TownWarrant02-06-10

FIRST SESSION:
To the inhabitants of the Town of Raymond, in the County of Rockingham in said State, qualified to vote in Town affairs: You are hereby notified to meet at the Raymond High School in said Raymond on Saturday, the Sixth (6th) of February, 2010 at Ten of the clock (10:00 a.m.) in the forenoon. This session shall consist of explanation, discussion and deliberation of the warrant articles numbered 1 through 35. The warrant articles may be amended subject to the following limitations: (a) warrant articles whose wording is prescribed by law shall not be amended, and (b) warrant articles that are amended shall be placed on official ballot for a final vote on the main motion as amended.

SECOND SESSION:
Voting Session to act on all Warrant Articles as amended, including the proposed budget, as a result of the action of the “FIRST SESSION” will be held Tuesday, March 9, 2010, at the Iber Holmes Gove Middle School. Polls will be open from 7:00 AM – 7:00 PM.

Article 2. Zoning Amendment #1 – To amend Article III – Zones to add Section 3.100, Overlays, Zone FEH – Fluvial Erosion Hazard District; FURTHER to amend Article III, Section 3.300, Overlay Zones, Districts and Applications, by adding Section 3.330 through 3.332, Zone FEH – Fluvial Erosion Hazard District, which creates an overlay district, the boundaries of said district being delineated on plans kept on file with the Town of Raymond and the process for delineation, making changes to the delineation, and challenges to the delineation by the property owner are all described in the ordinance, the purpose of the ordinance includes the protection of public and private property within the zone and to prevent risk within the zone by limiting new development; FURTHER to amend Article IV, Uses and Standards, to add Section 4.900 through 4.912, Fluvial Erosion Hazard District to create a series of definitions of relevant terms including Fluvial Erosion Hazard and certified plot plan, to regulate such new development by defining exempt uses, prohibited purposes, allowed uses, or, alternatively, to require a conditional use permit from the Planning Board where certain requirements are met including but not limited to the possible need for professional studies and the circumstances under which applicants must pay; FURTHER to provide a system whereby the delineation of the zone can be reviewed by the Zoning Board of Adjustment; FURTHER to provide a system where variances can be requested from the Zoning Board of Adjustment and a description of the variance requirements for same; FURTHER to provide a system whereby applicants may appeal decisions of the Planning Board, on conditional use permits.

Article 3. Zoning Amendment #2 – To amend Article V, Section 5.100 to add a section which indicates that the potential installation of a water line to the area adjacent to the Mottolo Superfund Site will not result in the connected lots being subject to the less restrictive dimensional requirements of “Zone A with Town Water” and that the connected lots will continue to be subject to the lot size, frontage and setback requirements of the zones in which they are located. The purpose of the amendment is to allow the Planning Board time to develop a plan for the orderly development of municipal services needed to accommodate the potential growth of such connected lots. The ordinance will terminate within eighteen months of enactment.

Article 4. Zoning Amendment #3 – To amend Article VII, Section 7.504 (01) by adding a new section, 7.504(01)(a), which indicates the categories of development potentially subject to impact fees and which provides authority for the Planning Board to select which categories of development will be subject to the impact fee in accordance with the assessment methodology to be adopted by the Planning Board, such methodology to be adopted prior to making any assessments.

Article 5. Zoning Amendment #4 – To amend Article VIII, Section 8.110, Paragraph 2, to require sprinkler systems be installed in all newly constructed and substantially renovated commercial and institutional buildings, and all forms of residential dwellings.

Recommended by the Planning Board.

Article 6. Zoning Amendment #5 – To amend Article VIII, Section 8.100 to clarify that wheelchair ramps and similar disability access structures shall be considered nonpermanent, for the purpose of providing a certified plot plan only, when applying for the required building permit; FURTHER to amend Article VI, Special Provisions, to add Section 6.900 entitled Disability Access Structures, which enables the Code Enforcement Officer to grant building permits for Disability Access Structures as referenced in Article VIII, Section 8.100 (03)(d) notwithstanding that such Disability Access Structures may not comply with area dimension or setback requirements, provided that the applicant meets the specific criteria set forth in the ordinance. The building permit is valid only during the time when there is a need for the use of disability access structures by disabled persons as referenced in the ordinance.

