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2008 Warrant
TOWN OF NOTTINGHAM
STATE OF NEW HAMPSHIRE
2008
To the inhabitants of the Town of Nottingham in the County of Rockingham in said State,
qualified to vote in Town Affairs:
YOU ARE HEREBY NOTIFIED TO MEET AT THE NOTTINGHAM COMMUNITY CENTER IN SAID NOTTINGHAM ON TUESDAY THE 11TH DAY OF MARCH 2008 NEXT AT 8:00 O’ CLOCK IN THE FORENOON TO ACT UPON THE
FOLLOWING SUBJECTS;
Articles # 1 & # 3 will be acted upon on Tuesday March 11, 2008 at the Nottingham Community Center from 8:00AM to 7:00PM.
Articles # 2 & # 4 through # 23 will be acted upon on Saturday March 15, 2008 at the Nottingham Elementary School at 9:00AM.
Article # 1: To choose by ballot all necessary Town Officers for the ensuing year.
Article # 2: To see if the Town will vote to adopt the following ordinance:
Section 1. Name. The name of this Ordinance shall be the “Nottingham Water Rights and Local Self-Government Ordinance.”
Section 2. Preamble and Purpose. We the People of the Town of Nottingham declare that water is essential for life, liberty, and the pursuit of happiness – both for people and for the ecological systems, which give life to all species.
We the People of the Town of Nottingham declare that we have the duty to safeguard the water both on and beneath the Earth’s surface, and in the process, safeguard the rights of people within the community of Nottingham, and the rights of the ecosystems of which Nottingham is a part.
We the people of Nottingham declare that all of our water is held in the public trust as a common resource to be used for the benefit of Nottingham residents and of the natural ecosystems of which they are a part. We believe that the corporatization of water supplies in this community – placing the control of water in the hands of a corporate few, rather than the community – would constitute tyranny and usurpation; and that we are therefore duty bound, under the New Hampshire Constitution, to oppose such tyranny and usurpation. That same duty requires us to recognize that two centuries’ worth of governmental conferral of constitutional powers upon corporations has deprived people of the authority to govern their own communities, and requires us to take affirmative steps to remedy that usurpation of
governing power.
Section 3. Authority. This Ordinance is adopted and enacted pursuant to the inherent, inalienable, and fundamental right of the citizens of the Town of Nottingham to self-government and under authority granted to the people of the Town by all relevant state and federal laws including, but not limited to the following:
• Part First, Article 10 of the New Hampshire Constitution, which declares that government is instituted for the common benefit, protection and security of the whole community, and not for the private interest of any class of men;
• Part First, Article 1 of the New Hampshire Constitution, which declares that government is founded upon the consent of the people and instituted for the common good;
• The spirit of Part Second, Article 5 and Part Second, Article 83 of the New Hampshire Constitution, which subordinate corporations to the body politic;
• NH RSA 31:39 I (a), (l) and III which, under powers and duties of Towns, permits bylaws for the care, protection, preservation of the commons; the ordering of their prudential affairs; and the enforcement of such bylaws by suitable penalties.
• The Declaration of Independence, which declares that governments are instituted to secure people’s rights, and that government derives its just powers from the consent of the governed;
• The General Comment of the United Nations Covenant on Economic, Social, and Cultural Rights, which declares that “the human right to drinking water is fundamental to life and health. Sufficient and safe drinking water is a precondition to the realization of human rights.”
Section 4. Statement of Law. No corporation or syndicate shall engage in water withdrawals in the Town of Nottingham. The term “corporation” means any corporation organized under the laws of any state of the United States or any country. The term “syndicate” includes any limited partnership, limited liability partnership, business trust, or Limited Liability Company organized under the laws of any state of the United States or any country. The term “engage” shall include, but not be limited to, the physical extraction of water, and the buying and/or selling of water extracted within the Town of Nottingham.
