2002 TOWN MEETING

 

 

March 12, 2002

 

The checklist was posted and the meeting called to order by Moderator Fred Mullen.  The Town Warrant was read.  The motion by Selectman Leslie Hammond to waive further reading of the warrant passed.  Absentee ballots would be cast at 1:00 PM.  The polls opened at 8:03 AM.

 

The business portion of the meeting opened at 7:01 PM.  Voters were directed to obtain voting cards from the Supervisors of the Checklist.  The Town Officers were introduced.  Dan and Gayle Troy were thanked for volunteering to run the sound system.  It was noted that the Town Report was dedicated to Alfons Vaal.   The King of Belgium recently knighted him for his services during Word War II when he was a resident of that country.  It was also noted that this year marks the 100th anniversary of the Dunbarton Telephone Company, incorporated March 18, 1902.

 

The rules of the evening were announced. Moderator Mullen directed voters to open their Town Reports to the 2002 Town Warrant.  The motion by Selectman         J.R. Swindlehurst III to waive the reading of the body of the warrant passed.

 

ARTICLE I     The motion was made to choose all necessary town officers for the ensuing year.  Selectman Leslie Hammond nominated Lori Davis for the position of Overseer of Welfare.  David Breault nominated Brian Little for the same position.  By a show of hands, the vote was:  Lori Davis 95 votes; Brian Little 164 votes.  Brian Little was declared Overseer of Welfare for the year 2002.

 

            The following nominees were elected to the position of Hog Reeve:  Jan and Janice VandeBogart, Philip and Stephanie Anderson, Jeff and Christine Mathis.  Moderator Fred Mullen swore the VandeBogarts into office.

 

ARTICLE II    The petitioned article:  “Are you in favor of increasing the Board of Selectmen to five members? ”  was placed on the Official Ballot.  The count was:     Yes:  342                No:  363                      The article FAILED.

 

ARTICLE III   To raise such sums of money as may be necessary to defray town charges for the ensuing year and make appropriations of the same in amounts as follows:

 

           

Executive

$    75,643

Elections, Registration & Vital Stats

29,054

Financial Administration

67,305

Audit

4,850

Assessor

21,100

Legal Expenses

54,300

Personnel Administration

84,523

Planning & Zoning

8,950

General Government Buildings

69,695

Cemeteries

7,980

Insurance

20,000

Police

130,775

Fire

53,717

Building Inspection

29,140

Emergency Management

800

Highway Department

395,055

Solid Waste Expenses & Disposal

166,898

Pest Control

2,400

Home Nursing Services

1,576

Community Action Program

1,539

Welfare

7,500

Parks & Recreation

7,125

Old Home Day

4,000

Memorial Day

10,500

KTFCA

300

Historical Awareness

2,500

Historical Society

750

Library

60,240

Conservation Commission

590

 

 

 

$  1,318,805

 

Selectman J.R. Swindlehurst moved the article to the floor.  The article PASSED.

 

ARTICLE IV  Lori Davis made the motion to see if the Town will raise and appropriate from surplus the sum of $ 124,000 for capital improvements and equipment at the Dunbarton Transfer Station.  A lengthy discussion followed.  A request for a secret ballot was made by:  Carl Metzger, David Breault, Daniel Gobin, Heather Metzger, and Krista Scarlett.  The count was:     YES:   177     NO:     95        The article PASSED.

 

ARTICLE V   The motion by John R. Swindlehurst III to see if the Town will vote to authorize the Selectmen to enter into a five year lease purchase agreement for the purpose of leasing a roll-off container truck for the transfer station.  The first year payment to be made in 2003 not to exceed $ 25,000 for that purpose.  This lease agreement contains an escape clause.  The motion PASSED.

 

ARTICLE VI  The motion by Chief Jeff Nelson to see if the Town will vote to raise and appropriate the sum of $ 34,000 for the purchase of a new police cruiser and equipment and installation of equipment PASSED.

