Town of Jackson, NH - 2010 Town Warrant

2010 TOWN WARRANT

To the inhabitants of the Town of Jackson, in the County of Carroll, and the State of New Hampshire, qualified to vote in Town affairs:

You are hereby notified that the annual town elections of the Town of Jackson, New Hampshire, will be held at the Whitney Center on Tuesday, March 9, 2010. Polls will be open from 8 a.m. until 7 p.m. to vote on Ballot Articles 1-5.

All other Articles will be discussed and acted upon during the annual Town Meeting at the Whitney Center on Thursday, March 11, 2010 at 7:05 p.m.

ARTICLE 1: To choose the necessary Town Officers for the ensuing year.

1 Selectmen 3 year term

1 Moderator 2 year term

1 Trustee of Trust Funds 3 year term

1 Library Trustee 3 year term

1 Cemetery Trustee 3 year term

1 Supervisor of Checklist 2 year term

1 Supervisor of Checklist 6 year term

Note: Articles 2, 3, 4 and 5 are Zoning Ordinance Amendments proposed by the Jackson Planning Board; changes are indicated as follows: Underlining=insertions; [bracketed]=deletions from present Zoning Ordinance

ARTICLE 2: Are you in favor of the adoption of Amendment No.1 as proposed by the Planning Board to the Jackson Zoning Ordinance, in order to clarify work permitted in a non-conforming structure, by adding at Section 2.2.3 this sentence to follow “… nor may the volume of the structure or building exceeding the Height limit be increased.”

Further, if altering the pitch or configuration of the roof increases the volume of the structure or building within the proscribed Setback area, it shall be permitted where: (i) the change is dictated by considerations of safety, snow disposal or building code requirements, and (ii) the change does not result in an increase in the interior floor space within the structure or building.

ARTICLE 3: Are you in favor of the adoption Amendment No. 2 as proposed by the Planning Board to the Jackson Zoning Ordinance, in response to State regulations requiring municipalities to provide realistic opportunities for creation of Workforce Housing:

SECTION XX. AFFORDABLE OR WORKFORCE HOUSING

XX.1 AUTHORITY AND PURPOSE

This Section is enacted in accordance with the provisions of RSAs 674:58-61 and 674:21 which authorize municipalities to provide reasonable and realistic opportunities for the development of workforce housing, and to establish inclusionary zoning designed to produce Affordable Housing by offering incentives for the production of such housing. Providing incentives to encourage creation of Workforce Housing will permit the Town of Jackson to preserve and foster a diverse community. This Section recognizes three special features of the Town of Jackson: (1) a large percentage of land within the Town of Jackson is permanently protected from development, intensifying development pressures and increasing land costs; (2) the Town’s location attracts tourism, necessitating employment of service workers who must live within a reasonable distance of their employment; (3) an increasing elderly population may require low-cost housing in the future. Because Jackson has a small year-round population, incentives for provision of low-cost housing shall include those shown in Section 9, Accessory Apartments. In addition, the number of Dwelling Units approved under this Section shall be limited to avoid over-burdening town services within any one year period.

The purposes of this Section are to:

(a) Provide a realistic opportunity for Low and Moderate Income individuals and families to obtain Affordable or Workforce Housing in the Town of Jackson,

(b) Provide appropriate incentives to encourage the production of such housing, without creating a hardship for provision of town services.

The following words are specifically defined for purposes of this Section of the Zoning Ordinance:

XX.2.1 Affordable or Workforce Housing: Any housing unit created in this category shall be “affordable” within the meaning of NH RSA 674:58, as may be revised from time to time.

XX.2.2 Eligible Elderly Household: An individual or couple in which the individual or at least one person of the couple is 60 years of age or older and who by income qualifies as a Low or Moderate income Household as defined in this Section.

XX.2.3 Low and/or Moderate income Household: A person or family which has a household income meeting a particular percent of the median income, adjusted for family size, of Carroll County as published annually by the US Department of Housing and Urban Development; Low is up to 80 percent, and Moderate is up to 100 percent, of the above-cited median income level.

The Planning Board is authorized to review and approve plans for creation of Affordable or Workforce Housing in the same manner specified in Section 8 of this Ordinance, as applicable, except as modified in this Section.

