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VOTER'S GUIDE

All the articles but one passed.

Article 1 – Choose Town Officers

To choose all necessary Town Officers for the ensuing year as follows.

- Town Treasurer, for a term of one (1) year;
- Road Agent, for a term of three (3) years;
- Select Board Member, for a term of three (3) years;
- Sewer Commissioner, for a term of three (3) years;
- Trustee of Trust Funds, for a term of three (3) years;
- Library Trustee, for a term of two (2) years;
- Library Trustee, for a term of three (3) years;
- Trustee of Cemeteries Fund, for a term of three (3) years;
- Budget Committee Member, for a term of three (3) years;
- Budget Committee Member, for a term of three (3) years;
- Budget Committee Member, for a term of three (3) years;
- Budget Committee Member, for a term of three (3) years;
- Budget Committee Member, for a term of two (2) years;
- Budget Committee Member, for a term of one (1) year;
- Supervisor of the Checklist, for a term of six (6) years;

Commentary: This actually happens on Election Day.

Recommendation: Yes, vote on March 8th, but first check out the list of candidates.

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Article 2 – Zoning: Privately Owned Graveyards, Burial Grounds

To amend Article 11, by adding the following language:

Section 1122 Privately Owned Graveyards, Burial Grounds

Purpose: To ensure that privately owned burial grounds, as defined by RSA 289:1, as amended from time to time, are properly and permanently identified and that the placement of same shall not result in a threat to the public health and safety in accordance with the authority granted in RSA 289:3.

Location of Burial Grounds: Privately owned burial grounds shall not be located in the 100-year flood plain or delineated wetlands and shall not be located closer than 100 feet from the right-of-way of any highway, street or road, or closer than 100 feet from an existing dwelling house or no closer than 50 feet from a known source of potable water or property line. The location of the burial ground shall be delineated on a plan prepared by a licensed surveyor and recorded at the Merrimack County Registry of Deeds within a reasonable time following the burial, but in no event later than sixty days. The location of the burial ground shall also be denoted on the ground using permanent markers. The location of the burial ground shall also be noted in the deed upon transfer of the property following burial.

Recommended by the Planning Board.

Explanation from Town Gov't.: New Hampshire State Law allows for private burial sites. It also allows for each municipality to develop provisions for the development of private burial sites. This article seeks to establish some standards for the development of such sites within the Town of Allenstown.

Commentary: For some unknown reason, this article includes more restrictions than RSA 289:3, which states a minimum distance of 50 feet from a right of way but does not mention anything about the 100-year flood plain. Hopefully this zoning change won't affect the old cemeteries along the roadside on Deerfield Rd. and elsewhere.

Because this article goes beyond state law without explanation, it should not be approved. The Zoning Board is welcome to provide an explanation of why they wrote the article as it is, which will then be posted here.

Recommendation: No

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Article 3 – Zoning: Residential Accessory Use to Primary Commercial Use

To amend Article 11, by adding the following language:

Section 1123 Residential Accessory Use to Primary Commercial Use

A. In an effort to facilitate economic development in the Town of Allenstown, an accessory residential use to a principal commercial use is permitted by Conditional Use Permit from the Planning Board in the Business Zone, the Commercial Light Industrial Zone, and the Industrial Zone. The Planning Board shall, at a duly noticed public hearing determine if all of the following criteria have been met.

1. The proposed residential unit is subordinate and incidental to the commercial use.
2. Not more than 50% of the aggregate total floor area of the business is used for residential use.
3. No more than 1 residential unit is proposed.
4. At least one of the resident(s) of all accessory residential unit(s) shall be employed on site by the business.
5. The residential unit(s) shall be located on the top-most floor, or, located to the rear of the property or building.
6. The unit(s) shall not result in an increase of offensive or obnoxious uses.
7. Demonstrated ability to meet parking requirements.
8. Demonstrated ability to provide adequate septic or sewer service.
9. Demonstrated ability to provide well or public water.
10. That the residential unit(s) shall not be noticeably different from the rest of business.
11. Site Plan approval, if applicable.

