the Planning Board

Article 2010-7 By Petition (S. Tomasi et al):

Are you in favor of an Amendment to the Zoning Ordinance Article V Section 510, Permitted Uses, so as to prohibit as a permitted use a trucking transportation facility in all zoning districts?

Not Recommended by the Planning Board

Article 2010-8 By Petition (S. Tomasi et al):

Are you in favor of an Amendment to the Zoning Ordinance Article V Section 510 to require hours of operation of businesses in the Commercial/Industrial Zone be evaluated for undesirable offsite impacts to nearby residential uses and adjoining communities?

 

Text:

To amend Section 510, the Permitted Uses section of the Atkinson Zoning Ordinance, so as to require that any use in the Commercial/Industrial zone that proposes to have hours of operation that are beyond 7 a.m. and 7 p.m. shall be evaluated for undesirable offsite impacts to nearby residential uses in Atkinson and adjoining communities, including but not limited to the following impacts: lighting, odors, on-site generated noise, dust and truck traffic noise generated from travel to and from the site outside of the hours set forth above. If it is found that such undesirable impacts may interfere with the residents’ ability to enjoy their properties, the Planning Board shall impose reasonable hour of operation restrictions to protect residents who live nearby or en route from the impacts of this proposed use.

Not Recommended by the Planning Board

Article 2010-9 Operating Budget

Shall the Town of Atkinson raise and appropriate as an operating budget, not including appropriations by Special Warrant Articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote for the first session, for the purpose set forth therein, totaling Three Million Nine Hundred Twenty-seven Thousand Six Hundred Eighty-seven Dollars ($3,927,687.00)? Should this article be defeated, the Default Budget shall be Four Million Three Hundred Ten Thousand Five Hundred Ninety-eight and 30/100 Dollars ($4,310,598.30) which is the same as last year, with certain adjustments required by previous action of the Town of Atkinson or by law; or the governing body may hold one Special Meeting, in accordance with RSA 40:13 X and XVI, to take up the issue of a revised operating budget only. (Majority vote required).

Recommended by the Budget Committee

Recommended by the Board of Selectmen

Atkinson FY 2009 Budget

Account

2009 Allocated

2009 Expended

2010 Proposed

Change

Amt.

%

General Government

Executive

212,720

159,617

189,785

(22,935)

-10.78%

Elections Registration

145,018

136,495

151,635

6,617

4.56%

Financial +Administration

268,127

262,611

284,965

16,838

6.28%

Legal Services

30,000

29,788

40,000

10,000

33.33%

Personnel Admin

50,656

49,656

48,413

(2,243)

-4.43%

Planning & Zoning

28,623

17,696

25,623

(3,000)

-10.48%

Buildings

124,613

94,549

87,744

(36,869)

-29.59%

Cemeteries

39,530

40,228

41,881

2,351

5.95%

Other Insurance

58,698

58,818

70,348

11,650

19.85%

Advertising Regional

6,015

6,015

5,992

(23)

-0.38%

General Government Total

964,000

855,473

946,386

(17,614)

-1.83%

Public Safety

Police Department

767,892

694,406

738,468

(29,424)

-3.83%

Elderly Affairs

37,419

33,060

34,113

(3,306)

-8.84%

Ambulance

1

0

1

0

Fire Department

275,298

239,246

265,552

(9,746)

-3.54%

Building Inspections

49,013

48,478

47,060

(1,953)

-3.98%

Homeland Security

150

0

650

500

333.33%

Dispatch

31,500

36,465

37,158

5,658

17.96%

Public Safety Total

1,161,273

1,051,655

1,123,002

(38,271)

-3.30%

Highways & Streets

Highway Department

430,032

391,390

403,132

(26,900)

-6.26%

Street Lighting

35,000

34,772

34,100

(900)

-2.57%

Highways & Streets Total

465,032

426,162

437,232

(27,800)

-5.98%

Sanitation

Recycling

35,748

29,839

30,671

(5,077)

-14.20%

Solid Waste Disposal

578,600

527,665

573,501

(5,099)

-0.88%

Sanitation Total

614,348

557,504

604,172

(10,176)

-1.66%

Health & Welfare

Health Admin

6,859

6,455

6,859

0

Health Agencies

45,428

45,428

48,948

3,520

7.75%

Animal Control

23,092

17,333

22,643

(449)

-1.94%

General Assistance

16,000

2,515

12,480

(3,520)

-22.00%

Health & Welfare Total

91,379

71,732

90,930

(449)

-0.49%

Culture & Recreation

Recreation

79,623

67,356

77,423

(2,200)