Article 7. Zoning Amendment #6 – To amend Article IX by adding a new Section, Section 9.500 to place reasonable time limitations on relief granted by the Zoning Board of Adjustment, and to provide a provision allowing applicants to seek extension of approvals which would otherwise lapse.

Article 8. Zoning Amendment #7 – To amend Article II, Section 2.100 to add a definition for the term Variance consistent with the provisions of the proposed amendment of Article IX; FURTHER to amend Article IX generally to make the Ordinance consistent with applicable RSAs concerning the powers of the Zoning Board of Adjustment, and the criteria for variance, special exception and equitable waiver relief.

Article 9. Zoning Amendment #8 – To amend Article II, Section 2.100, Definitions, #80 – Use, Residential Low Density by adding “(in accordance with Article V, Section 5.104)” to the end of the existing text; FURTHER to amend Article IV, Section 4.302, Definitions, subparagraph 02, Yield Calculation, by deleting the entire section and replacing it with language clarifying that the maximum number of single-family lots permitted within a Conservation Development is to be determined by the underlying zoning as outlined in Article V; FURTHER to amend Article IV, Section 4.305, Density, by deleting this section in its entirety; FURTHER to amend Article IV, Section 4.500, Manufactured Home Parks, by deleting subsection 05 in its entirety and renumbering the subsequent subparagraphs within this section; FURTHER to amend Article IV, Section 4.600, Multi-family Housing, subparagraph 03 by clarifying that in no case shall density exceed eight (8) bedrooms per non-Zone G acre; FURTHER to amend Article IV, Section 4.700, Dwelling Two-family Unit, subparagraph 02 to clarify that Zone G land shall not be used to satisfy lot size requirements; FURTHER to amend Article V, to add Note 9 clarifying that Zones A, B & E, including all residential overlay zones, shall not include the use of Zone G land in determining the maximum number of units or lots being developed; FURTHER to amend Article V, Section 5.104, Special Requirements in Zone G, subparagraph 01 by changing the existing wording that reads “all lots in Zone G…” to read “All lots containing Zone G…,” and to delete the dimensional requirements table within this subparagraph; FURTHER to amend Article V, Section 5.104, Special Requirements in Zone G, subparagraph 02 to clarify that minimum usable area calculations shall require a minimum of 20,000 contiguous square feet of non-Zone G land in Zone A, and a minimum of 40,000 contiguous square feet of non-Zone G land in Zone B, and to clarify that frontage and setback requirements under Article V, Sections 5.102 and 5.103 shall remain in effect and that a minimum wetland setback shall remain in effect, and to delete the table labeled “Minimum Lot Requirements for Zone B” within this subparagraph; FURTHER to amend Article V, Section 5.104, Special Requirements in Zone G, subparagraph 03, “Minimum Lot Requirements for Zone A” by deleting this subparagraph and also deleting subsection (a) within this same subparagraph, in their entirety.

Article 10. To see if the Town will vote to raise and appropriate up to the sum of Two Million Five Hundred Thousand dollars ($2,500,000.00) for the purpose of designing, installing and inspection of an extension of the Town's water system from where it ends at Batchelder Road to the Blueberry Hill Road area, including but not limited to Blackberry Lane, Hucklebery Lane, Jennifer Lane, Lemon Tree Court, Peach Tree Court, Randy Lane, Raspberry Lane, Strawberry Lane, Windmere Drive, Blake Road, and cul-de-sacs off of Blake Road; to address the needs of the residents of that area; Two Million Five Hundred Thousand dollars ($2,500,000.00) of such sum to be raised through the issuance of bonds or notes under and in compliance with the Municipal Finance Act, RSA 33:1 et seq., as amended; to authorize the Selectmen to apply for, obtain and accept federal, state or other aid, if any, which may be available for said project and to comply with all laws applicable to said project; to authorize the Selectmen to issue, negotiate, sell and deliver said bonds and notes and to determine the rate of interest thereon and the maturity and other terms thereof; and to authorize the Selectmen to take any other action or to pass any other vote relative thereto.
(3/5 ballot vote required.)

