February 3, 2010 Deliberative Session Minutes
Moderator Harold Bragg called the meeting to order at 7:30 pm. Bob Noll lead the pledge of allegiance. Harold Introduced Selectmen Russell Perry, Michael Motherway, Rich Powers, Town Clerk, Jessica Dostie and Police Chief Wayne Sheehan. Moderator then stated we were going to change the order of discussion on the articles to give people time to get from the school’s deliberative session to the Town’s.
The Moderator read the opening paragraphs of the Warrant, stating the election date of March 9, 2010 at the Town hall from 8am to 7:30pm.
ARTICLE 1: To choose all necessary Town Officials for the year ensuing.
Selectmen 3yrs Stephanie Johnstone Michael Motherway Tax Collector 1yr Carlene Wiggin Town Clerk 1 yr Jessica Dostie Treasurer 1yr Sara Belisle Board of Fire Engineers 3yrs Alfred Felch Supervisors of the Checklist 6yrs No person filed Library Trustees 3yrs Mary Larson Trustees of Trust Funds 3 yrs Carlton Rezendes Cemetery Trustees 3yrs Richard Bates
ARTICLE 2: Planning Board Article.
Are you in favor of amending Chapter III, Article 10 by adding letter H: Density Bonus for Workforce Housing in order to promote open space subdivisions, avoid uninhibited development that is not planned, and ensure the Town is Compliant with NH State Law RSA 674:58-61 regarding the requirement that NH Towns provide reasonable and realistic opportunity for the development of workforce housing?
H. Density Bonus: the Planning Board may award a development an additional number of conforming buildable lots as a density bonus, if the required criteria as performance standards are met. Additional density allowances are based on the number of conforming buildable lots achievable under a yield plan baseline. The allowances are cumulative and may be allowed based on the following performance standards:
1.) Density Bonus (Affordable Housing): A density bonus of 15% above that indicated by the approved yield plan will be allowed for development that will guarantee:
a) 20% of the total number of units proposed within the development (including all units allowed by density bonuses) shall meet the requirements of the definition of affordable/workforce housing per NH RSA 674:58-61 as amended;
b) Such designated affordable/workforce housing units shall be incorporated within the development as a whole (not grouped contiguously) and shall match the architectural characteristics of such development;
c) Assurance of continued affordability. Affordable units offered for sale and approved by the Planning Board as part of a subdivision or site plan and subject to NH RSA 674:58-61 shall require a restrictive covenant and lien granted to the Town of Kensington. The initial value of the lien shall be equal to the difference between the fair market value of the unit and its reduced affordable sale price, which is indexed according to the qualifying income standards. The Town of Kensington’s lien is indexed over time at a rate equal to the consumer price index identified in the restrictive covenant and lien document. Future maximum resale limits shall be calculated as the fair market value minus the adjusted lien value and a transaction administrative fee. Subsequent sales prices are not limited based on income targets, but on the combination of the housing unit’s fair market value, minus the adjusted lien value, and adherence to the definition of affordable owner-occupied housing contained in this article. The restrictive covenant and lien shall be in a form approved by the Planning Board and shall be in effect for a minimum of 30 years upon Planning Board approval of said affordable units.
d) Documentation of restrictions. Deed restrictions, restrictive covenants, or contractual arrangements related to dwelling units established under this Article must be set forth on all plans filed with the Town’s Planning Board and with the Registry of Deeds.
e) Certificate of Occupancy. No certificate of occupancy shall be issued for an affordable housing unit without written confirmation acceptable to the monitoring agency of the income eligibility of the tenant or buyer of the affordable housing unit and confirmation of the rent or price of the affordable housing unit as documented by an executed lease or purchase and sale agreement.
f) Ongoing responsibility for monitoring the compliance with resale and rental restrictions on affordable units shall be the responsibility of a monitoring agency of the Planning Boards choice including, but not limited to, the New Hampshire Housing Finance Authority. If the Planning Boards choice for monitoring and compliance is the New Hampshire Housing Finance Authority then the owner of said affordable units shall follow the requirements as set forth in the New Hampshire Housing Finance Authority’s Model for Homeownership Affordability Retention Lien as amended.