 

ARTICLE VII             The motion was made to see if the Town would vote to raise and appropriate up to $1,150,000 for the protection of 664 acres surrounding the Kimball Pond Conservation Area.  Funds in the amount of $ 100,000 shall come from the Town Conservation Fund, $700,000 from the Forest Legacy, $60,000 from LCHIP, $265,000 from other non-town grants and donations that may become available, and to raise and appropriate $25,000 from the Town.  Protection for this property known as the Nassikas property (lots C5-01-04, C5-02-01, C6-01-05, and D5-01-05) will be by outright purchase of the Nassikas Corporation which owns the land.  The Nassikas Corporation will then be dissolved.  A conservation easement will be placed on the Nassikas lots and also on Town lots C5-01-07, C5-01-08, C5-02-03, C5-02-05, C5-01-10, C5-03-01, C5-03-02, D5-01-01, D4-01-25, E5-01-07, E5-01-08, E5-01-10, and E5-01-19.  The State of New Hampshire, DRED, Division of Forests and Lands will hold the easement while the Town will own the land.  Protection will ensure that the Property is maintained as permanent open space and managed in a way consistent with the Kimball Pond Conservation Area Management Plan now in effect.  Brett St. Clair, Vice Chairman of the Conservation Commission spoke to the article.  The Motion PASSED.

 

ARTICLE VIII            The motion was made by Les Hammond to see if the Town will vote to raise and appropriate the sum of $ 430.31 to be used as determined by the Town Forest Committee; the same to be withdrawn from the Winslow Town Forest Fund.  The article PASSED.

 

ARTICLE IX              The motion was made by Linda Peters to see if the Town will vote to change the method of compensation (RSA 41:25) for the Town Clerk from a combination of salary and statutory fees to an annual salary plus benefit package offered to full time town employees, and further to raise and appropriate $26,014 in salary and benefits, which represents the difference between the current status and remainder of the fiscal year.  The Town Clerk’s position will change from part time to full time effective April 1, 2002.  All remaining fees shall be paid to the Town Treasurer for the use of the Town.  This package shall be reviewed annually for equity purposes.  This article is in effect until rescinded by the legislative body at a future town meeting.  This article was submitted by petition.  A lengthy discussion followed.  A request by a secret ballot was made by:  Lori Davis, Lisa Tierney, Paulette Devino, Vincent A. Devino, Jacqueline A. Kennedy, Shelley DalPra, and Alan Rockenbach.   The count was:  YES:  100    NO:  145.  The article FAILED.

 

ARTICLE X   The motion to amend the petitioned article, “Are you in favor of electing Planning Board Officials?  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting” was proposed by Brian Little  to read: Are you in favor of electing Planning Board Officials pursuant to RSA 673:2.2b?  This designates what way we choose to have the Planning Board Members elected if it went to election.  Such authorization shall run indefinitely till specific rescission of such authority by legislative body at town meeting. Selectman Hammond questioned the legality of the article because it was not presented on an official ballot.  Upon approval from voters, Moderator Fred Mullen requested that the question be addressed by Town Council, Charles Bauer.  Attorney Bauer felt the article should have been presented by official ballot and that the body of the article should have indicated the number of members and whether the terms of the elected members would be staggered or not.  He felt that it could be put to a vote but it would be non-binding.  David Breault expressed his disappointment that the average citizen should have so much difficulty putting together an article for the warrant and felt that in the future more guidance should be given to citizens attempting to add an article to the warrant.  A lengthy discussion followed.  Motion was made by John R. Swindlehurst II to table the article.  Moderator Mullen would not accept a motion to table the article because it is a non-debatable motion but would accept a motion to postpone the article indefinitely which is debatable.  Motion was made by Mr. Swindlehurst.  MOTION TO POSTPONE THE ARTICLE INDEFINITELY PASSED.

 

Polls were closed at 9:32 PM.  At 11:10 the motion was made to recess the balance of the meeting until March 23 at 11:00 am.  A brief discussion followed.  The motion PASSED.

 

SATURDAY, MARCH 23, 2002    11:02 AM

CONTINUATION OF ANNUAL TOWN MEETING

OF MARCH 12, 2002 ARTICLES 11 THROUGH 18

 

 

 

            The warrant was read and the Pledge of Allegiance was led by Moderator Fred Mullen.  Mr. Mullen informed voters that Article II which had been voted on by Official Ballot at the March 12, 2002 meeting had been defeated.  He also informed voters that there had been a request for a recount of the results of that vote.  The recount was held Wednesday March 20, 2002 and the outcome remained the same:  342 in favor;

363 opposed.