Section 5. Statement of Law. No corporation doing business within the Town of Nottingham shall be recognized as a "person" under the United States or New Hampshire Constitutions, or laws of the United States or New Hampshire, nor shall the corporation be afforded the protections of the Contracts Clause or Commerce Clause of the United States Constitution, or similar provisions found within the New Hampshire Constitution, within the Town of Nottingham.
Section 5.1. Rights. All residents of the Town of Nottingham possess a fundamental and inalienable right to access, use, consume, and preserve water drawn from the sustainable natural water cycles that provide water necessary to sustain life within the Town. Natural communities and ecosystems possess inalienable and fundamental rights to exist and flourish within the Town of Nottingham. Ecosystems shall include, but not be limited to, wetlands, streams, rivers, aquifers, and other water systems.
Section 6. Exceptions. The people of the Town of Nottingham hereby allow the following exceptions to the Statement of Law contained within §4 of this Ordinance:
(1) Municipal authorities established under the laws of the State of New Hampshire engaged in water withdrawals providing water only to residential and commercial users within the Town of Nottingham;
(2) Nonprofit educational and charitable corporations organized under state non-profit corporation law, and qualifying under §501(c)(3) of the federal Tax Code, which do not sell water withdrawn within the Town of Nottingham outside of the Town of Nottingham;
(3) Utility corporations operating under valid and express contractual provisions in agreements entered into between the Town of Nottingham and those utility corporations, for the provision of service within the Town of Nottingham;
(4) Corporations operating under valid and express contractual provisions in agreements entered into between residents of the Town of Nottingham and those corporations, when the withdrawn water is used solely for on-site residential, household, agricultural, or commercial facilities within the Town of Nottingham, as long as such commercial facilities do not withdraw water for sale outside of the Town of Nottingham, or purchase water withdrawn from the Town of Nottingham for sale outside of the Town.
Section 7. Enforcement. Any corporation planning to engage in water withdrawals within the Town of Nottingham must notify the Town of such activity at least sixty (60) days prior to engaging in water withdrawals. Such notification shall contain a claim to one of the exemptions listed in Section 6 of this Ordinance. Any violation of this Ordinance shall be considered a criminal summary offense, and will subject the Directors of the noncompliant corporation to joint and several liability with the corporation itself.
The Board of Selectmen of the Town of Nottingham authorizes a fine of up to $1,000.00 per violation. Each act of water withdrawal and each day that water is withdrawn shall be considered a separate violation of this Ordinance. The Board of Selectmen of the Town of Nottingham may also file an action in equity in any Court of competent jurisdiction to abate any violation defined in Section 4 of this Ordinance. If the Selectmen of the Town of Nottingham fail to bring an action to enforce this Ordinance, any resident of the Town has standing in front of the Court for enforcement.
Section 7.1. Civil Rights: Any person acting under the authority of a permit issued by the Department of Environmental Services, any corporation operating under a State charter or certificate of authority to do business, or any director, officer, owner, or manager of a corporation operating under a State charter or certificate of authority to do business, who deprives any Town resident, natural community, or ecosystem of any rights, privileges, or immunities secured by this Warrant Article, the New Hampshire Constitution, the United States Constitution, or other laws, shall be liable to the party injured and shall be responsible for payment of compensatory and punitive damages and all costs of litigation to satisfy that liability, including, without limitation, expert and attorney’s fees.
Compensatory and punitive damages paid to remedy the violation of the rights of natural communities and ecosystems shall be paid to the Town of Nottingham for restoration of those natural communities and ecosystems.
Section 7.2. Environmental Protection:
It shall be unlawful for any corporation or its directors, officers, owners, or managers to interfere with the rights of natural communities and ecosystems to exist and flourish, or to cause damage to those natural communities and ecosystems. The Town of Nottingham, along with any resident of the Town, shall have standing to seek declaratory, injunctive, compensatory, and punitive relief for damages caused to natural communities and ecosystems within the Town, regardless of the relation of those natural communities and ecosystems to Town residents or the Town itself. Town residents, natural communities, and ecosystems shall be considered to be “persons” for purposes of the enforcement of the civil rights of those residents, natural communities, and ecosystems.