XX.4 AFFORDABLE OR WORKFORCE HOUSING CRITERIA

The Planning Board will authorize incentives to encourage development of Affordable or Workforce Housing units, providing the following Affordable or Workforce Housing development characteristics are met.

XX.4.1 Minimum Number of Affordable Units: For every four Dwelling Units being constructed in accordance with this Section, at least one of those four shall be built to be “affordable” to an individual or family meeting the definition of Low or Moderate Income Household as specified in XX.2.3. In the first four units, one must be available to a Low Income Household at under 80% of the Median Income Index for Carroll County; in the next four units, one must be available to a Moderate Income Household at under 100% of the Medium Income Index for Carroll County; additional units shall be made available in the same pattern.

XX.4.2 The Dwelling Units designed to be Affordable or Workforce Housing units shall be restricted as follows:

(a) Approvals shall require that a one-bedroom unit may not exceed 900 square feet of heated space, a two-bedroom unit may not exceed 1,100 square feet of heated space, and a three-bedroom unit may not exceed 1,300 square feet of heated space;

(b) Deed restrictions shall be placed on each Affordable or Workforce Housing unit that;

i. prohibit an increase of more than 10 percent of the total heated space of the unit or other improvements having a value in excess of 10 percent of the purchase price of the unit;

ii. prohibit a sale of an owner-occupied unit to any person or family which does not meet the Low or Moderate Income Household requirements of this Section;

iii. limit, in the case of rental units, any annual rent increases to the annual percentage increase in the Carroll County median income published annually by the U.S. Department of Housing and Urban Development; and

iv. require that each Affordable or Workforce Housing unit be occupied as a primary residence by those meeting the definition of Low or Moderate Income Household or Eligible Elderly Household

v. deed restrictions related to an affordable or Workforce Housing unit established under this Section must be approved by the attorney for the Town of Jackson and documented on all plans filed with the Planning board and with the Carroll County Registry of Deeds.

XX.4.3 No more than 20 percent of the Affordable or Workforce Housing units may be one bedroom or studio units, or be restricted to occupancy by Eligible Elderly Households. No more than 25 percent of the Affordable or Workforce Housing units may be three or more bedroom units.

XX.5 CERTIFICATION OF INCOME LEVELS

To ensure that only Low and/or Moderate Income Household persons or families occupy the designated Affordable or Workforce Housing units, the candidate for occupancy must comply with regulations set by the NH Housing Finance Authority. Paperwork necessary to comply with those regulations shall be submitted to the Board of Selectmen or their designee at least 30 days prior to the transfer of title or execution of lease agreement.

XX.6 AFFORDABLE HOUSING INCENTIVES FOR SECTION XX

The Planning Board is authorized to permit the following incentives provided that the criteria in Section XX.5 are met:

XX.6.1 Site Development: All structures may be placed on the cluster development site in a manner to minimize environmental impact providing the structures comply with the dimensional requirements in Section 8 of this Ordinance unless modified with Planning Board approvals according to Sections XX.6.2 or Section XX.6.3.

XX.6.2 Areas and Dimensions: The cluster development shall comply with Section 8 of this Ordinance, except that, as an incentive to develop Affordable or Workforce Housing units, the cluster parcel may have as little as 150 feet of frontage along a public or Private Road.

XX.6.3 Water and Sewer Requirements: The cluster development shall comply with Section 8 of this Ordinance, except that, as an incentive to develop Affordable or Workforce Housing units, the density of the parcel shall be permitted to be determined by utilizing current NH Department of Environmental Services standards for the quantity of land necessary to provide a proper and adequate community water supply and septic disposal system for each development containing Affordable or Workforce Housing units.

XX.6.4 The Planning Board may reduce application costs for development proposals considered within this Section.

XX.7 MAXIMUM UNITS CREATED WITHIN THIS SECTION

To avoid placing an undue burden on town services, no more than a total of 12 Dwelling Units (3 of which are Affordable or Workforce Housing units) receiving incentives through this Section shall receive approval in any single year.

XX. 8. ADMINISTRATION

This Section shall be administered by the Board of Selectmen.

