AMHERST TOWN WARRANT

AMHERST TOWN WARRANT

The State of New Hampshire

March 11, 2008

To the inhabitants of the Town of Amherst in the County of Hillsborough and State of New Hampshire, qualified to vote in town affairs:

You are hereby notified that the Annual Meeting of the Town of Amherst will be held, in accordance with “Senate Bill 2” (NHRSA 40:13). The first session, to transact all business other than voting, is on Wednesday, February 6, 2008 at 7:00 PM at the Souhegan High School Auditorium. The second session, voting by official ballot at the polls is on Tuesday, March 11, 2008 at the Souhegan High School from 6:00 AM to 8:00 PM.

Article 21: To choose all necessary Town Officers for the ensuing terms as follows:

1 Selectman for 3 Years

1 Town Moderator

1 Town Clerk

1 Supervisor of the Checklist

2 Library Trustees for 3 Years

2 Zoning Board of Adjustment Members for 3 Years

1 Trustee of the Trust Funds for 3 Years

1 Cemetery Trustee for 3 Years

Article 22: Operating Budget

To see if the Town will vote to 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 herein, totaling $9,486,986. Should this article be defeated the default budget shall be $9,508,375 which is the same as last year, with certain adjustments required by previous action of the town or by law, 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.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee supports this article by a vote of 6-1.)

This article has a tax impact of $.05.

Article 23: DPW Replacement Loader

To see if the Town will vote to authorize the Board of Selectmen to enter into a five (5) year municipal lease agreement for the sum of one hundred ten thousand dollars ($110,000) for the purpose of acquiring a fully equipped front end loader replacement for the Department of Public Works and to raise and appropriate the sum of twenty five thousand two hundred thirty one dollars ($25,231) for the first year’s payment for that purpose or take any action relative thereto. The lease agreement contains a clause (escape clause) which will allow the town to invalidate the lease if the town fails to approve this annual rental in subsequent years. This is a special warrant article in accordance with RSA 32. (Majority Vote Required)

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this Article.)

This article has a tax impact of $.01.

Article 24: Construction of DPW Salt Shed

To see if the Town will vote to raise and appropriate the sum of eighty nine thousand dollars ($89,000) for the purpose of site preparation and erection of the 72’ X 100’ salt / sand mix shed, the purchase of which and appropriation relating to such purchase were authorized by the passage of Article 10 of the March 2006 annual town meeting and authorize the withdrawal of five thousand three hundred dollars ($5,300) from the Salt Shed Capital Reserve fund. The balance of eighty three thousand and seven hundred dollars ($83,700) to come from general taxation.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee supports this Article by a vote of 5-2.)

This article has a tax impact of $.05.

Article 25: Impact Fee Implementation

To see if the Town will raise and appropriate the sum of twenty five thousand dollars ($25,000) for the purpose of retaining professional services to determine and set impact fee standards and set rates relative to the Capital Improvements Program or take any other action relative thereto. This is a special article in accordance with RSA 32.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this Article.)

This article has a tax impact of $.01.

Article 26: Update of Utility Assessments

To see if the Town will raise and appropriate the sum of thirty-two thousand dollars ($32,000) for the purpose of hiring a consultant to update the assessment of all public utilities in the Town of Amherst or take any other action relative thereto. This is a special article in accordance with RSA 32.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this Article.)

This article has a tax impact of $.02.

Article 27: Highway Vehicle Capital Reserve Fund

To see if the town will raise and appropriate the sum of eighty-five thousand dollars ($85,000) to be added to the Highway Vehicle Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee supports this article by a vote of 5-2.)

This article has a tax impact of $.05.

Article 28: DPW Replacement Vehicle

To see if the Town will raise and appropriate the sum of seventy-five thousand dollars ($75,000) for the purpose of purchasing a fully equipped one ton dump truck for the Department of Public Works and authorize the withdrawal from Highway Vehicle Capital Reserve Fund established for that purpose. This is a non-lapsing Special Warrant Article in accordance with RSA 32.