Section 7.3. Civil Rights Enforcement:
Any Town resident shall have standing and authority to bring an action under this Warrant Article’s civil rights provisions, or under state and federal civil rights laws, for violations of the rights of natural communities, ecosystems, and Town residents, as recognized by this Warrant Article.
Section 7.4. Town Action Against Preemption.
The foundation for the making and adoption of this law is the people’s fundamental and inalienable right to govern themselves, and thereby secure rights to life, liberty, property, and pursuit of happiness. Any attempts to use county, state, or federal levels of government – judicial, legislative, or executive - to preempt, amend, alter, or overturn this Warrant Article or parts of this Warrant Article, or to intimidate the people of the Town of Nottingham or their elected officials, shall require the Board of Selectmen to hold public meetings that explore the adoption of other measures that expand local control and the ability of residents to protect their fundamental and inalienable right to self-government. Such consideration may include actions to separate the municipality from the other levels of
government used to preempt, amend, alter, or overturn the provisions of this Warrant Article or other levels of government used to intimidate the people of Nottingham or their elected officials.
Section 7.5. Strict Liability. Persons using corporations to engage in water withdrawal in a neighboring municipality shall be strictly liable for all harms caused to the health, safety, and welfare of the residents of Nottingham from those activities, and for all harms caused to ecosystems and natural communities within Nottingham.
Section 7.6. Liability. No permit, license, privilege or charter issued by any State or federal Regulatory Agency, Commission or Board to any person or any corporation operating under a State charter, or any director, officer, owner, or manager of a corporation operating under a State charter, which would violate the provisions of this Warrant Article or deprive any Nottingham resident, natural community, or ecosystem of any rights, privileges, or immunities secured by this Warrant Article, the New Hampshire Constitution, the United States Constitution, or other laws, shall be deemed valid within the Town of Nottingham. Additionally, any employee, agent or representative of any State or federal Regulatory Agency, Commission or Board who issues a permit, license, privilege or charter to any person or any
corporation operating under a State charter, or any director, officer, owner, or manager of a corporation operating under a State charter, which would violate the provisions of this Warrant Article or deprive any resident, natural community, or ecosystem of any rights, privileges, or immunities secured by this Warrant Article, the New Hampshire Constitution, the United States Constitution, or other laws, shall be liable to the party injured and shall be responsible for payment of compensatory and punitive damages and all costs of litigation, including, without limitation, expert and attorney’s fees. Compensatory and punitive damages paid to remedy the violation of the rights of natural communities and ecosystems shall be paid to the Town of Nottingham for restoration of those natural communities and ecosystems.
Section 7.7. Future Lost Profits. Within the Town of Nottingham, corporate claims to “future lost profits” shall not be considered property interests under the law, and thus, shall not be recoverable by corporations seeking those damages.
Section 7.8. Prohibition on Selectboard Challenge.
The Selectboard of the Town of Nottingham or any other agent or agency of the Town shall be prohibited from taking any action to annul, amend, or overturn this Warrant Article, unless such action is approved by a prior Town Meeting at which two-thirds (2/3) of the residents of the Town attending the Town Meeting approve such action.
Section 8. Severability. The provisions of this Ordinance are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the people of Nottingham that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.
Section 9. Effect. This Ordinance shall be effective immediately upon its enactment.