-2.76%

Grounds Maintenance

30,400

32,028

35,500

5,100

16.78%

Community Center

48,634

40,458

47,885

(749)

-1.54%

Library

357,096

342,882

355,147

(1,949)

-0.55%

Patriotic Purposes

2,301

2,465

2,400

99

4.30%

Cable Operations

42,552

34,947

41,920

(632)

-1.49%

Culture & Recreation Total

560,606

520,136

560,275

(331)

-0.06%

Conservation

Conservation

6,102

5,151

6,102

0

Debt

Long term debt-Principal

177,129

184,162

90,000

(87,129)

-49.19%

Long term debt-Interest

94,800

79,213

69,588

(25,212)

-26.59%

Debt Total

271,929

263,375

159,588

(112,341)

-41.31%

Total Operating Budget $4,134,669

$3,751,188 $3,927,687 (206,982) -501%

The Moderator stated he would go over each sub section of the budget, discuss it and vote on the bottom line of each sub section.

The Moderator asked if there were any questions on each sub section of the Budget, such as General Government, and if the voters had any discussion on that section to please state the line they wanted to discuss, and then if there were no further discussions he would put the bottom line of the sub section to a vote.

The Moderator asked for a motion to move the Operating Budget Article to the ballot. Mr. Friel, so moved and Mark Acciard, seconded.

The Moderator asked if there was any discussion, but first he would recognize James Blackadar of the Budget Committee. James Blackadar discussed the 10% rule with the voters. James explained to the voters what the budget process consist of.

Kenneth Grant spoke to this article about the Default budget being more money. Several residents had concerns about this. The Selectmen asked Barbara Snicer to speak about how they came up with the figure for the bottom line of the budget. Barbara went over many lines of the budget and explained the reasons for the increase or decrease.

Mr. Friel made a motion to amend the Financial Administration line by Four Thousand Dollars $4,000.00. Mr. Bennett seconded.

The amendment reads as follows:

Mr. Moderator:

I would like to make a motion to amend Article 2010-9, which is the 2010 Operating Budget under General Government, Sub-category Financial Administration, under Assessing and the assessing line, line item no: 41503.390.00 this motion is to increase this assessing line in the amount of $4,000.00 for the purpose of posting property tax cards online. This would increase this line from $ 32,496.00 to $ 36,496.0 and increase the total line for assessing from $ 78,980.00 to $82,980.00. The purpose of this motion is to fund Warrant Articles that were presented and approved in 2008 and 2009 but were not funded. This will enable the Selectmen to move forward with the wishes of the voters.

There was some discussion about the amendment from the voters. Leon Artus asked what information would be printed on the tax card.

The Moderator asked all in favor of the increase of Four Thousand dollars $4,000.00 to General Government; the motion to amend carried; he so declared it. (Passed as amended)

The Moderator asked if there were any questions or concerns on the bottom line of General Government. There was no more discussion on General Government.

The Moderator asked all in favor for General Government’s bottom line which was increased Four-Thousand dollars $4,000.00 for a new bottom line of Nine Hundred Fifty Thousand Three Hundred Eighty-six dollars $950,386.00; the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Public Safety section.

Mark Acciard asked about the gasoline line being the same as the Kingston Police Departments gasoline line, Mr. Bennett addressed this question; he discussed the differences between Kingston gasoline line and the Atkinson’s Police Department line.

The Moderator asked all in favor for Public Safety bottom line of One Million One Hundred Twenty-Three Thousand and two dollars $1,123,002.00, the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Highway and Street section. There was no discussion.

The Moderator asked all in favor of the Highway and Streets bottom line of Four Hundred Thirty Seven Thousand Two Hundred Thirty Two dollars $437,232.00; the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Sanitation section. There was a little discussion about recycling by Edward Stewart.

The Moderator asked all in favor of the Sanitation bottom line of Six Hundred Four Thousand One Hundred Seventy Two dollars $604,172.00; the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on Health & Welfare section.

There was no discussion.

The Moderator asked all in favor of the Health & Welfare bottom line of Ninety Thousand Nine Hundred Thirty dollars $90,930.00, the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Culture & Recreation

There was no discussion.

The Moderator asked all in favor of Culture & Recreation bottom line of Five Hundred Sixty Thousand Two Hundred Seventy- Five dollars $560,275.00; the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Conservation section.

There was no discussion.

The Moderator asked all in favor of the Conservation bottom line of Six Thousand One Hundred Two dollar $6,102.00; the motion carried; he so declared it. (Passed)

The Moderator asked if there were any questions or concerns on the Debt section.