2.) Every development seeking such bonuses shall provide the Planning Board with easements, covenants, or deed restrictions, which shall provide for the perpetual continuation of the performance standards, which are used in the granting of any bonus. Said easements, covenants, or deed restrictions shall be reviewed by qualified legal counsel on behalf of the Town (at the developer’s expense) and approved by the Planning Board prior to the issuance of any final approval.
3.) Where a final number is greater than 0.5, the density number may be rounded up to the next whole number.
Recommended by the Planning Board
Discussion: Joan Whitney, chair of the Planning board, defines workforce affordable housing as affordable housing for the workforce, not low-income housing. Kevin McNamara asked if this is a State recommended article? Eric Miller was concerned what the ramifications this would have on the Town. Joan Whitney explained that, if passed, this article would be beneficial to the Town because they would have control over it.
No Amendments can be made to this article.
ARTICLE 3: Shall the Town of Kensington 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 of the first session, for the purposes set forth therein, totaling $1,565,115 (one million, five hundred sixty five thousand, one hundred and fifteen dollars)? Should this article be defeated, the operating budget shall be $1,568,344 (one million, five hundred sixty eight thousand, three hundred and forty four dollars), which is the same as last year, with certain adjustments required by previous action of the voters 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. Note: This warrant article (operating budget) does not include appropriations in any other warrant article.
Selectmen recommend this appropriation
Discussion: Mike Motherway explained budget column headings and pointed out that after a lot of work the final budget is $34,000.00 less than the default budget.
No amendments made. Voice vote in the affirmative. Carried
ARTICLE 4: To see if the town will vote to raise and appropriate the sum of $100,000 (one hundred thousand dollars) for town road reconstruction. This will be a non-lapsing appropriation as per RSA 32:7, VI and will not lapse until December 31, 2011. This appropriation is in addition to Warrant Article 3, the operating budget article.
Selectmen recommend this appropriation
Discussion: Chris Batchelder asked if $100,000.00 would be enough since in years past we needed $200,000.00. Dave Buxton, Road Manager, explained it would take twice as long to finish if the funds stayed at $100,000.00 for years to come. Selectmen Rich Powers explained that due to lack of revenue the Selectmen needed to make cuts. Next year it could be brought back to $200,000.00. Dave Buxton questioned the effect an extra $100,000.00 would have on taxes. Mike Motherway answered with about $.20 per thousand per taxpayer. Discussion continues on whether the article should say $200,000.00. Deb Congdon points out that if the article gets defeated at election the town gets no money. Rich Powers explained the town has lost about $90,000.00 in revenue from 09’ due to fewer new cars, and no new developments in town.
No amendments made. Voice vote in the affirmative. Carried.
ARTICLE 5: To see if the municipality will vote to raise and appropriate $3,220.00 (three thousand two hundred and twenty dollars) to supplement the Kensington Recreation budget of 2010 in order to provide recreational activities throughout the year promoting community involvement.
Selectmen recommend this appropriation.
Discussion: Julie Noyes asked what the $3220.00 was for. Dawn Perry, recreation committee member, mentioned activities like the father daughter dance, movie night, and the Town festival. Mike Motherway explained how the money was taken out of the submitted request for 2010’s budget and that this article would allow the residents to vote for these activities.
No amendments made. Voice vote in the affirmative. Carried.
Moderator questioned the residents as to whether there were enough Kensington Place residents attending to Discuss article 6.
Residents responded with “Yes.”
ARTICLE 6: To see if the town will vote to raise and appropriate $115,000 (one hundred fifteen thousand dollars) to complete construction items necessary to bring Kensington Place into compliance with the Kensington Subdivision Regulations. This appropriation will be totally offset by the settlement funds received from the legal settlement agreements reached between the town, banks and bonding company. This will be non-lapsing until the project is complete or until December 31, 2012, whichever is sooner. This article will not increase the tax rate.
Selectmen recommend this appropriation.
Discussion: Mike Motherway clarified that $82,000.00 was money in the town’s hands and the rest was estimated money coming in. Andy White wondered if the rest of the money didn’t come in if the town was to cover the difference. Mike Motherway stated the town was not going to cover the difference. Deb Congdon explained that the $82,000.00 in settlement money was in hand and that this article would allow the Selectmen to start utilizing the money to fix Kensington Place. Deb Congdon motioned to amend the article.