(Majority Vote Required) (By Petition)
Article # 3 Are you in favor of a 3-man board of assessors to be the legal assessing authority for the town? (Majority Ballot Vote Required) (By Petition)
Article # 4: To see if the Town will vote to raise and appropriate the sum of $ 3,328,943, which is the Budget Committee’s recommended amount for the 2008-operating budget. The Board of Selectmen recommends $ 3,333,943. This article does not include appropriations voted in other warrant articles. (Majority Vote Required)
Article # 5: To see if the Town will vote to raise and appropriate the sum of $ 197,585.00 for highway construction and reconstruction of Deerfield Road or other roads in Nottingham if an emergency arises. This is a non-lapsing appropriation per RSA 32:7,VI and will not lapse until the work is complete or not later than one year after the end of fiscal year 2008, whichever occurs earlier. The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority Vote Required)
Article # 6: To see if the Town will vote to raise and appropriate the sum of $13,425 for the purpose of purchasing a baler for the Recycling Center and to authorize the withdrawal of Eight Thousand Five Hundred dollars ($8,500) from the Recycle Center Capital Reserve Fund created for this purpose, with the remaining amount of Four Thousand Nine Hundred Twenty Five dollars ($4,925) to be withdrawn from the 2007 Unreserved Fund Balance. The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 7: To see if the Town will vote to amend the purpose of the Ambulance / Equipment Special Revenue Fund, created at Town Meeting in March 1998? The purpose of this amendment will be to include in the purpose of the fund, the costs for maintenance of the ambulance, maintenance of equipment, and the purchase of supplies and fuel for the ambulance. The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 8: To see if the Town will vote to raise and appropriate the sum of Ten Thousand dollars ($10,000) for the purpose of purchasing the necessary fuel, supplies, equipment, and maintenance to run the ambulance for 2008; and to authorize the withdrawal of Ten Thousand dollars ($10,000) from the Special Revenue Fund created for this purpose. (Passage of this article is contingent upon passage of Article #7.) The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 9: To see if the Town will vote to raise and appropriate the sum of One Hundred Thirty Nine Thousand Six Hundred Ninety Four dollars ($139,694) for the purpose of purchasing and fully equipping a 2008 or newer model ambulance for the Fire Rescue Department, to replace the current 2003 Ford E-450, which will be used as a trade in, and to authorize the withdrawal of One Hundred Thirty Nine Thousand Six Hundred Ninety Four dollars ($139,694) from the Special Revenue Fund created for this purpose. The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 10: To see if the Town will vote to raise and appropriate the sum of $ 5,000.00 to be added to the Capital Reserve Fund previously established for the purpose of purchasing trucks for the Highway Department. The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 11: To see if the Town will vote to raise and appropriate the sum of $ 5,000.00 to be added to the Capital Reserve Fund for the purpose of purchasing Fire/Rescue vehicles.
The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 12: To see if the Town will vote to raise and appropriate the sum of $20,879.50 in support of the following Social Service Agencies:
The Board of Selectmen & the Budget Committee recommend this appropriation. (Majority vote required.)
Article # 13: To see if the Town will vote to raise and appropriate the sum of $ 4,000.00 for the purpose of conducting courtesy inspections of boats using the State Boat Launch at the Fundy Boat Ramp and the Pawtuckaway State Park Boat Ramps on Pawtuckaway Lake to remove fragments of exotic invasive aquatic species and to educate the public on how to prevent the spread of exotic species from water body to water body. This article was submitted by the Pawtuckaway Lake Improvement Association, by a majority vote. The Board of Selectmen & the Budget Committee recommends this appropriation. (Majority Vote Required)
Article # 14: To see if the voters will require the Selectmen/Assessors to deny Property Tax abatement appeals (or other forgiveness) for interest accrued due to the Town for non-payment of property taxes. This does not affect or apply to those abatement appeals that are filed for genuine poverty demonstrated to the Town and kept confidential. This does affect those taxpayers who choose to pay late and ask for a forgiveness of incurred interest though the abatement process or other agreement with the Selectmen. This is also known as an interest free loan of Town monies. Passage of this article would require implementation for tax year 2008 and following years. A yes vote indicates a directive to the Selectmen as stated in this article. (Majority Vote Required) (By Petition)