B. Process: The application shall include a Conditional Use Permit application and shall be noticed in accordance with the public hearing requirements described in the Allenstown Subdivision Regulations. Application deadlines shall be in accordance with the provisions described in the Subdivision Regulations. The Planning Board shall determine if all of the aforementioned criteria have been met. If, in the opinion of the Board, all of the criteria have been met, the Conditional Use Permit shall be issued. If one or more of the criteria has not been met, the Conditional Use Permit shall not be issued.

Other Factors:

1. The accessory dwelling unit Conditional Use Permit shall expire if the principal use of the property ceases to be industrial, commercial, or another business use, or, if the accessory dwelling unit ceases to comply with the provisions of this Article and/or the conditions of its approval.
2. The residential unit(s) need not be physically attached to the business, provided that all of the other required components above can be met.
3. A Conditional Use Permit shall not relieve an applicant from applying for a building permit or meeting any and all life safety and building code requirements.
4. If applicable, the Conditional Use Permit application can be processed with a Site Plan application and approved simultaneously.
5. A Site Plan application may be required when:
1. The Planning Board considers the proposal a change of use.
2. The proposal is part of the initial development of a commercial site on previously undeveloped land.
3. The proposal results in the physical expansion beyond 1,000 square feet of the building, including impervious surfaces (for example, parking).

Recommended by the Planning Board.

Explanation from Town Gov't.: Allenstown currently allows for home occupations (for example, home businesses) where a business can be operated out of a home. The idea is that the home is the primary use of the property, and the business is secondary. This allows for, among other things, the opportunity for someone to start a business and keep overhead costs down thus encouraging economic growth in town.

The purpose of this article is to provide a similar benefit for sites where business or commercial activities are the primary use of the property. This article would allow for a small residential unit, secondary to the business, to be permitted on the site (at the back or the second floor). In this sense it will work similar to home occupations in that it allows for the opportunity for someone to live and work on the same property, keeping costs down. The Planning Board’s intent with this proposed article is to encourage economic growth.

Commentary: Heaven knows we need economic growth in town. Big Jim's closed last year and no one seems interested in buying the property. No other businesses seem to have opened up.

This article will allow a resident to have living quarters at their place of business in town, so it will help the bottom line for that resident.

Recommendation: Yes

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Article 4 – Zoning: Groundwater Protection Overlay District

To amend Article XXIV, Groundwater Protection Overlay District, Section VI, by removing reference to the Spill Prevention, Control, and Countermeasure Plan (SPCC) in accordance with Allenstown Town Ordinance CO217.

Recommended by the Planning Board.

Explanation from Town Gov't.: The reference to a Spill Prevention, Control, and Countermeasure Plan (SPCC) in accordance with Allenstown Town Ordinance CO 217 is in error.

Commentary: Sounds simple enough – removing an incorrect statement.

Recommendation: Yes

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Article 5 – Zoning: Permanent (Post-Construction) Stormwater Management Ordinance

To amend Article XXV, Permanent (Post-Construction) Stormwater Management Ordinance, Section III, by re-designating the current paragraph as item “A” and by adding a new subsequent item “B” which indicates that nothing in Article XXV relieves a land owner from complying with applicable provisions, including more stringent provisions, of Allenstown Ordinance CO 217, Regulation of Discharges Into Storm Water Drainage System as it may be amended from time to time.

To amend Article XXV, Permanent (Post-Construction) Stormwater Management Ordinance, Section IV.A by adding a new item “xiii” that indicates that for projects falling under the jurisdiction of Allenstown Ordinance CO 217, Regulation of Discharges Into Storm Water Drainage System as it may be amended from time to time, any additional Stormwater Pollution Prevention Plan (SWPPP) provisions found in CO 217 shall also be included in the SWPPP used to comply with the provisions of this Article.

To amend Article XXV, Permanent (Post-Construction) Stormwater Management Ordinance, Section V.G.2 as follows (strikethrough text removed, underlined added, all other text is existing and shall not be changed):

In addition to implementation of BMPs for designing site-specific stormwater management controls, uses included under subsection G.1 shall provide a stormwater pollution prevention plan (SWPPP, see margin note Section IV of this Article), describing methods for source reduction and methods for pretreatment.