Amendment 1: Deb Congdon changed the first sentence to read “The following article will not increase the tax rate as the funds have been raised.” Voice vote unclear. Hand vote called. Defeated.
Amendment 2: Made by Mike Motherway. Changes first sentence to read “This article will not increase the tax rate.” Followed by “To see if the town will vote to raise up to $115,000.00,” and adds “Kensington Place residents” after “bonding company,” in second sentence. Voice vote affirmative. Amendment carried.
Moderator stated we would skip to article 12 since they were related.
ARTICLE 12: By petition of Robert Long and 25 other registered voters: To see if the Town will accept Hoosac Road, French’s Lane and Weare Road in their present condition as Class V (5) Town Roads
Discussion: Bob Noll asked about the condition of roads. Dave Buxton said that Hoosac Rd and Weare Rd were acceptable but French’s Lance could use some work. Norman Giroux mentioned he met with Engineers and they had stated that these roads were the best roads they had seen in their condition. Donna Carter pointed out that 75% of the roads in Kensington do not have topcoats.
No amendments made. Voice vote in the affirmative. Carried.
ARTICLE 7: By petition of Julie Hall and 25 other registered voters: To see if the Town will vote to raise and appropriate the sum of $5,000 (five thousand dollars) to hire a certified applicator to apply preventative, proactive perimeter/barrier tick and mosquito spraying with an EPA-approved aracide from May 1 to October 31 at the Kensington Elementary School, Sawyer Park and Sawyer Field, and the Town Hall area for the purpose of protecting its residents from Lyme Disease, West Nile Virus and Eastern Equine Encephalitis (EEE) which are prevalent in this area.
This appropriation is in addition to Warrant Article 3, the operating budget article.
[Intent: Lyme, West Nile and EEE are potentially debilitating and/or fatal diseases carried by ticks and mosquitoes. Rockingham County has the highest incidence of Lyme disease in NH and Kensington has been on the Dept of Health and Human Services EEE public Health threat list for years. This will be part of the Town’s integrated pest management plan, which includes public education about personal protection measures, habitat management and avoidance of high risk and mosquito habitats. It will help the Town reduce the public threat of human exposure to these diseases.]
Selectmen do not recommend this appropriation.
Discussion: Julie Hall pointed out that Kensington is a high-risk area for all these deadly diseases. Shared how Lyme disease has affected a member in her family. Eric Miller called for clarification on what the money in the budget under Pest Control covers? Mike Motherway stated the money was for traps in target areas to check for West Nile or EEE. Dawn Perry wanted clarification on if the town would still use the traps if the article passed. Mike Motherway stated yes, because we were under contract. Noted with positive tests we spray. Last year there were no positive tests, but the town sprayed anyway due to positive tests in local Towns. Dr. Carl Singer, Deputy Health Officer stated it was a recommendation of the CDC and State to spray with a positive test. Taylor Florence noted that residents on her street sprayed their yards last year and were very happy with the results. Felicia Motherway questioned the dangers of pesticides and was not in favor of “calendar” spraying. Residents shared how these diseases had killed family members and how quickly it had happened.
No amendments made. Voice vote in the affirmative. Carried.
ARTICLE 8: To see if the town will vote pursuant to RSA 72:37 to provide an exemption to every inhabitant who is legally blind as determined by the blind services program, bureau of vocational rehabilitation, or the department of education. Each blind person so determined shall be exempt each year on the assessed value, for property tax purposed, of his or her residential real estate to the value of $15,000.00.
Discussion: Rich Powers questioned if the income of the blind was a part of the qualification for the exemption. Peter Merrill stated that the income would not be a qualifying factor. Joni Reynolds introduced herself as a lawyer and said the Town would be opening themselves up to all other disabilities. Moderator stated that a “no” vote would not carry the article to the ballot.
No Amendments made. Voice vote in the Negative.
Per RSA 40:13 VI, All warrant articles shall be placed on the official ballot for a final vote, including warrant articles as amended by the first session, the article will be carried as “To see if.”
ARTICLE 9: To see if the town will vote to designate the board of selectmen instead of the recreation director to have the authority to order expenditures from the Recreation Revolving Fund pursuant to RSA 35-B2, II. No further approval of the legislative body is required for the use of the funds.