 

ARTICLE XI  The article, as written on the warrant, was read by Moderator Mullen:  Upgrades from any class six roads to class five or better shall be subject to the same standards and criteria as any subdivision road by the Dunbarton Planning Board.  This article will rescind any existing articles establishing the Board of Selectmen and the decision making body in Class VI road upgrades.  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting.  (BY PETITION).  Brian Little made the move to see if the Town will accept the article as written and then make the motion to indefinitely postpone article.  THE MOTION TO POSTPONE THE ARTICLE INDEFINITELY PASSED.

 

Article XII      The article, as written on the warrant, was read by moderator Fred Mullen:  To see if the Town will vote to acquire all goods and services that aggregate to more than $1500 annually by bid and/or qualifications with the selection process recorded.  To stay in effect until rescinded by a vote of the body.  (BY PETITION).  John Herlihy moved the article as printed then requested that the article be amended to read:  To see if the Town will vote to acquire all goods and services that aggregate to more than $2000 annually by bid and/or qualifications with the selection process recorded.  To stay in effect until rescinded by a vote of the body. After some discussion THE AMENDED ARTICLE PASSED.

 

ARTICLE XIII            The article, as written on the warrant, was read by Moderator Fred Mullen:  In addition to the present methods, all public hearing notices by all municipal Boards shall be published on the Town website including an obvious link on the home page leading to the public notices section.  Postings of website notices will use the same criteria as posting notices of such meting.  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting. (BY PETITION).  David Breault made the motion to accept the article as written.  A LENGTHY Discussion followed.  The motion PASSED.

 

ARTICLE XIV           The article, as written on the warrant, was read by Moderator Fred Mullen:  All proposed connecting roads Class V or better shall be adopted by the legislative body at annual town vote prior to being constructed.  This article will rescind any existing articles negating the legislative body as the decision making body to dedicate connecting roads.  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting.  (BY PETITION).  Brian Little moved to see if the Town will accept the article as written.  He then made the motion to amend the article to read:  To see if the Town will vote to rescind any authority previously granted to the Board of Selectmen under RSA 674:40-a to accept dedicated roads and streets.  If this article is adopted Town Meeting only and not the Board of Selectmen shall have the authority to accept dedicated roads and streets.

A lengthy discussion followed.    Brian Little produced a letter from Attorney Michael Donovan explaining the amendment.  Town Council’s opinion was that the motion would be out of order and would be non-binding if voted in.  With the permission of Moderator Mullen, David Breault read the summary of the letter from Attorney Donovan:  “In summary, the proposed amendment as worded above is lawful.  It deals with the subject matter duly warned in Town Warrant.  It expressly, precisely, and clearly implements the intent of the second sentence of Article XIV as printed in the warrant.  There should be no reason for not being allowed to introduce it from the floor.” Town Council reviewed the letter during discussion.  There was a question regarding whether or not the amendment included connecting roads.  Moderator Mullen ruled the amendment out of order because the original article stated all proposed connecting roads and the amendment stated dedicated roads and streets.  Selectmen JR Swindlehurst made the motion to indefinitely postpone Article XIV.  THE MOTION TO POSTPONE ARTICLE XIV INDEFINITELY PASSED.

 

ARTICLE XV                        The article, as written on the warrant, was read by Moderator Fred Mullen:  All class six road upgrades to class fie or better will be decided by the Legislative body at Town Meeting.  This article will rescind any existing articles/ordinances empowering any other governing body as the decision making body of dedicating class six roads.  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting. (BY PETITION).  Brian Little moved to accept the article as written and to table the article indefinitely.  Moderator Mullen invited discussion from the floor.  Brian Little commented on the degree of difficulty experienced by the average citizen to accomplish changes.  Moderator Fred Mullen stated that he was proud of the private citizens who took the initiative to try to make changes. The MOTION TO POSTPONE THE ARTICLE INDEFINITELY PASSED.