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 11. To see if the Town will vote to raise and appropriate up to the sum of Three Hundred Thousand Dollars ($300,000) for the purpose of installing, testing and permitting a series of new wells for future development of the town’s water system; Three Hundred Thousand Dollars ($300,000) of such sum to be raised through the issuance of bonds or notes under and in compliance with the Municipal Finance Act, RSA 33:1 et seq., as amended; to authorize the Selectmen to apply for, obtain and accept federal, state or other aid, if any, which may be available for said project and to comply with all laws applicable to said project; to authorize the Selectmen to issue, negotiate, sell and deliver said bonds and notes and to determine the rate of interest thereon and the maturity and other terms thereof; and to authorize the Selectmen to take any other action or to pass any other vote relative thereto: furthermore that while the repayment of principal and interest shall be a general obligation of the town, it is the Selectmen’s intent that the repayment of the principal and interest shall be paid from water revenues.
(3/5 ballot vote required.)

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 12. Shall the Town of Raymond 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 Six Million Eight Hundred Forty Nine Thousand Nine Hundred Eighty Dollars ($6,849,980)? Should this article be defeated, the default budget shall be Six Million Nine Hundred Six Thousand Nine Hundred Three Dollars ($6,906,903), which is the same as last year with certain adjustments required by previous action of the Town of Raymond 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 operating budget warrant article does not include appropriations contained in ANY other warrant articles.

Not Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 13. To see if the Town will raise and appropriate the sum of Two Thousand Dollars ($2,000) to be placed in the Town of Raymond Scholarship Fund for Raymond High School senior graduates and any Raymond Resident attending their first year of college (established pursuant to Warrant Article 23 at the 2000 Town Meeting), said funds to be administered by the Board of Selectmen as agents to expend.

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 14. To see if the Town will vote to raise and appropriate the sum of Two Hundred Sixty-Six Thousand Nine Hundred Dollars ($266,900) to be deposited into previously established Capital Reserve Funds (listed below), and to apportion this sum among the several funds as listed below, naming the Board of Selectmen as agents thereof.

                                                                               2010                Recommended
Name                                                                             Amount         Selectmen    BudCom
_________________________________________________________________________________________________

General Government Improvements
and Maintenance	$ 11,500	yes	no
Highway Heavy Equipment	$ 40,000	yes	no
Highway Vehicle Replacement	$ 70,000	yes	no
Bridge Maintenance	$ 3,500	yes	no
Sidewalks	$ 1,000	yes	no
Master Plan Updates	$ 0	yes	no
Town Office Technology	$ 0	yes	no
Revaluation	$ 30,800	yes	no
Police and Dispatch
Equipment and Vehicle Fund	$ 10,000	yes	no
Fire Department Equipment & Vehicle Fund	$100,000	yes	no
Recreation Equipment, Vehicles & Facilities Fund	$ 100	yes	no
Parks Equipment, Vehicles and Facilities Fund	$ 0	yes	no
	========
Total	$266,900

Recommended by the Board of Selectmen.
Not Recommended by the Budget Committee.
This is a special warrant article.

Article 15. To see if the Town will vote to raise and appropriate the sum of Twenty-Five Thousand Dollars ($25,000) to be deposited into previously established Capital Reserve Funds (listed below), and to apportion this sum among the several funds as listed below. These funds shall be paid by Water Revenues.

New Water Treatment Facility	$ 2,400
Clean Wells	$ 2,500
Paint Water Tank Towers	$ 2,500
Water Dept Utility Replace Vehicle	$ 100
New Well Site Acquisitions	$ 17,500

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 16. To see if the Town will raise and appropriate the sum of One Hundred Forty-Nine Thousand Dollars ($149,000) for road reconstruction projects. This will be a non-lapsing appropriation per RSA 32:7, VI and will not lapse until the road reconstruction work has been completed or in two years, whichever is sooner.