There was no discussion.

The Moderator asked all in favor of the Debt bottom line of One Hundred Fifty Nine Thousand Five Hundred Eighty- Eighty dollars $159,588.00; the motion carried; he so declared it. (Passed)

Kenneth Grant made a motion to amend the bottom line to Three Million Three Hundred Thirty Eight Thousand Five Hundred Thirty Three dollars and 90 cents $3,338,533.90, Mr. Artus, seconded.

Mark Acciard asked why we were voting on each section and the Moderator said because this is the way he wanted to do it.

There was a lengthy amount of discussion on this amendment by several voters. They asked about what impact this would have on the tax rate. There were concerns about what happens if the town’s people didn’t accept this at Town Meeting. The default budget is much higher than the proposed budget.

Debra DeSimone called the question and Mark Acciard, seconded.

The Moderator asked all in favor of this amendment; the motion to amend failed; he so declared it. (Amendment failed)

Mark Acciard made a motion to amend by reducing the Operating Budget to the amount expended last year of Three Million Seven Hundred Fifty One Thousand One Hundred Eighty Eight dollars $3,751,188.00, Mr. Reihl, seconded.

Kenneth Grant spoke to this amendment and said he was all for it.

Debra DeSimone, moved to call the question, the Moderator didn’t recognize her calling the question.

Fredrick Thompson explained that if the Budget Committee doesn’t recommend the voters usually don’t vote for it, so therefore the Town would end up going with the higher Default Budget.

Debra Desimone, moved to call the question, and Mark Acciard, seconded.

The Moderator asked all in favor of this amendment; the motion to amend failed; he so declared it. (Amendment Failed)

There was further discussion from many of the voters. They discussed how we are in tough financial times right now and everyone has to tighten up their belts.

Nina Gray, moved to call the question, and Mark Acciard, seconded.

The Moderator asked all in favor of the Three Million Nine Hundred Thirty One Thousand Six Hundred Eighty Seven dollars $ 3,931,687.00 bottom line of the budget to be placed on the ballot; the motion carried; he so declared it. (Passed)

 

SELECTMEN’S SPECIAL WARRANT ARTICLES

NOTE: The list price of this vehicle is Twenty Eight Thousand Five Hundred Dollars ($28,500.00). Through negotiations with the dealer the net price will be Nineteen Thousand Five Hundred Dollars ($19,500.00). The Atkinson Police Charitable Fund will be donating Thirteen Thousand Dollars ($13,000.00) towards this vehicle for the Elderly Affairs Department. The net amount to be raised and appropriated through taxes will only be Six Thousand Five Hundred Dollars ($6,500.00).

 

Article 2010-10 Elderly Affairs’ Vehicle

Shall the Town vote to raise and appropriate up to the sum of Nineteen Thousand Five Hundred Dollars ($19,500.00) to purchase a 2010 Subaru all-wheel drive vehicle for the Elderly Affairs Department; Thirteen Thousand Dollars ($13,000.00) to come from donations, and Six Thousand Five Hundred Dollars ($6,500.00) to be raised by taxes? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator told the voters that the note at the top of this article will not be placed on the ballot.

The Moderator read Article 10. Mr. Friel so moved and Mr. Childs, seconded.

The Moderator asked if there were any concerns or questions on this article.

There was lengthy discussion on this article; some of the voters were for a new vehicle and some were against it. Denise Legault wanted more research done and wanted to know why we have to buy vehicles to drive people around. Patricia Goodrich told the voters that this note shouldn’t have appeared on this Warrant according to DRA and she stands opposed to this article.

Mark Acciard motioned to amend Article10 and Linda Jette, seconded.

The amendment reads as follows:

Insert after "Elderly Affairs Department;" and before "Thirteen Thousand Dollars" The words; "The Atkinson Police Charitable Fund will Donate" and insert after "raised by Taxes?" and before "This Article is in addition to" the words "This vehicle will replace a vehicle currently owned by Elderly Affairs Department that will be disposed of.

The Moderator asked all in favor of the amendment; the motion carried; he so declared it.

(Amendment Passed)

The Moderator asked all in favor of this Article-10 being place on the ballot as amended; the motion carried; he so declared it. (Passed as Amended)

The Moderator said he would accept a restriction on the reconsideration of this article if anyone wanted to do that.

Philip Consentino moved to restrict the reconsideration of Article -10, seconded by Debra DeSimone.

The Moderator asked all in favor to restrict the reconsideration of this Article 10; the motion carried; he so declared it. (Passed)

The Moderator recognized Timothy Dziechowski, for a Point of Order.