(The Board of Selectmen unanimously recommends a yes vote. As this article has no tax impact, the Ways and Means Committee takes no position on this article; however as individuals the majority support this article.)

This article has no tax impact.

Article 29: Fire Department Utility Vehicle

To see if the Town will vote to raise and appropriate the sum of twenty-six thousand and three hundred dollars ($26,300) for the purpose of purchasing and outfitting a one ton four wheel drive extra cab pickup truck to replace the current 1996 four wheel drive vehicle for the Fire Department or take any action relative thereto. This is a non-lapsing Special Warrant Article in accordance with RSA 32.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee supports this article by a vote of 6-0-1.)

This article has a tax impact of $.01.

Article 30: Department of Public Works Land

To see if the Town will raise and appropriate the sum of one hundred thousand dollars ($100,000) for the purpose of purchasing 2+/- acres of land from Robert and Susan Heaton for future expansion of the Amherst highway facility, and further to authorize the Board of Selectmen to enter into any agreements and execute documents necessary to conclude said transaction. Further, to authorize the Board of Selectmen, pursuant to RSA 79-A:25-a, (II), to withdraw said funds from the Land Use Change Tax Fund, or take any action relative thereto. This is a non-lapsing Special Warrant Article in accordance with RSA 32:7 VI and will not lapse until expended or June 30, 2010, whichever is sooner.

This article has no tax impact.

Article 31: Recreational Facilities Capital Reserve Fund

To see if the Town will vote to establish a Capital Reserve Fund under the provisions of RSA 35, which shall be known as the Recreational Facilities Capital Reserve Fund, for the purpose of purchasing, developing, refurbishing and maintaining new and existing recreational facilities and equipment, and to raise and appropriate the sum of up to two hundred fifty thousand ($250,000) Dollars, to be placed into this fund, said sum to be raised from the unexpended fund balance, (surplus), to the extent that funds are available in said fund balance, and no amount to be raised from taxation, and to further appoint the Board of Selectmen as agents to expend from this fund in accordance with RSA 35:15 II or take any action relative thereto.

This article has no tax impact.

Article 32: Ambulance Capital Reserve Fund

To see if the Town will raise and appropriate the sum of twenty-two thousand dollars ($22,000) to be added to the Ambulance Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of $.01.

Article 33: Assessing Revaluation Capital Reserve Fund

To see if the Town will raise and appropriate the sum of twenty-five thousand dollars ($25,000) to be added to the Assessing Revaluation Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of $.01.

Article 34: Town Computer System Capital Reserve Fund

To see if the Town will raise and appropriate the sum of seven thousand five hundred Dollars ($7,500) to be added to the Town Computer System Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 35: Communications Center Capital Reserve Fund

To see if the Town will raise and appropriate the sum of five thousand dollars ($5,000) to be added to the Communications Center Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 36: Town 250^th Anniversary Celebration Capital Reserve Fund

To see if the Town will raise and appropriate the sum of five thousand dollars ($5,000) to be added to the Town 250^th Anniversary Celebration Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 37: Forestview Cemetery Capital Reserve Fund

To see if the Town will raise and appropriate the sum of fifteen thousand dollars ($15,000) to be added to the Forestview Cemetery Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of $.01.

Article 38: Highway Equipment Capital Reserve Fund

To see if the Town will raise and appropriate the sum of twenty thousand dollars ($20,000) to be added to the Highway Equipment Capital Reserve Fund previously established.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of $.01.

Article 39: Appointment of Capital Reserve Agent

To see if the Town, pursuant to RSA 35:15, will vote to appoint the Board of Selectmen as agents to expend from the Highway Equipment Capital Reserve Fund previously established in 1976.

This article has no tax impact.