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 17. To see if the Town will vote to raise and appropriate the sum of Eighty-four Thousand Three Hundred Forty-Seven Dollars ($84,347) in support of the following Social Service Agencies:

A Safe Place	$ 2,875
American Red Cross - Manchester Chapter	$ 1,200
Area Homemaker Health Aide Service	$ 4,500
Big Brothers Big Sisters of the Seacoast	$ 1,000
Child Advocacy Center of Rockingham Co.	$ 1,000
Child and Family Services	$ 5,500
Lamprey Health Care	$ 6,500
Retired Seniors Volunteer Program	$ 600
Richie McFarland Children Center	$ 3,025
Rockingham County Community Action	$36,049
Rockingham County Nutrition Program	$ 2,535
Rockingham Visiting Nurse Association	$12,913
Seacoast Hospice	$ 2,350
Seacoast Mental Health	$ 3,000
Sexual Assault Support Service	$ 1,300
Total	$84,347

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 18. To see if the Town will raise and appropriate the sum of Fifty-Four Thousand Seventy Five Dollars ($54,075) for the purpose of Controlling Adult Mosquitoes by applying by spray and/or other means bacterial insecticide into stagnant water for mosquito larvae control and taking other reasonable steps to control the adult mosquito population in the Town of Raymond.

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 19. To see if the Town will vote to raise and appropriate the sum of Twenty Thousand Dollars ($20,000) for the purpose of paying for a portion of the revaluation of the town as required by state law. The $20,000 to be taken from the town’s existing unreserved fund balance and not to be raised by taxation. The revaluation will be started in 2010, and is scheduled to be completed in 2011.

Recommended by the Board of Selectmen.
Recommended by the Budget Committee.
This is a special warrant article.

Article 20. Shall the Town of Raymond vote to amend Section 281-1 of the Raymond, NH Town Code to allow snowmobiling on the following town owned parcels;

Road Map Lot Acreage
_______________________________________________________________________

1. Shatagee Road	7	9
	7	13
	13	2
	13	4
	19	2	Total 149 Acres
2. Bald Hill Road	8	36	50 Acres
3. Langford Road	25	11	304 Acres (Dearborn)
4. Colonial Drive	29	38	75.5 Acres
5. Route 156	35	4	215 Acres (Flint Hill)
6. Cilley Road	39	6	371 Acres (Cassier)
7. Deerfield Road	44.29	1	56.1 Acres (Robinson Hill)

Snowmobile use will only be allowed during the winter months and when NH Snowmobile Trail # 15 has its gates opened to allow snowmobile travel. This article shall be administered by the Board of Selectmen. Further, the Selectmen shall have the authority to restrict or prohibit use based upon unforeseen damage at their sole discretion.

Article 21. Shall the Town of Raymond vote to amend Section 281-1 of the Raymond, NH Town Code to allow OHRV use, with the exclusion of trail bikes, on the town owned parcel on Bald Hill Road at Map 8, Lot 36, comprising 50 Acres? Further, the Selectmen shall have the authority to restrict or prohibit use based upon unforeseen damage at their sole discretion. Passage of this article and Article 32 shall mean that OHRV use is allowed on the Town owned Bald Hill Road parcel, but is not allowed on other Town owned land. No cutting or removal of trees, vegetation or debris except for maintenance of existing trails. No building of any structures, including bridges without the approval of Board of Selectmen and as advised to do so by the Conservation Commission. No creation of new trails without the approval of the Board of Selectmen and as advised to do so by the Conservation Commission. All users must abide by the State of New Hampshire RSA's.

Article 22. Shall the Town of Raymond vote to ratify the previous actions of the selectmen to raise the cost of burial plots from the previously authorized amount of One Hundred Seventy-Five ($175) to Three Hundred Twenty-Five ($325) for a single space lot. One Quarter (25%) of the cost of the burial plot is to be used for maintenance and upkeep, One Half (50%) is to be placed in an expendable trust for expansion of the Raymond cemeteries, and One Quarter (25%) is to be held in trust for the perpetual care of the specific lot. The interest generated from the monies held in trust are to be used for perpetual care.

Article 23. Shall the Town of Raymond vote to apportion any future cemetery plot fees as follows: Two expendable trusts will be established pursuant to RSA 31:19A. The first expendable trust will receive one half of the plot fee for the purpose of maintenance and upkeep of the Raymond cemeteries. The second expendable trust will be for the expansion of the Raymond cemeteries and will receive the second half of the plot fee. The Raymond selectmen will be the agents to expend these funds.

Article 24. Shall the Town of Raymond vote to discontinue the Board of Cemetery Trustees by delegating their duties and responsibilities to the Town Manager, who acts subject to the direction of the Board of Selectmen under RSA 37, and subject to the condition that cemetery fees may only be set after two public hearings before the board of Selectmen.