 

ARTICLE XVI           The article, as written on the warrant, was read by Moderator Fred Mullen:  To disallow any written comments to endorse or not endorse proposed articles on the Town Warrant on articles not pertaining to budget appropriations (RSA 32:5,V).  Such authorization shall run indefinitely until specific rescission of such authority by legislative body at Town Meeting.  (BY PETITION).  David Breault moved to accept the article as written and to amend it to read:  To disallow any written comments to endorse or not endorse proposed articles on the Town Warrant and ballot on articles not pertaining to budget appropriations (RSA 32:5,V).  Such authorization shall run indefinitely until specific rescission of authority by legislative body at Town Meeting. 

THE MOTION FAILED.

 

ARTICLE XVII          The motion by Charles Graybill to see if the Town will vote to accept the reports of agents, auditors, committees, and other officers heretofore chosen as printed in the Town Report subject to errors and omissions PASSED.

 

ARTICLE XVIII         To transact any other business that may legally come before this meeting.

 

Donna Dunn:              The next fund-raiser for the Town Common Project will be an auction on Old Home Day.  Volunteers are needed.

 

Les Hammond:          The Legion and the Lions Club are working on a Memorial Day program that will include the dedication of a statue of Dunbarton’s very own “Minuteman” which will be placed on the Town Common that day.

 

Nancy Lang:               The Old Home Day Committee will be selling “throws” which will include pictures of the minuteman as well as pictures of historic Dunbarton buildings.

 

Carl Metzger: Could the responsibility of the placement of the Minuteman be put in the hands of the Town Committee since they are working on the design for the common?

 

Donna Dunn:              The Town Common Committee is working on the grounds and the Center Planning Committee is working on the space and the buildings.  The responsibility for this is best left in the hands of the Selectmen.

 

Meeting adjourned at 12:19PM

 

 

THE RESULTS OF VOTING                                                                     MARCH 12, 2002

 

                                    Number OF Ballots Cast:                                738

                                    Number of names on the Checklist 1,782

 

For Selectmen for Three Years

                        Vote for One

                                                David W. Pellenz                                           273

                                                John “JR” Swindlehurst                                 451

 

For Moderator for Two Years

                        Vote for One

                                                Fred J. Mullen                                                673

 

For Supervisor of the Checklist for Four Years

                        Vote for One

                                                Ronald Slocum                                              631

 

For Supervisor of the checklist for Six Years

                        Vote for One

                                                Margaret Venator                                          640

 

For Treasurer for Three Years

                        Vote for One

                                                Pamela J. Milioto                                          635

 

For Library Trustee for Three Years

                        Vote for Two

                                    Carla Halvorson                                                        518

                                    Nancy V. Rosen                                                        572

 

For Cemetery Trustee for Three Years

                        Vote for One                                                                         

                                    John Thalheimer                                                        653

 

For Board of Assessors for Two Years

                        Vote for One

                                    Bryan H. Clark                                                           604

 

For Board of Assessors for Three Years

                        Vote for One

                                    Timothy Terragni                                                       607

 

 

 

 

For Road Agent for Three Years

                        Vote for One

                                    Jan W. Van De Bogart, Sr.                                      463

                                    Skip Trudeau (write-in)                                             204

 

For Trustee of Trust Funds for Three Years

                        Vote for One

                                    Ronald Slocum                                                          597

 

For Ethics Committee for Three Years

                        Vote for Two                                                                         

                                    Scott Ives                                                                   409

                                    Jacqueline Kennedy                                     444

                                    Brett St. Clair                                                             353

 

On March 15, 2002 eleven voters petitioned the Town Clerk for a recount on the Official Ballot question:  Are you in favor of increasing the Board of Selectmen to five members? (By Petition)      A public recount was held at the Town Offices on March 20, 2002.  The Board of Recount consisted of Moderator Fred Mullen, Town Clerk Linda Peters,  Selectmen Charles Graybill, Leslie G. Hammond, and John R. Swindlehurst III.    Several members of the community were present.

The results remained the same:                              YES    342                  NO      363