Recommended by the Planning Board.

Explanation from Town Gov't.: This article will provide administrative clarification and corrections for existing language within the Groundwater Protection Overlay District. The article seeks to inform land owners of the need to comply with Allenstown Ordinance CO 217, and, to correct existing text as to where the Stormwater Pollution Prevention Plan (SWPPP) criteria can be found.

Commentary: Ordinance CO 217 Storm Water is accessible from the Town Ordinances web page. This article is rather dense legalese so a recommendation cannot be easily made.

Recommendation: Maybe

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Article 6 – Town Operating Budget

Should this article be defeated, the default budget shall be $3,885,957. which is the same as last year, with certain adjustments required by previous action of the Town of Allenstown 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 operations budget only.

Estimated tax rate impact of approximately 13 cents per thousand dollars of assessed value.

NOTE: This warrant article (operating budget) does not include appropriations in ANY other warrant article.

Recommended by the Board of Selectmen. Recommended by the Budget Committee.

Explanation from Town Gov't.: This article represents the proposed operating budget of the Town minus the Sewer Dept. The amount proposed for 2016 represents just under a 1% increase in spending from the 2015 approved budget. A more detailed explanation of the budget can be found on the MS 737 form as well as the department level budget explanations which have been placed on the web site.

Commentary: After instructing town department heads last summer to try to reduce their budgets by 5%, the selectmen presented the Budget Committee on Nov. 12, 2015 with a town budget of $3,725,839. This was a 3.16% DECREASE compared to the 2015 budget of $3,847,352. A week later, at the Nov. 19 Budget Committee meeting, the selectmen decided they needed to add about $160,000 for various items.

Instead of focusing on a budget that taxpayers could afford, the committee approved the increased budget of $3,885,825, which is a 1.0% INCREASE over 2015.

Bottom line:
   Proposed budget = $3,885,825
   Default budget = $3,885,957

Not much of a different, is there? The 5% reduction seems to have been lost in the shuffle.

At the Jan. 30 Deliberative Session, a motion to cut the budget back to $3.725 million was voted down by about three dozen voters. Your only choice now is to vote YES to pass the proposed budget.

How can fewer taxpayers bear the burden of higher taxes, especially those unemployed, underemployed, or on fixed incomes? Who would want to move into a town with a decreasing population and an increasing tax bill?

Recommendation: Reluctantly, Yes.

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Article 7 – Sewer Dept. Operating Budget

Should this article be defeated, the default budget shall be $2,136,550, which is the same as last year, with certain adjustments required by previous action of the Town of Allenstown 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 operations budget only.

NOTE: This warrant article (operating budget) does not include appropriations in ANY other warrant article.

Recommended by the Budget Committee.

Explanation from Town Gov't.: A “yes” vote would accept the Sewer Commission’s proposed budget of $2,126,967, for the 2016 calendar year. This would be an increase of 2.75% ($56,943) from 2015. The sewer budget is funded through sewer rents and does not affect the tax rate. Should this vote fail the Sewer Department’s default operating budget would be $2,136,550.28, for the 2016 calendar year. This would be an increase of 3.2 % ($66,526.28).

Commentary: The Sewer Commission and the Sewer Department have done a commendable job keeping the sewer rates low. The new rate is $7.57/1000 gal. compared to $7.58/1000 gal. for last year.

This is the only department that makes money because the Allenstown Wastewater Treatment Plant has become a popular destination for septage haulers. The fees they pay keep your sewer rates low.

Recommendation: Yes

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Article 8 – Fire Safety Equipment Capital Reserve Fund

(THIS ARTICLE DOES/DOES NOT IMPACT THE TAX RATE.)
To see if the Town of Allenstown will vote to raise and appropriate the sum of $50,000 to be added to the Fire Safety Equipment Capital Reserve Fund previously established. This sum is to come from the unreserved fund balance. (Majority vote required.)

Recommended by the Budget Committee.