XX. 8.1 Certificate of Occupancy. No certificate of occupancy shall be issued for an Affordable or Workforce housing unit without written confirmation, from the Board of Selectmen or their designee, of the income eligibility of the tenant or buyer of the unit and confirmation of the rent or price of the unit as documented by an executed lease or purchase and sale agreement.

XX. 8.2. Monitoring. Ongoing responsibility for maintaining the compliance with rental restrictions on Affordable or Workforce Housing units for rent shall entail an annual report certifying that the gross rents of such units and the household income of the tenants of such units have been maintained in accordance with and comply with the requirements of this Section. Such reports shall be filed on May 1^st of each year with the Board of Selectmen or their designee and shall list the contract rent and tenant income of all units for the calendar year.

XX.8.3 In the event that a tenant’s household income exceeds 135 percent of the median income for that family size, the unit must be made available to an income-eligible tenant within one year.

Appeals under this Section shall be governed by the provisions of RSA 674:61.

ARTICLE 4: Are you in favor of the adoption of Amendment No.3 as proposed by the Planning Board to the Jackson Zoning Ordinance, in order to provide a definition for “ Historic Structure”, a term used at Areas of Special Flood Hazard, Section11.1.19 within the current Zoning Ordinance. The Planning Board recommends adding a definition used in state and federal flood plain and flood hazard regulations to clarify how a building may be labeled an historic structure:

“Historic Structure" means any structure that is:

(a) Listed individually in the National Register of Historic Places or preliminarily determined as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined as contributing to the historical significance of a registered historic district;

(d) Individually listed on a local inventory of historic places.

ARTICLE 5: Are you in favor of the adoption of Amendment No.4 as proposed by the Planning Board to the Jackson Zoning Ordinance, to bring into compliance with State laws the powers that the Zoning Board of Adjustment shall use in hearing appeals; no-longer-applicable wording in the Jackson Zoning

Ordinance at 16.2.3 would be removed, and the following would be substituted:

16.2.3 Hear and authorize, upon appeal in specific cases, a variance from the terms of this Zoning Ordinance, if the Board finds that the criteria set forth in RSA 674:33(I)(b), as amended from time to time, are met. Delete: [16.2.3.1, 16.2.3.2, 16.2.3.3, 16.2.3.4, 16.2.3.5, 16.2.3.6] since they are no longer applicable.

ARTICLE 6: To see if the Town will vote to raise and appropriate

the sum of One Million Two Hundred Thousand Dollars ($1,200,000.00) for the purpose of building a new Public Safety Facility and Salt Shed (the “Project”); Seven Hundred Fifty-Five Thousand Dollars ($755,000.00) 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 see if the town will vote to authorize the withdrawal of Two Hundred Seventy-Five Thousand Four Hundred Seventy-Four Dollars ($275,474.00) from the Public Safety Facility Capital Reserve Fund (fund balance as of 12/31/09 - $279,614.00) created in 2005 for this purpose; and to authorize the withdrawal of Ninety-Four Thousand Five Hundred Twenty-Six Dollars ($94,526.00) from the Sand and Salt Shed Capital Reserve Trust Fund (fund balance as of 12/31/09 - $98,026.00) created in 2007 for this purpose; with the balance of Seventy-Five Thousand Dollars ($75,000.00) to be raised by taxation; 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. A 2/3 ballot vote required to pass this article. Recommended by Board of Selectmen [3-0-0].

ARTICLE 7: To see if the Town will vote to raise and appropriate the Selectmen’s recommended Operating Budget of the Town in the amount of $1,609,882.00, not including appropriations by special warrant articles and other appropriations voted separately (See 2010 Budget).

ARTICLE 8: To see if the Town will vote to raise and appropriate

the sum of $198,890.00 to purchase a highway plow truck;

$83, 890.00 to be withdrawn from the Highway Truck Capital Reserve Fund (fund balance as of 12/31/09 - $83,890.00) created for that purpose and the balance of $115,000.00 to be raised from taxation. Selectmen Favor.

ARTICLE 9: To see if the Municipality will vote to raise and appropriate

the sum of $125,000.00 to be deposited into the existing Jackson Public Library Capital Reserve Fund (fund balance $100,320.00 as of 12/31/09). Said funds to come from the Unreserved Fund Balance (estimated 2010 fund balance - $600,000.00). Selectmen Favor.