Timothy Dziechowski made a motion to restrict reconsideration on the Article 2010-9, seconded by Frederick Thompson.

The Moderator asked all in favor of restricted reconsideration on Article 2010 -9; the motion carried; he so declared it. (Passed)

The Moderator recessed the meeting from 12:50 until 1:20 for lunch.

The Moderator reconvened the meeting at 1:20pm.

 

 

Article 2010-11 Elderly Affairs’ Director

Shall the Town vote to create the paid position of Director of Elderly Affairs to replace the volunteer position, and to raise and appropriate the sum of One Hundred Dollars ($100.00) for the annual salary of that position? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article-11. Mr. Friel made a motion to discuss and Mr. Childs, seconded.

There was little discussion on this article about the separation of Elderly Affairs Director. This paid position was created to replace the volunteer position.

The Moderator asked all in favor of Article 11 moving to the ballot; the motion carried; he so declared it. (Passed)

Article 2010-12 Fire Department Capital Reserve

Shall the Town vote to raise and appropriate the sum of Sixty Thousand Dollars ($60,000.00) to be added to the Fire Department Capital Reserve Fund, previously established for the purpose of acquiring fire equipment and vehicles, as outlined in the Board of Engineers’ Capital Improvement Plan? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 12. Mr. Friel, so moved, seconded by Mr. Childs.

There was no discussion on this article.

The Moderator asked all in favor of Article 12 going to ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-13 Winter Highway Capital Reserve

Shall the Town vote to create an Expendable Trust Fund, in which the principal and interest may be expended under the provisions of RSA 31:19-a, to be known as the Winter Expendable Trust Fund, for the purpose of funding additional costs, in excess of the annual Operating Budget, for the plowing and removal of snow and winter weather management purposes; to raise and appropriate up to the sum the sum of Fifteen Thousand Dollars ($15,000.00) from the General Fund Surplus; to authorize the use/transfer of these funds from the December 31, 2009 General Fund Balance for this purpose; and, to designate the Board of Selectmen as agents to expend? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

 

 

The Moderator read Article 13. Mr. Friel, so moved and Mr. Childs seconded.

Someone noticed a typing error. The words "the sum" was typed twice, the Moderator instructed the Town Clerk to take out the extra wording. Mr. Bennett spoke to this article about the General Emergency Fund being created so the town would have money for unforeseen circumstances.

The Moderator asked all in favor of moving Article 13 to ballot with the correction of a typing error; the motion carried; he so declared it. (Passed)

Article 2010-14 Mosher Drive

Shall the Town vote to raise and appropriate up to the sum of Twelve Thousand Three Hundred Fifty Dollars ($12,350.00) to shim and overlay 0.15 mile of Mosher Drive? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 14. Mr. Friel, so moved and Mr. Childs seconded.

Edward Stewart discussed Articles 14 through 20 to the voters. He explained how we maintain our roads.

The Moderator asked all in favor of article 14 moving to the ballot as written; the motion carried; he so declared it. (Passed)

 

Article 2010-15 Stage Road

Shall the Town vote to raise and appropriate up to the sum of Thirty-Seven Thousand Fifty Dollars ($37,050.00) to shim and overlay 0.55 mile of Stage Road. This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 15. Mr. Friel, so moved and Mr. Childs seconded.

There was no discussion on this article.

The Moderator asked all in favor of Article 15 moving to the ballot as written; the motion carried; he so declared it. (Passed)

 

 

 

 

Article 2010-16 Rockingchair Lane

Shall the Town vote to raise and appropriate up to the sum of Twenty-four Thousand Six Hundred Ninety-nine Dollars ($24,699.00) to shim and overlay 0.3 mile of Rockingchair Lane? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 16. Mr. Friel, so moved and Mr. Childs seconded.

There was no discussion on this article.

The Moderator asked all in favor of Article 16 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-17 Cottontail Lane

Shall the Town vote to raise and appropriate up to the sum of Eighteen Thousand Four Hundred Sixty-six Dollars ($18,466.00) to shim and overlay 0.2 mile of Cottontail Lane? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

 

The Moderator read Article 17. Mr. Friel, so moved and Mr. Childs seconded.

Allen Reed had a question for the Road Agent Edward Stewart about a problem with icing. Ted said that this article wouldn’t take care of this issue, but the budget line will address the

on going concerns.

The Moderator asked all in favor of Article 17 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010- 18 Pebble Brook Road

Shall the Town vote to raise and appropriate up to the sum of Eighteen Thousand Four Hundred Sixty-six Dollars ($18,466.00) to shim and overlay 0.2 mile of Pebble Brook Road? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 18. Mr. Friel, so moved and Mr. Childs seconded.