Explanation from Town Gov't.: This article proposes to transfer funds from the unreserved fund balance to this capital reserve fund. The Fire Department will have to replace the Self-Contained Breathing Apparatus (SCBA) as the equipment will expire in 2020. This is the breathing mask, air hoses, air tanks, and rack that the firefighters use when they enter a burning building. The estimated cost to replace these units is $250,000. The capital reserve fund has a balance of $62,135 as of 10/31/2015. As this is a transfer from one account to another no funds will be raised resulting in no impact on the tax rate.

Commentary: Isn't this just ducky? About 15 years ago, the town applied for and received a federal grant to buy 30 of these air packs. (So taxpayers in the other 49 states paid for them.) Now they are all going to expire at the same time. Isn't that splendid planning?

A quote from Avon Protection Systems in Maryland estimated $6500 per SCBA unit today (including spare tank) and possibly $7300 per unit by 2020. $7300 x 30 = $219,000, which is a lot lower than the estimate above. Adding to the cost is the way these air packs are allocated.

The chief stated that, while the fire suits and gear are stored in an equipment locker, the air packs are kept in the fire trucks – one in each seat. When fire fighters arrive at the station, they put on their gear, take their seat in one of the trucks, and then strap on the air pack in that seat.

That methodology forces the taxpayer to pay for as many air packs as there are seats in all the fire trucks. A more cost effective method might be to store the air packs with the fire suits, so that each fire fighter grabs one and puts it on as they go to their seat in a fire truck.

If the fire department determined the average number of trucks actually in use each day, then they could determine the minimum number of air packs needed. They could then request X number of additional air packs to allow for ones in need of service or repairs.

Beyond that, a policy needs to be established now so that the air packs are replaced over three or four years so as to minimize the cash outlay per year. With the cash already in the fund, they could purchase 8-10 air packs right now and have plenty of funds left over for next year.

Recommendation: Yes, but voters must demand that a policy be established to eliminate the need to replace them all at once.

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Article 9 – Highway Equipment Capital Reserve Fund

(THIS ARTICLE DOES/DOES NOT IMPACT THE TAX RATE.)
To see if the Town of Allenstown will vote to raise and appropriate the sum of $32,000 to be added to the Highway Equipment Capital Reserve Fund previously established. This sum is to come from the unreserved fund balance. (Majority vote required.)

Recommended by the Board of Selectmen. Recommended by the Budget Committee.

Explanation from Town Gov't.: This article proposes to transfer funds from the unreserved fund balance to this capital reserve fund. The Highway Dept. will need to replace several vehicles and pieces of equipment. The capital reserve fund has a balance of $49,368 as of 10/31/2015. As this is a transfer from one account to another no funds will be raised resulting in no impact on the tax rate.

Commentary: Highway Dept. equipment does get a lot of wear and tear especially plowing snow and sanding roads during the winter. But why the mystery? If you now know what vehicles and equipment will need replacing, you can surely tell us what they are, how much they will cost, and when they will need to be replaced.

The most likely item to be replaced is the one-ton dump truck. A new one may cost around $75,000. The amount requested will increase the fund to $81,368, which should cover the cost of that truck at least.

Recommendation: Yes, but voters need to be sure to question the Road Agent as to what equipment will need to be purchased and what it may cost. This information should not be withheld from the taxpayers.

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Article 10 – Highway Garage Capital Reserve Fund

(THIS ARTICLE DOES/DOES NOT IMPACT THE TAX RATE.)
To see if the Town of Allenstown will vote to raise and appropriate the sum of $15,000 to be added to the Highway Garage Capital Reserve Fund previously established. This sum is to come from the unreserved fund balance. (Majority vote required.)

Recommended by the Board of Selectmen. Recommended by the Budget Committee.

Explanation from Town Gov't.: This article proposes to transfer funds from the unreserved fund balance to this capital reserve fund. The Highway Dept. facility consists of garage and office space. The facility must adhere to environmental and other regulations which apply to highway operations. As well, the condition of the facility is such that it is no longer functional, even with significant maintenance measures. The factors, taken together, suggest that the Highway Department facility should be replaced. The Town is studying the available options to replace the existing facilities. The capital reserve fund has a balance of $173,782 as of 10/31/2015. As this is a transfer from one account to another no funds will be raised resulting in no impact on the tax rate.