ARTICLE 10: To see if the Town will vote to raise and appropriate the

sum of $78,861.00 for the purpose of highway repair and reconstruction, $40,000.00 to be withdrawn from the Special Revenue Fund known as the Highway Repair and Reconstruction Fund (fund balance as of 12/31/09 - $57,269.00) and the remainder of $38,861.00 to come from the 2010 State Highway Block Grant. Selectmen Favor.

ARTICLE 11: To see if the Town will vote to raise and appropriate the

sum of $50,000.00 to be deposited into the existing Public Safety Facility Capital Reserve Fund (fund balance as of 12/31/09 - $279,614.00). Not Recommended by Selectmen [0-3-0].

ARTICLE 12: To see if the Town will vote to raise and appropriate the

sum of $50,000.00 to be deposited into the existing Fire Truck Capital Reserve Fund (fund balance as 12/31/09 - $58,719.00). Selectmen Favor

ARTICLE 13: To see if the Town will vote to appoint the Selectmen as agent, authorizing indefinitely until specific rescission of such authority, to expend funds from the Fire Truck Capital Reserve Fund for the purpose in which it was created for, in accordance with RSA 35:15. Selectmen Favor

ARTICLE 14: To see if the Town will vote to raise and appropriate the

sum of $25,000.00 to be deposited into the existing Sand and Salt Shed Capital Reserve Trust Fund (fund balance as of 12/31/09 - $98,026.00). Not Recommended by Selectmen [0-3-0].

ARTICLE 15: To see if the Town will vote to raise and appropriate

the sum of $30,000.00 to purchase a replacement highway utility truck; said funds to be withdrawn from the Highway Equipment Purchase, Repair or Lease Expendable Trust Fund (fund balance as of 12/31/09 - $34,127.00). created for that purpose. Selectmen Favor.

ARTICLE 16: To see if the Town will vote to appoint the Selectmen

as agent, authorizing indefinitely until specific rescission of such authority, to expend funds from the Highway Equipment Purchase, Repair or Lease Expendable Trust Fund created for that purpose, in accordance with RSA 35:15. Selectmen Favor

ARTICLE 17: To see if the Town will vote to raise and appropriate the sum of $56,139.00 for the support of the Jackson Public Library. The sum of $34,574.00 to be raised from taxation and the remainder, $21,565.00 to come from library trust funds, gifts and school reading program. Selectmen Favor

ARTICLE 18: To see if the Town will vote to raise and appropriate the sum of $20,000.00 to be placed in the State Aid Reconstruction Expendable Trust Fund (fund balance as of 12/31/09 - $7,297.00) Selectmen Favor.

ARTICLE 19: To see if the Town will vote to raise and appropriate the sum of $12,000.00 for the purpose of maintaining the Forestry Management plan with said sum from the Baker Prospect Farm Trust (fund balance as of 12/31/09 – $72,703.00). Conservation Commission and Selectmen Favor

ARTICLE 20: To see if the Town will vote to raise and appropriate the sum of $10,000.00 to be placed in the Police Cruiser Capital Reserve Fund (fund balance as of 12/31/09 - $30,439.00). Selectmen Favor.

ARTICLE 21: To see if the Town will vote to appoint the Selectmen

as agent, authorizing indefinitely until specific rescission of such authority, to expend funds from the Police Cruiser Capital Reserve Fund for the purpose for which it was created, in accordance with RSA 35:15. Selectmen Favor

ARTICLE 22: To see if the Town will vote to raise and appropriate the sum of $8,659.00 to be placed in the Transfer Site Buildings & Recycling Equipment Expendable Trust Fund (fund balance as of 12/31/09 - $64,689.00). Said funds to come from the Unreserved Fund Balance (Estimated 2010 fund balance - $600,000.00). Selectmen Favor.

ARTICLE 23: To see if the Town will vote to appoint the Selectmen

as agent, authorizing indefinitely until specific rescission of such authority, to expend funds from the Transfer Site Buildings & Recycling Equipment Expendable Trust Fund created for that purpose, in accordance with RSA 35:15. Selectmen Favor

ARTICLE 24: To see if the Town will vote to raise and appropriate the sum of $5,000.00 to be placed in the Bridge Repair & Maintenance Expendable Trust Fund (fund balance as of 12/31/09 - $29,575.00) Selectmen Favor.