There was no discussion on this article.

The Moderator asked all in favor of Article 18 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-19 Leroy Avenue

Shall the Town vote to raise and appropriate up to the sum of Twelve Thousand Three Hundred Fifty Dollars ($12,350.00) to shim and overlay 0.15 mile of Leroy Avenue? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 19. Mr. Friel, so moved and Mr. Childs seconded.

There was no discussion on this article.

The Moderator asked all in favor of Article 19 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-20 Pages Lane & Bittersweet Lane

Shall the Town vote to raise and appropriate up to the sum of Forty-three Thousand Two Hundred Twenty-five Dollars ($43,225.00) to shim and overlay 0.8 mile of Pages Lane and Bittersweet Lane? This work will be performed under the supervision of the Road Agent. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 20. Mr. Friel, so moved and Mr. Childs seconded.

Mr. Childs said that we received a Highway Block Grant Aid for One Hundred Forty-three Thousand One Hundred Seventy-Four Dollars and Fifty one cents $143,174.51 to take care of maintenance, construction and reconstruction of class IV and V Highways.

The Moderator asked all in favor of Article 20 moving to the ballot as written; the motion carried; he so declared it. (Passed)

The Moderator recognized Timothy Dziechowski for a Point of Order.

Timothy Dziechowski would like to make a motion to limit reconsideration of all articles up to Article 20.

The Moderator asked all in favor of limiting reconsideration of Article 1-20; the motion carried; he so declared it. (Passed)

 

 

Article 2010-21 East Road Recreation Area

Shall the Town vote to raise and appropriate the sum of Eighty Thousand Dollars ($80,000.00) to continue the construction of the new East Road Recreation Area (Map 15 Lot 27)? Construction will consist of installation of a well and irrigation system for the playing fields, walking path, final site and finish work, and parking lot. Completion of these items will allow the recreation area to be available for use in spring 2011. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Not Recommended by the Board of Selectmen

The Moderator read Article 21. Mr. Friel, so moved and Mr. Childs seconded.

Patricia Mangini made a motion to amend Article 21, seconded by Denise Legault.

The amendment reads as follows:

Shall the Town vote to raise and appropriate $80,000 to continue the construction of the new East Road Recreation Area (Map 15 Lot 27)? Construction will consist of installation of a well and irrigation system for the playing fields, walking path, final site and finish work, and parking lot. This sum to be offset by a donation of $25,000 with the remaining $55,000 to come from taxation. Completion of these items will allow the recreation area to be available for use in Spring 2011.

Patricia Mangini explained why she had to keep the $80,000 in the warrant and if this article didn’t pass the Recreation Department wouldn’t receive the donation of $25,000.

The Moderator read Article 21 as amended, all in favor of the amendment; the motion to amend passed; he so declared it. ( Amendment Passed)

James Foucault questioned the Selectmen on why they didn’t recommend this article. Mr. Bennett explained about the dollar amount and not knowing how much the donation was going to be, so they withheld their recommendation.

Patricia Mangini asked if the Board of Selectmen would withdraw their recommendation to not recommend.

The Selectmen voted on changing their vote to recommend this article.

Timothy Dziechowski made a motion to amend this article.

The amendment should read as follows:

Change "the sum of eighty" to "Up to the sum of eighty"

Mr. Bennett made a motion to accept, Mr. Friel seconded.

The Moderator asked all in favor of the second amendment to Article 21; the motion carried; he so declared it. ( Amendment Passed)

The Moderator read the amended Article 21 and asked all in favor of moving the amended Article 21 to the ballot; the motion carried; he so declared it. (Passed as Amended)

James Blackadar asked if anyone on the Budget Committee would like to change their recommendation on Article 21. There was no answer and James said he took the silence as a no.

Denise Legault made a motion to restrict reconsideration on Article 21, seconded by Jack Sapia.

The Moderator asked all in favor of restricting reconsideration to Article 21; motion carried; he so declared it. (Passed)

 

Article 2010-22 Recreation Capital Reserve

Shall the Town vote to raise and appropriate up to the sum of Twenty-five Thousand Dollars ($25,000.00) to be added to the Recreation Capital Reserve Fund, created for the purpose of acquisition, design, renovation and development of recreation areas, to include, but not limited to, fields and playgrounds? This is in addition to Article 2010-9, the Operating Budget.

Not Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 22. Mr. Friel, so moved and Mr. Childs seconded.