Article 40: Change the Purpose of the Library Land Capital Reserve Fund

To see if the Town will vote to change the name of the existing Library Land Capital Reserve Fund to the Library Facility Expansion or Renovation Capital Reserve Fund. and to change the purpose of said fund, in accordance with RSA 35:16, so that the original purpose, ‘of acquisition of land and any buildings thereon for future expansion of library space’ shall be expanded so that the purpose will also include, ‘the expansion and renovation of existing library facilities’. Two Thirds (2/3) vote required

This article has no tax impact.

Article 41: Keystone Hall Funding

To see if the Town will vote to raise and appropriate the sum of two thousand dollars ($2,000) to support the Keystone Hall in providing outpatient programs to Amherst residents in need of critical substance abuse services.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 42: Milford Counseling Funding

To see if the Town will vote to raise and appropriate the sum of three thousand five hundred dollars ($3,500) to support the Milford Regional Counseling Services Inc. in providing subsidized counseling services to Amherst residents.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 43: Harbor Homes Inc. Funding

To see if the Town will vote to raise and appropriate the sum of two thousand dollars ($2,000) to support Harbor Homes Inc. in providing services to Amherst residents who are homeless and/or have mental illness.

(The Board of Selectmen unanimously recommends a yes vote. The Ways and Means Committee unanimously supports this article.)

This article has a tax impact of less than $.01.

Article 44: Amherst Climate Change Resolution (By Petition)

In keeping with Petition Warrant article #26 passed by the voters in 2007, Be it resolved that the Amherst Board of Selectmen take a pro-active approach in developing a Amherst climate change initiative by appointing an advisory committee in 2008 to create a plan that will provide guidance to the Board of Selectmen and Department Heads so that the Town of Amherst and it’s citizens will become a more energy efficient and reduce emissions.

Article 45: Elderly Local School Tax Credit (By Petition)

To see if the Town will vote to adopt an Elderly Local School Tax Credit from property tax in the Town of Amherst. This credit shall represent a twenty-five percent (25%) reduction on the Local School Rate portion of the annual tax assessment per year, for qualified taxpayers to be as follows: For a person 65 years of age and up to qualify a person must have paid property taxes to the Town of Amherst for five (5) years or more directly preceding date of application, own real estate, individually or jointly, and resided at the real estate within the Town of Amherst for at least five (5) years, citizen must continue to own, individually or jointly, and reside at the real estate in which the credit is applied. This credit is only applicable to one property per year per citizen and only one credit per year per property shall apply.

Article 46: Creation of a Transportation System for Town Residents Unable to Drive Themselves to Necessary Appointments (By Petition)

To see if the Town of Amherst will work with interested community members and neighboring towns to develop a plan for providing reliable, affordable, handicapped accessible transportation to town residents unable to drive themselves to necessary appointments.

PROPOSED ZONING ARTICLES

Article 47: Are you in favor of the adoption of Amendment No. 1 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would:

Revise Art. IV, Sec. 4-3, Para. C1; Sec. 4-4, Para. C1; and Sec. 4-5, Para. C1, so that a building that has a non-conforming front setback in the three Residential Zones can be expanded with certain limitations.

Article 48: Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would:

Add additional words to Art. IV, Sec. 4-3, Paras. A and C; Sec. 4-4, Paras. A and C; Sec. 4-5, Paras A and C; and Art. IX, Sec. 9-1, for defining structures, buildings, and dwellings in the three Residential Zones; and to clarify the size of a dwelling in the Northern Transitional Zone.

Article 49: Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would: Change and add words to Art. VIII, Sec. 8-5, Sixth Para., No. 5, to clarify the size limitation of an Affordable Housing dwelling.

Article 50: Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would:

Add to Art. III, a new Sec. 3-14, Renewable Energy Systems, to allow small renewable energy systems in any Zone subject to certain limitations.

Article 51: Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would:

Delete the present Art. VIII, Sec. 8-4, Impact Fee Ordinance, and replace it with a revised Ordinance that is in conformance with the present State Statues.