ARTICLE 25: To see if the Town will vote to appoint the Selectmen

as agent, authorizing indefinitely until specific rescission of such authority, to expend funds from the Bridge Repair & Maintenance Expendable Trust Fund for the purpose for which it was created, in accordance with RSA 35:15. Selectmen Favor

ARTICLE 26: To see if the Town will vote to raise and appropriate the sum of $3,000.00 to be placed in the Police Department Equipment Expendable Trust Fund (fund balance as of 12/31/09 - $1,875.00). Selectmen Favor.

ARTICLE 27: To see if the Town will vote to raise and appropriate the sum of $3,000.00 to be placed in the Town Office Equipment Fund (fund balance as of 12/31/09 - $7,818.00). Selectmen Favor.

ARTICLE 28: To see if the Town will vote to discontinue the Ambulance Capital Reserve Fund (fund balance as of 12/31/09 – $74,702.00) created in 1986. Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund. Selectmen Favor.

ARTICLE 29: To see if the Town of Jackson will vote to raise and appropriate the sum of $2,400.00 for the Early Supports & Services Program (birth to 3 years) of Children Unlimited, Inc. Submitted by petition. Selectmen Favor.

ARTICLE 30: To see if the Town will vote to raise and appropriate the sum of $1,837.00 (level funded from last year) to support Jackson home delivered meals (Meals on Wheels), congregate meals, transportation and program services provided by the Gibson Center for Senior Services Inc. Submitted by petition. Selectmen Favor.

ARTICLE 31: To see if the Town of Jackson will vote to raise and appropriate the sum of $1,798.00 for the support of White Mountain Community Health Center to help meet the healthcare needs of the uninsured and underinsured residents of the Town of Jackson. Submitted by petition. Selectmen Favor.

ARTICLE 32: To see if the Town will raise and appropriate the sum of $716.00 to assist The Mental Health Center. Submitted by petition. Selectmen Favor.

ARTICLE 33: To respectfully request that the town vote to raise and appropriate the sum of $698.00 in support of Starting Point providing advocacy and support to victims of domestic and sexual violence and their children. Submitted by petition. Selectmen Favor.

ARTICLE 34: Elderly Exemption. To see if the Town will vote to modify the Elderly Exemption from property tax in the Town of Jackson, based on assessed value, for qualified taxpayers, to be as follows: for a person 65 years of age up to 75, $23,100.00; for a person 75 years of age up to 80 years, $34,650.00; and for a person 80 years of age or older $57,750.00. To qualify, the person must have been a New Hampshire resident for at least 3 consecutive years, own the real estate individually or jointly, or if the real estate is owned by such person’s spouse, they must have been married to each other for at least 5 consecutive years. In addition, the taxpayer must have a net income of not more than $23,100.00 or, if married, a combined net income of less than $34,650.00; and own net assets not in excess of $75,075.00 excluding the value of the person’s residence.

ARTICLE 35: To see if the town will vote to discontinue the Front Loader Capital Reserve Fund (fund balance as of 12/31/09 – $.00) created in 2000. Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund. Selectmen Favor.

ARTICLE 36: To see if the Town will vote to discontinue the Town Administrative Office Building Capital Reserve Fund (fund balance as of 12/31/09 – $.00). Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund. Selectmen Favor.

ARTICLE 37: To see if the Town will vote to discontinue the Street Signs Expendable Trust Fund (fund balance as of 12/31/09 – $.00) created in 2004. Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund. Selectmen Favor.

ARTICLE 38: To see if the Town will vote to discontinue the Emergency Communication Fund (fund balance as of 12/31/09 – .$.00). Said funds, with accumulated interest to date of withdrawal, are to be transferred to the municipality’s general fund. Selectmen Favor.

ARTICLE 39: 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.”

ARTICLE 40: To act upon other business which may legally come before this meeting.

Given under our hands and seals this Eighth day of February in the year Two Thousand Ten.

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Gino Funicella, Selectman

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Dave Mason, Selectman

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Beatrice Davis, Selectman

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William H. Botsford, Town Clerk