Commentary: The Highway Dept. garage is the most run down building in town. It has been in need of replacement for years. But nearly all tax funds are spent each year on the school, police, and fire departments. The town study should have been started years ago. Some of the other funds should have been trimmed and added to this fund.

Recommendation: Yes.

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Article 11 – Town Hall Repair and Maintenance Capital Reserve Fund

(THIS ARTICLE DOES/DOES NOT IMPACT THE TAX RATE.)
To see if the Town of Allenstown will vote to raise and appropriate the sum of $15,000 to be added to the Town Hall Repair and Maintenance Capital Reserve Fund previously established. This sum is to come from the unreserved fund balance. (Majority vote required.)

Recommended by the Board of Selectmen. Recommended by the Budget Committee.

Explanation from Town Gov't.: This article proposes to transfer funds from the unreserved fund balance to this capital reserve fund. The Town Hall was constructed in the 1800’s and periodic maintenance associated with older buildings is required. At this time, the mortar around the bricks is eroding away. The mortar will need to be drilled out and replaced. The estimated cost of the project is between $60,000 and $80,000. The capital reserve fund has a balance of $3,928 as of 10/31/2015. As this is a transfer from one account to another no funds will be raised resulting in no impact on the tax rate.

Commentary: Town Hall is a historic old building. It had been the school to which John Thomas Hayes took children in his 1925 REO Speed Wagon. Now the brick mortar is coming loose. We need a benefactor like the one behind the "This Old House" TV series. Are there any masons out there who can offer a better estimate?

Recommendation: Yes.

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Article 12 – Solar Energy Systems Tax Exemptions

To see if the Town will vote to adopt the provisions of RSA 72:61 through RSA 72:63, which provide for an optional property tax exemption from the assessed value, for property tax purposes, for persons owning real property which is equipped with a solar energy system as defined by RSA 72:61, provided that such solar energy systems are primarily intended for the generation of power to be consumed at the site where such solar energy systems are located of for other sites owned by the taxpayer or related entities. Such property tax exemption shall be in the amount equal to 100% of the assessed value of the qualifying solar energy systems. (Majority vote required.)

Recommended by the Board of Selectmen.

Explanation from Town Gov't.: This article would exempt solar panels installed on a home or other structure from being assessed for property taxes. This would not reduce the existing assessed valuation for the Town. It would exempt the solar equipment from being added to the Town’s assessed valuation in the future.

Commentary: Well finally an article that gives people a tax break for solar power equipment.

Recommendation: Yes

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Article 13 – Election of Town Clerk & Tax Collector

By Petition: To see if the Town of Allenstown will vote to combine the position of Town Clerk and Tax Collector as authorized by the State of new Hampshire in RSA 41:45-a, to one elected three (3) year term. The new combined position shall receive full health, dental and retirement benefits and receive a reduced yearly salary of $43,000 (fourty-three thousand), not to be increased except by the approval of the voters.
Selectmen's amendment: The estimated cost of full benefits as described above for 2017 is: health insurance between $9,213 and $28,282, Dental Insurance between $484 and $1,705, Retirement $7,813. Total appropriation for the combined position for the 2017 Budget is $80,800. The total obligation in 2017 for the combined position shall not exceed $80,800.
Effective at the March elections in 2017. This article proposed by the current Town Clerk and Tax Collector.

This article proposed by the current Town Clerk and Tax Collector

Not recommended by the Board of Selectmen.

Commentary: First of all, at the Jan. 30 Deliberative Session, town officials mislead the voters into accepting their amendment as underlined above. Their puffed up estimate claimed that the combined positions will cost the town $80,800, whereas the two positions now receive a total of $43,000 plus the same benefits as other town employees. The origianl article clearly states a fixed salary and puts raises in control of voters.

The amendment passed by 36-28. A counter amendment to replace the salary statement with a generic statement met opposition from town officials. This failed 26-36. In this poorly attended meeting, three dozen voters made decisions for the thousands of voters who stayed home.