Article 52: Are you in favor of the adoption of Amendment No. 6 as proposed by the Planning Board for the Town Zoning Ordinance which amendment, if adopted, would:

Delete the present Art. III, Sec. 3-15, Home Occupations, and replace it with a revised Ordinance that clarifies certain uses and requirements.

Given under our hands and seal this A true copy of Warrant - ATTEST

14^th day of January 2008:

Bruce Bowler, Chairman Bruce Bowler, Chairman

George Infanti, Vice Chairman George Infanti, Vice Chairman

Brad Galinson Brad Galinson

Thomas Grella Thomas Grella

Reed Panasiti Reed Panasiti

AMENDMENTS TO THE WARRANT ARTICLES

AS VOTED ON AT THE DELIBERATIVE SESSION

FEBRUARY 6, 2008

Article 22: Operating Budget

To see if the Town will vote to 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 herein, totaling ~~$9,486,986~~ $9,543,986. Should this article be defeated the default budget shall be $9,508,375 which is the same as last year, with certain adjustments required by previous action of the town or by law, 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.

Article 23: DPW Replacement Loader

To see if the Town will vote to authorize the Board of Selectmen to enter into a five (5) year municipal lease agreement for the sum of one hundred ten thousand dollars ($110,000) for the purpose of acquiring a fully equipped front end loader replacement for the Department of Public Works and to raise and appropriate the sum of twenty five thousand two hundred thirty one dollars ($25,231) for the first year’s payment for that purpose or take any action relative thereto. The lease agreement contains a clause (escape clause) which will allow the town to invalidate the lease if the town fails to approve this annual ~~renta~~l lease in subsequent years. This is a special warrant article in accordance with RSA 32. (Majority Vote Required)

Article 25: Impact Fee Implementation

To see if the Town will raise and appropriate the sum of ~~twenty five thousand dollars ($25,000)~~ one dollar ($1.00) for the purpose of retaining professional services to determine and set impact fee standards and set rates relative to the Capital Improvements Program or take any other action relative thereto. This is a special article in accordance with RSA 32.

Article 26: Update of Utility Assessments

To see if the Town will raise and appropriate the sum of ~~thirty-two thousand dollars ($32,000)~~ one dollar ($1.00) for the purpose of hiring a consultant to update the assessment of all public utilities in the Town of Amherst or take any other action relative thereto. This is a special article in accordance with RSA 32.

Article 45: Elderly Local School Tax Credit (By Petition)

To see if the Town will vote not to adopt an Elderly Local School Tax Credit from property tax in the Town of Amherst. This credit shall represent a twenty-five percent (25%) reduction on the Local School Rate portion of the annual tax assessment per year, for qualified taxpayers to be as follows: For a person 65 years of age and up to qualify a person must have paid property taxes to the Town of Amherst for five (5) years or more directly preceding date of application, own real estate, individually or jointly, and resided at the real estate within the Town of Amherst for at least five (5) years, citizen must continue to own, individually or jointly, and reside at the real estate in which the credit is applied. This credit is only applicable to one property per year per citizen and only one credit per year per property shall apply.

Article 44: Amherst Climate Change Resolution (By Petition)

In keeping with Petition Warrant article #26 passed by the voters in 2007, Be it resolved that the Amherst Board of Selectmen take a pro-active approach in developing a an Amherst climate change initiative by appointing an advisory committee in 2008 to create a plan that will provide guidance to the Board of Selectmen and Department Heads so that the Town of Amherst and ~~it’s~~ its citizens will become a more energy efficient and reduce emissions.

Article 46: Creation of a Transportation System for Town Residents Unable to Drive Themselves to Necessary Appointments (By Petition)

To see if the Town of Amherst, in partnership with the Town of Milford, will ~~work~~ establish a commission of ~~with~~ interested community members and neighboring towns to develop and propose a plan for providing reliable, affordable, handicapped accessible transportation to town residents unable to drive themselves to necessary appointments.