Article # 15: Do you approve of directing the Board of Selectmen/Assessors to mail a copy of any property tax card that changes assessed value to the listed property owner? Such card shall be accompanied with the previously effective card. Property cards shall be mailed within 30 days of any such changes. There shall be no charge to the property owner for this service. If this article is accepted by the Voters, it shall be effective immediately upon passage. A yes vote indicates mandatory direction to the Selectmen as stated in this article. (Majority Vote Required) (By Petition)
Article # 16: Do you approve of directing the Board of Selectmen/Assessors to disclose, via the Town web page and public posting at the Town offices, at not more than 6 month intervals, all pending litigation involving the Town? Such posting will include the parties involved, the subject of the litigation, the court involved, anticipated court appearance dates, location, applicable case or docket numbers, and an estimate of monetary exposure to the litigants. Such posting shall include any NH Court, any Federal Court, and the NH Board of Tax and Land Appeals. The first instance of disclosure/posting shall occur no more than 30 days after an
affirmative vote by the voters. A yes vote indicates mandatory direction to the Selectmen as stated in this article. (Majority Vote Required) (By Petition)
Article #17: Do you approve of directing the Board of Selectmen/Assessors to institute a policy of hearing property tax appeals for abatement of property taxes and/or abatement of accruing interest late payments? Such hearings are to be a public meeting and subject to all parts of the New Hampshire Right to Know Law (RSA 91A). A yes vote indicates mandatory direction to the Selectmen as stated in this article. (Majority Vote Required) (By Petition)
Article # 18: Do you approve of directing the Board of Selectmen/Assessors to institute the following schedule of copy charges for public records held by the Town of Nottingham. A Yes vote directs the Selectmen to implement this fee schedule upon passage of this article.
Single sided 8 ½ x 11 .10 (ten cents each)
Double sided 8 ½ x 11 .20 (twenty cents each)
Property Record Card (2 sided) .20 (twenty cents each 2 sided card)
Legal size 11 x 17 .20 (twenty cents each)
Tax maps(small size) .25 (twenty five cents each)
Electronic copy to CD, per CD 2.50(per CD)
The Budget Committee does not recommend this appropriation. (Majority Vote Required) (By Petition)
Article # 19: Do you approve of directing the Selectmen/Assessors to implement required property assessor training for a Town of Nottingham Assessing Official on a continuing basis? This training requirement does not apply to any non-elected official. The Selectmen/Assessor or a member of Town of Nottingham Board of Assessors, as applicable, shall participate in the International Association of Assessing Officials (IAAO) approved assessing course 101. Such training must be successfully completed on-line or with an IAAO approved instructor. An elected Assessing Official must be enrolled within the 2008 fiscal year and be completed within one year of the date of passage of this article. Failure to successfully complete the IAAO 101 course shall be sufficient cause for the affected Town Official to resign from his/her
elected position that affects property assessing. In any case there shall be a municipal requirement to have an enrollee yearly until all sitting elected Assessing Officials have successfully completed the subject training. (Majority Vote Required) (By Petition)
Article # 20: To see if the Town will vote to accept Sofia Way and Nicholas Way in the Brook’s Crossing subdivision as Town Roads. (Majority Vote Required) (By Petition)
Article # 21: To see if Town will accept Anna Lisa Way and O’Brien Way in the Dunbarton Estates subdivision as Town Roads. (Majority Vote Required) (By Petition)
Article # 22: To see if the Town will vote to approve the following resolution to be forwarded to our State Representatives, our State Senator and our Governor:
Resolved: We the citizens of Nottingham, NH believe in a New Hampshire that is just and fair. The property tax has become unjust and unfair. State leaders who take a pledge for no new taxes perpetuate higher and higher property taxes. We call on our State Representatives, our State Senator and our Governor to reject the “Pledge”, have an open discussion covering all options, and adopt a revenue system that lowers property taxes. (Majority Vote Required) (By Petition)
Article # 23: To transact any other business, which may legally come before this meeting.
Given under our hands and seal this Fifteenth day of February in the Year of Our Lord Two Thousand and Eight.
A True Copy Attest:
___________________________ ____________________________
Peter M. Bock Peter M. Bock
___________________________ ____________________________
William P. Netishen William P. Netishen
___________________________ ____________________________
Mary L. Bonser Mary L. Bonser
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