Discussion: Mike Delsesto asked for an explanation of the article. Mike Motherway stated this would allow the Selectmen to have a better understanding of what amount of money would be needed for Park and rec bills. It would not allow the Selectmen to use the money for anything else. Also noted that right now the current system works, but would not be efficient in the future. Clarified that the Recreation committee and the Selectmen manage the account now. John Andrease wanted to point out that this would eliminate some of the red tape and allow bills to be paid faster.
No amendments made. Voice vote in the affirmative. Carried.
ARTICLE 10: To see if the municipality will vote to amend the 1992 trash sticker warrant article to read, “The town authorizes each household qualifying for an elderly exemption one free sticker per week, remaining households will purchase stickers with an effective start date of April 1, 2010."
Discussion: Joan Whitney wanted to know how much each trash sticker would cost. Mike Motherway stated the expectation would be to remain $2.00. Explains the unforeseen increases in cost of trash removal last year. Mike Motherway defined “elderly” as being based on income, assets, and a minimum age of 65. Rich Powers pointed out that this article, if passed, would turn trash stickers into a user fee instead of taxes. Keith Congdon pointed out that user fees are not tax deductible. Moderator, Harold Bragg, stated that a “yes” vote would carry the article to ballot as is and a “no” vote would not carry the article to the ballot.
No amendments made. Voice vote in the negative.
Per RSA 40:13 VI, All warrant articles shall be placed on the official ballot for a final vote, including warrant articles as amended by the first session, the article will be carried as “To see if.”
ARTICLE 11: Are you in favor of amending the 1985 Littering Ordinance with the following, which establishes a clearer fine structure:
LITTERING ORDINANCE
SECTION I
No person, shall put or place, or cause to be put or placed, in and upon any Town owned roadway or property any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old automobiles or parts thereof, or refuge of any nature, noxious thing or abandoned property.
SECTION II
A. Penalty – Any person violating any of the provisions of this Ordinance shall be guilty of a violation and up conviction thereof shall be liable to a penalty of not more than Five Hundred dollars ($500.00) for each offense.
1. First offense - $100.00
2. Second offense - $250.00
3. Third offense - $500.00
B. Validity – If any section or part of a section, or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this ordinance.
Discussion: Kevin McNamara asked if there were already littering laws. Mike Motherway clarified that they are State laws and only enforced on State roads. This ordinance would be enforced on Town roads. Reminded residents of all the littering on Frying Pan Lane. An “offence” was defined as an action not a time period.
No amendments made. Voice vote in the affirmative. Carried.
ARTICLE 13: 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”.
Discussion: Wendy Larson thought this would be a State issue not a Town issue. Kevin McNamara stated this was concerning residents right to vote, not whether they were for or against. Norman Giroux wanted understanding of what a “Yes” or “No” vote meant. Moderator explained a “yes” vote would carry the article, as it reads, to the ballot and a “no” vote would not carry the article to the ballot.
No amendments made. Voice vote unclear. Hand vote called. 23 Ayes, 28 Nays.
Per RSA 40:13 VI, All warrant articles shall be placed on the official ballot for a final vote, including warrant articles as amended by the first session, the article will be carried as “To see if.”
ARTICLE 14: Are you in favor of amending the Rules and Regulations of the Ordinance adopted at the March 1980 Town Meeting to regulate the care, protection, preservation and use of the Town Park, which reads, “Alcoholic beverages will be permitted only after securing a permit from one of the Selectmen”, to read, “Alcoholic beverages will be permitted only after securing a permit from the Board of Selectmen.”
No Discussion.
No amendments. Voice vote in the affirmative. Carried.
David Macek made a motion to reopen discussion on article 5. Seconded by Andy White.
Discussion: Dave Macek stated that the rec doesn’t usually spend all their money. Marilyn Niles pointed out there was not a lot of funding left. Debate over the budget. Dawn Perry noted the rec committee is trying to do a lot more this year.
No amendments made. Voice vote in the affirmative. Carried.
51 registered voters present
Deliberative Session adjourned at 10:30pm, to commence voting by official ballot on March 9, 2010.
Respectfully Submitted,
Jessica T Dostie, Acting Town Clerk