Article 26. Shall the Town of Raymond vote to support No Discharge of Firearms on Town Owned Properties that are less than 30 acres in neighborhoods with close proximity to homes. This includes the following parcels: Bald Hill Road map 8 lot 62 ~ 9 acres; Brown Road map 11-4 lot 16 ~ 11 acres; Jefferson Road map 17 lot 103 ~ 11 acres; Birch Court map 21 lots 29 & 30 ~ 13 acres; Main Street map 23 lot 14 ~ 20 acres; Old Stage Road map 46 lots 27 & 28 ~ 9 acres; and 4 parcels on Route 27 - map 38 lot 9 ~ 17 acres, map 38 lot 4 ~ 20 acres and map 38 lots 11 & 33 ~ 26 acres.
This is a petition warrant article

Article 28. To see if the Town will vote to authorize the Selectmen to allow hunting on all Town owned property where not currently permitted that met the regulation of New Hampshire Fish and Game Laws Title XVIII. The property should be contiguous to larger areas accessible to sportsmen. Public input should be afforded.
This is a petition warrant article

Article 29. Shall we rescind the provisions of RSA 79-A:25-a which account for revenues received from the land use change tax in a fund separate from the general fund? Any unappropriated surplus remaining in the land use change tax fund, and any future land use change tax revenues shall immediately be deemed general fund revenue.
This is a petition warrant article

Article 30. To see if the Town of Raymond shall commence paying immediately the normal yield tax (Timber Tax) collected under RSA 79:3 into its General Fund for the use of the town as determined by the Selectmen and as authorized by RSA 79:13.
This is a petition warrant article

Article 33. Shall the Town vote to direct the Board of Selectmen to place a Conservation Easement on the entire 370 acre parcel known as the Lillian Cassier Memorial Town Forest (Map 39 Lot 6) within 6 months of March 9, 2010. The conservation easement is to be held by a recognized New Hampshire conservation easement holding entity. This easement will permanently protect the parcel for the benefit of Raymond residents, by preserving the natural resources, wildlife and their habitats and by enhancing the scenic value of open space which are essential parts of Raymond’s rural character as referenced in Raymond’s Master Plan. The one-time fees for legal work, conservation easement preparation, title search, deed recording and stewardship monitoring will be paid out of the Conservation Commission Fund. Therefore, there will be no tax impact.
This is a petition warrant article

Article 34. Shall the Town vote to direct the Board of Selectmen to support the Conservation Commission’s initiative to purchase the Audette Estates property, 78+/- acres (Map 33 Lots 24-45) between Audette Road and Smith Pond Road, with all expenses not to exceed $275,000.00. The conservation easement will be placed on the entire parcel at the time of the purchase and is to be held by a recognized New Hampshire conservation easement holding entity. This easement will permanently protect the parcel for the benefit of Raymond residents, by preserving the natural resources, wildlife and their habitats and by enhancing the scenic value of open space which are essential parts of Raymond’s rural character as referenced in Raymond’s Master Plan. The one-time fees for legal work, conservation easement preparation, title search, deed recording and stewardship monitoring will be paid out of the Conservation Commission Fund per RSA 36. Therefore, there will be no tax impact.
This is a petition warrant article

Article 35. To transact any other business that may legally come before this meeting.

____________________________ ____________________________
John S. Barnes Jr., Vice-Chairman William A. Hoitt, Selectman

____________________________ ____________________________
Cheryl Killam, Selectman Joyce Wood, Selectman

This is to certify that I, Christopher Rose, acting in my capacity as the Town Manager, hereby affirm that on the ___ day of January, 2010, I gave notice to the inhabitants of the Town of Raymond by posting an attested copy of the within 2010 Town Meeting Warrant at the Raymond High School within named and posted a like attested copy at the Raymond Town Office, being a public place in said Town in accordance with the provisions of RSA 39:5, on behalf of the Board of Selectmen.

On this ____ day of January, 2010, personally appeared before me the above named Christopher Rose, known to me to be the person whose name is subscribed to this certificate, and acknowledged that he has executed the same for the purposes herein contained. Before me:

_________________________________
Notary Public/Justice of the Peace
My Commission Expires:_____________

Raymond Voter Information Project

Town of Raymond Town Warrant 2010 (updated 02/06/10)

Click HERE for Town of Raymond file (posted when revised warrant is available)