Article 13 deals with the current Town Clerk (an elected position-20 hr/wk) and Tax Collector (a position appointed by the selectmen-20 hr/wk). The Town Administrator and Selectmen decided last November to restructure these two positions in an attempt to utilize a loop hole in the current law that may potentially grant them higher authority than that currently granted to the voters of Allenstown. They could not change or alter the job description of the Town Clerk because that is under the jurisdiction of the NH legislature.

What they have done (effective 01-01-2016; and the 2016 budget reflects the funding for each position) is cut the Town Clerk's hours from 20 hr/wk to 4 hr/wk, and cut the Tax Collector's hours from 20 hr/wk to 4 hr/wk. The remaining 32 hours were given to the new, appointed position of Municipal Clerk. Historically, the Town Clerk and Tax Collector positions have always been filled by one person working 20 hr/wk in each one.

THERE IS NO NEED FOR THIS RESTRUCTURING. It potentially forces the elected Town Clerk to work mostly as a hired employee under the direction of the selectmen who are themselves elected officials. They are forbidden by RSA 669:15 to fill this particular position and have thus attempted to restructure it. The restructuring now requires the one person elected in March 2015 to now wear three hats: Town Clerk, Tax Collector, and Municipal Clerk. The selectmen called this job security but who would want to run for an office that paid for only 4 hr/wk?

The real threat is that, in the future, the selectmen (whomever they may be at that time) could decide to dismiss the current Tax Collector/Municipal Clerk for any reason and appoint someone more to their liking. Both these positions should be placed above insider politics.

If you approve this article, then you, the people of Allenstown, will be able to retain your rights to elect a candidate of your choice. You will also be able to control the raises that might be afforded to this position. Currently, that is decided by the select board only. Elected positions give the voters more control over local government and the tax rate.

Allenstown must have a Town Clerk/Tax Collector who is truly working for the people, reporting to the people, and chosen by the people of Allenstown. If the elected person does not fulfill the duties as expected, you retain the right to vote in a different candidate. You should preserve your rights as granted by the legislature of the State of NH. Vote YES to take back the right to vote for Town Clerk and Tax Collector.

Recommendation: Yes

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Article 14 – Increase to Five (5) Selectmen

By Petition: “Are you in favor of increasing the board of selectmen to 5 members?” Estimated cost in the 2017 Budget is $4,962.

Not recommended by the Board of Selectmen.

Commentary: Currently, Allenstown is run by three selectmen. An increase to a five (5) member board is authorized by the State of New Hampshire in RSA 41:8-b through RSA 41:8-c. The change will be effective at the 2017 election.

It has been reported that there are times when issues are decided by a vote of 2 to 1, with the same 2 against the same 1. At other times, only two selectmen are able to attend their meeting, leading to the uncomfortable situation of an issue being decided by only two (unless a wise choice is made to table the decision until a full board can review it).

An analysis of 2015 Board of Selectmen (BOS) meetings yielded the following data. Twenty-eight (28) BOS meetings were posted. Of the 28 posted meetings, 12 had only two members. The Oct. 26, 2015 meeting did not happen because only one member showed up. This is 43% absentee rate.

Having five members would (1) allow for more democratic decision making, (2) minimize the possibility of a clique that tends to vote together, (3) minimize the opportunity for anyone to exert undue influence on the others, (4) require decisions to be made by a larger number than at present, and (5) allow the town to be better represented by a larger cross-section of the population.

Recommendation: Yes

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Article 15 – Voters must approve new staff positions

By Petition: To see if the Town of Allenstown will vote to adopt a Town policy where by such policy shall mandate the Board of Selectmen to seek Town Approval to create any New Staffing Position for all Town Departments and to seek authorization to add the expenditure line to fund such position, said policy shall take effect upon adoption.

Not recommended by the Board of Selectmen.

Commentary: The selectmen complained that this article is illegal because it would interfere with their ability to manage town affairs. This is bullfeathers and poppycock!

It can be demonstrated that there is no need to create a new position in town government that is so urgent that it cannot wait until the voters agree that it is needed. A new position usually means a new expense and more taxes, so why do the selectmen insist on keeping the voters out of the loop?

Recommendation: Yes.

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