The Moderator asked Mr. Blackadar why the Budget Committee didn’t recommend this article. Mr. Blackadar stated that the Budget Committee looked at all the Warrant Articles this year and, understanding the economic times, thought that that East Road Article was a better article to focus on this year. Patricia Mangini spoke on this article about needing this money to make changes next year.

The Moderator asked all in favor of moving Article 22 to ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-23 Woodlock Park Capital Reserve

Shall the Town vote to establish a Capital Reserve Fund, under the provisions of RSA 35:1, for the purpose of making improvements to safety, water supply, playing surfaces, irrigation and facilities at Woodlock Park (Map 11 Lot 4); and to raise and appropriate up to the sum of Five Thousand Dollars ($5,000.00) to be placed in said fund, and to appoint the Board of Selectmen as agents to expend from the Woodlock Park Improvement Capital Reserve? This is in addition to Article 2010-9, the Operating Budget.

Not Recommended by the Budget Committee

Not Recommended by the Board of Selectmen

The Moderator read Article 23. Mr. Friel, so moved and Mr. Childs, seconded.

Jack Sapia made a motion to amend Article 23, seconded by David Boggiatto.

Jack spoke about this field being in very poor condition, this money would help to maintain this ball field. This would also help in keeping the children safe.

The amendment reads as follows:

Raise by ($15,000).

The Moderator asked all in favor to amend Article 23; the motion failed; he so declared it. (Amendment Failed)

Raymond Dauteuil, made a motion to amend Article 23, Philip Consentino, seconded.

The amendment read as follows:

Amend amount raised from $5,000.00 to $7,500.00.

Jack Sapia thanked Raymond for his compromise.

The Moderator asked all in favor to amend Article 23; the motion failed; he so declared it. (Amendment Failed)

The Moderator asked all in favor of moving Article 23 to ballot as written; the motion carried; he so declared it. (Passed)

The Moderator recognized Timothy Dziechowski for a Point of Order.

Timothy Dziechowski made a motion to restrict reconsideration for Articles 22 and 23, seconded by Mr. Friel.

All in favor of restricting reconsideration on Article 22 and 23; motion carried; he so declared it. (Passed)

 

Article 2010-24 Town Hall Generator

Shall the Town vote to raise and appropriate up to the sum of Twenty-five Thousand Dollars ($25,000.00) to purchase and install a stand-by, self-starting, propane electric generator, which will provide enough electricity to power Town Hall in an emergency situation, thus allowing the Town Hall to remain operational during a power outage? The installation of said generator will be under the supervision of the Town’s Maintenance Supervisor. This is in addition to Article 2010-9, the Operating Budget.

Not Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 24. Mr. Friel, so move and Mr. Childs, seconded.

The Moderator asked why the Budget Committee didn’t recommend this article. Mr. Blackadar stated that due to the bad economic times they didn’t think that the generator was necessary this year.

Todd Barbera asked if employee’s can’t work what is the cost of lost productivity and do they need to work overtime to make up for lost time?

Mr. Childs said that during the last ice storm the employees just worked hard to catch up on their work and that we have some good employees. He said that his concern would be that people wouldn’t be able to register their cars if we have to close for a couple of days.

The Moderator asked all in favor of Article 24 moving to the ballot as written; motion carried; he so declared it. (Passed)

Article 2010-25 Mosquito Control Capital Reserve

Shall the Town vote to raise and appropriate up to the sum of Forty-six Thousand Four Hundred Sixty Dollars ($46,460.00) to be added to the Mosquito Control Expendable Trust Fund? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 25. Mr. Friel, so moved, Mr. Childs seconded.

There was no discussion on this.

The Moderator asked all in favor of Article 25 moving to the ballot as written; the motion carried; he so declared it. (Passed)

 

 

 

Article 2010-26 Kimball House Repairs

Shall the Town vote to raise and appropriate up to the sum of Thirty-five Thousand Dollars ($35,000.00) toward the replacement of the siding and windows at the Kimball House? This is in addition to Article 2010-9, the Operating Budget.

Not Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 26. Mr. Friel, so moved and Mr. Childs, seconded.

Adele Dillon made a motion to amend Article 26 and Linda Jette seconded.

The amendment reads as follows:

Shall the Town vote to raise and appropriate a sum not to exceed Twenty Thousand Dollars, $20,000.00 toward the installation of 6 and replacement of 37 storm windows and the first year of a three year painting project to preserve the original clapboards of the Kimball House?

Mr. Blackadar was glad to hear this new information on this article. Mr. Bennett said he looked at the siding and said that it was like a dish sponge. Adele asked that Marty Feuer speak about the clapboards. He said that his son also checked the clapboards and said they are sound. By cleaning and applying special milk paint, one coat the first year, a special paint the second year and a final coat of paint the third year should help in the preservation of the clapboards.

The Moderator asked all in favor of Article 26 being moved to the ballot as amended; the motion carried, he so declared it. (Passed)

Adele asked the Budget Committee to change their recommendation? The Budget Committee changed their vote to recommend this article.

The Moderator asked all in favor of Article 26 going to ballot with the Budget Committee’s recommendation; the motion carried; he so declared it. (Passed as Amended)

Article 2010-27 Televise Conservation Meetings

Shall the Town vote to have all Conservation Committee meetings televised by ACTV-20, and raise and appropriate up to the sum of One Thousand Dollars ($1,000.00) to fund this directive? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 27. Mr. Friel, so moved and Mr. Childs seconded.

Paul Wainwright motioned to amend Article 27, seconded by Denise Legault.

The amendment reads as follows:

Change $1,000.00 to $0.

There was discussion on this amendment; Todd Barbera said he didn’t agree on amending it to $0. He stated that this is cheap money. Kenneth Grant said that if it has a zero dollar amount, it would defeat the article.

Mr. Bennett said that all Selectmen’s meeting are broadcast and they thought this would be a plus for the town.

The Moderator asked all in favor of this Article 27 moving to the ballot as amended; the motion failed; he so declared it. (Amendment failed)

The Moderator asked all in favor of Article 27 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-28 Televise Library Trustees’ Meetings

Shall the Town vote to have all meetings of the Kimball Library Trustees televised by ACTV-20, and to raise and appropriate up to the sum of One Thousand Dollars ($1,000.00) to fund this directive? This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 28. Mr. Friel, so moved and Mr. Childs seconded.

Kay Galloway said on behalf of the Library Trustees, they are in favor of this article.

There was no further discussion on this article.

The Moderator asked all in favor of Article 28 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-29 Video Streaming Equipment

Shall the Town vote to raise and appropriate up to the sum of Ten Thousand Dollars ($10,000.00) to purchase video editing and streaming equipment, including computer hardware and software, required to record, store and distribute Atkinson town meetings over the Internet, making said meetings available from the town-maintained website, in a downloadable/viewable format. This is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 29. Mr. Friel, so moved and Mr. Childs seconded.

Todd Barbera, spoke to this article, he is a member of the Technology Committee. He said this would be a valuable system to help the Towns Government become more open. Dale Childs, Trustee of the Trust Fund, spoke to this article, at which time she said that this money is for cable equipment not for the internet. Barbara Snicer, Trustee of the Trust Fund, asked about the people who don’t have cable. Mr. Thompson said that the Budget Committee disagreed; Mr. Thompson said it is the Trustees of the Trust Fund call on this matter. Todd Barbera said that he is fully in disagreement with them. He read article 40 from 1992. Nina Gray was for the video streaming and she said that there are a lot of people with cable that would like the video streaming. Dale Childs said you can change the intent of the article next year.

Todd Barbera called the question and Mr. Friel seconded.

The Moderator asked all in favor of calling the question; the motion carried; he so declared it. (Passed)

The Moderator asked all in favor of Article 29 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-30 Cable/Technology Room

Shall the Town vote to raise and appropriate up to the sum of Eighteen Thousand Dollars ($18,000.00) to reconfigure Town Hall storage space and construct an environmentally controlled, secure server room to centralize the Cable TV computer/servers? This will also facilitate standardization of IT management efforts consistent with industry best practices and the findings and recommendations contained within the Atkinson Technology Committee’s report. This article is in addition to Article 2010-9, the Operating Budget.

Recommended by the Budget Committee

Recommended by the Board of Selectmen

The Moderator read Article 30. Mr. Friel, so moved and Mr. Bennett seconded.

Todd Barbera showed a presentation of the cable room and the back room which holds the server. The presentation showed water on the floor and the server on bricks. Thomas Cannon said that Dave’s cable television room is like a closet. Denise Legault asked if this could be put under cable. Fredrick Thompson said that if the Trustees of the Trust Fund say no than it is no. David Hammond spoke about the benefits of this because it would extend the life of the equipment.

The Moderator asked all in favor of moving Article 30 to the ballot as written; the motion carried; he so declared it. (Passed)

 

Article 2010-31 Record & Tally Votes

Shall the Town vote to adopt the provisions of RSA 40:13 V-a, whereby all votes by the Town Budget Committee and the Board of Selectmen relative to budget items or any warrant articles, shall be recorded votes and the numerical tally of any such vote shall be printed in the Town Warrant next to the affected warrant article?

The Moderator read Article 31. Mr. Friel, so moved and Mr. Childs seconded.

The Moderator explained what this article is all about. He stated that at the bottom of the Warrant Article where it shows the boards recommendation, if this article passes, it would show the number of votes for each member of the board.

The Moderator asked all in favor of Article 31 moving to the ballot as written; the motion carried; he so declared it. (Passed)

 

 

 

 

Article 2010-32 Accept Carriage Chase Lane

Shall the Town accept Carriage Chase Lane as a Town Road?

The Moderator read Article 32. Mr. Friel, so moved and Mr. Childs seconded.

Edward Stewart, the Road Agent spoke to this article and said that these roads are acceptable to the town. All three roads went through the planning process. They have been approved by our Town Engineers. This is the last legal phase for these roads to be accepted as Town Roads. These roads are recommended to be placed on the Town Warrant to become official Town Roads.

The Moderator asked all in favor of Article 32 moving to the ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-33 Accept Little River Lane

Shall the Town accept Little River Lane as a Town Road?

The Moderator read Article 33. Mr. Friel, so moved and Mr. Childs seconded for discussion.

Mr. Childs had a question for Edward Stewart, the Road Agent. Mr. Childs asked if this road had a final coating of hot top on it. Mr. Friel asked if the two outstanding issues were resolved, the swale and the dumpster. Mr. Stewart said that the swale was taken care off, the dumpster wasn’t a bondable item and has nothing to do with the owner of the road. The dumpster has to be removed if this is accepted. The dumpster is outside of the bondable items. He felt that the road itself is ready to go to Town Meeting.

The Moderator asked all in favor of moving Article 33 to ballot as written; the motion carried; he so declared it. (Passed)

 

Article 2010- 34 Accept Little Rob Road Extension

Shall the Town accept Little Rob Road Extension as a Town Road?

The Moderator read Article 34. Mr. Friel, so moved and Mr. Childs seconded.

There was no discussion on this article.

The Moderator asked all in favor of moving Article 34 to ballot as written; the motion carried; he so declared it. (Passed)

Article 2010-35 Establish a Technology Committee

Shall the Town establish a Technology Committee for the purpose of managing the Information Technology (IT) infrastructure and IT budget for the Town; such committee to consist of five (5) members to be appointed by the Board of Selectmen as follows: April 2010 – one member for one year, two members for two years, and two members for three years. Thereafter, terms shall be for three years. If a vacancy occurs, the Board of Selectmen shall appoint another member to serve until the following April.

The Moderator read Article 35. Mr. Friel, so moved and Mr. Childs seconded.

Todd Barbera, Chair of the Atkinson Technology Committee, said right now this committee is an Ad- Hoc Committee. This article will be setting up 5 members on the board to manage the existing computer line in the budget. Mr. Hammond, a member of the Technology Committee, said it was established by the Board of Selectmen back in 2008. Several other members of the Technology Committee discussed this article.

The Moderator asked all in favor of Article 35 moving to the Ballot as written; the motion carried; he so declared it. (Passed)

The Moderator instructed the Town Clerk to take the residents names off of the Petition Warrant Articles.

Article 2010-36 By Petition (A. Kozlovski, et al):

To see if the Town will vote to approve the following resolution to be forwarded to our State Representative(s), our State Senator, the Speaker of the House, and the Senate President.

Resolved: The citizens of New Hampshire should be allowed to vote on an amendment to the New Hampshire Constitution that defines "marriage".

 

The Moderator read Article 36. Mr. Friel, so moved and Mr. Childs seconded.

Patricia Goodrich said she is not for this article. David Shikes stated that this is a Civil Rights issue. James Foucault said this is not a Civil Rights issue, and he is in favor of this article.

Barbara Snicer made a motion to Amend Article 36 and Todd Barbera seconded.

The amendment would read as follows:

To see if the Town?

There was a little more discussion on this.

The Moderator asked all in favor of Article 36 moving to the ballot as amended; the motion carried; he so declared it. (Passed as Amended)

The Moderator asked if there was other business. Martha MacDonald wanted to wish Philip Smith a Happy Birthday. The voters sang Happy Birthday to him.

Todd Barbera made a motion to restrict reconsideration on all the Warrant Articles, seconded by Linda Jette.

The Moderator asked all in favor of restricting reconsideration on all the warrant articles; the motion carried; he so declared it. (Passed)

The Moderator adjourned the meeting at 4:10PM.

 

 

A True Record, Attest:__________________________________Town Clerk

 

 

A True Copy of Record, Attest:___________________________Town Clerk