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In The Know Hampton

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Article 36: Amending the Entertainment Activities Ordinance

Shall the Town of Hampton vote to amend Entertainment Activities Ordinance Chapter 149 of the Code of the Town of Hampton as follows:

Section 149-15. A. (1) by striking the items in the box labeled Day/Night and substituting therefore the following: 12Noon to 11PM* Monday through Thursday 75 dB

Section 149-15. A. (1) by striking the items in the box labeled Late Night and substituting therefore the following 11PM to 11:59 PM Friday, Saturday, Sunday, and legal holidays defined in RSA 288, 75 dB

Section 149-16.  Police Attendance.  by removing the figures 30% in the last line and substituting the figures 50% so that the last line in Section 149:16 reads “Payment for services of these personnel shall be borne by the licensee at current wage rates, plus 50%.

What it means: Passage of Article 36 would change the days and hours at which establishments could play music or any other entertainment above the noted decibels.  It also increases the costs for businesses to utilize police detail when such additional support is deemed necessary.

Those in favor say: This is a good compromise between allowing the businesses to thrive and contribute to the tax base, while allowing their residential neighbors to enjoy their homes in peace.

Those against say: The ordinance would cause the entertainmenet businesses at the beach to essentially shut down after 11 pm.  Considering that many of the businesses are only open for a limited number of months, removing hours of operation represents a significant revenue cutback for the owners, the employees and the bands or other entertainment sources.  It will also reduce after-show options for those who attend an event at the Casino.Those who are against this Article point to Articles 39 or 40 as viable alternatives.

Fiscal Impact:  No direct tax impact.

Article 37: Establish Town Forest ByLaws

Shall the Town of Hampton vote to adopt the following Town Forest Bylaws pursuant to RSA 31:39, I (a) and RSA 31:39, III, the Town of Hampton hereby ordains as follows:

I. PURPOSE

The purposes of these Bylaws are:

A. To maintain the Town Forest, in perpetuity, as open space for the enjoyment and education of the public.

B. To ensure the following benefits of the Town Forest:

1. Protection of natural resources and wildlife habitat.

2.Provision for traditional low-impact outdoor recreation and nature-based educational activities.

3.Provision for other special uses of the Forest when and where appropriate.

II. APPLICABILITY

These Bylaws shall apply to the Town-owned parcels listed in Table 1 below as well as to any additional parcels acquired hereafter by the Town as additions to the Town Forest.

Table 1 – Town-owned Parcels in the Town Forest

Map LotYearName                                    Acres

5921999Barbour Rd Rear                          3.70

5912016Off Barbour Rd                             0.90

60111991Off Barbour Rd                          15.00

7511991Barbour Rd Rear                           4.00

7541969Off Woodland Rd                         5.00

7615199211 Munsey Dr.                             5.85

9211998Twelve Shares                             19.00

922199175 Barbour Rd                             25.14

9311991Barbour Rd Rear                            3.00

9632007205 Woodland Rd                       12.89

1103-C2008Barbour Rd                            23.00

Total                                                           117.48

III. ACCESS HOURS

The Town Forest shall be open daily from one hour before sunrise to one hour after sunset.  These access hours shall not apply to hunting by hunters holding valid NH Hunting Licenses during applicable hunting seasons.

IV. PERMITTED USES

The following activities and uses are permitted within the Town Forest:

A. Pedestrian uses, including but not limited to hiking/walking/running, bird watching, cross-country skiing and snowshoeing.  Items carried in by hikers and other users must be carried out.

B. Hunting in accordance with New Hampshire laws, rules, and regulations.

C. Bicycling on non-motorized bicycles, but only on trails approved for that use by the Town Forestry Committee.

D. Trail construction, repair, and management activities approved by the Town Forestry Committee.

E. Forest and wildlife management activities approved by the Town Forestry Committee.

F. Walking or running of leashed pet(s).  All pet waste shall be removed and properly disposed of by the person(s) accompanying the animal.

V. PROHIBITED USES

The following activities are prohibited within the Town Forest:

A. Dumping of rubbish, waste, cigarette butts, leaves, brush, paper, or other materials and substances.

B. Removal of or damage to any structure, signage, stonewalls, plants or other natural features.

C. Construction or erection, other than by or for the Town Forestry Committee, of permanent tree stands, tent platforms, or other structures.

D. Target shooting or any other discharge of a firearm other than what is permitted in Section IV-B.

E. Building and lighting of campfires.

F. Operation of Off-Highway Recreation Vehicles (OHRV) or motorized vehicles, except motorized wheelchairs and emergency vehicles.

G. Uses for commercial purposes.

H. The possession, consumption, or use of controlled substances or alcoholic beverages.

I. Walking or running of unleashed pet(s).

VI. OTHER USES

The following uses are allowed within the Town Forest with prior written approval from the Town Forestry Committee upon such terms as the Committee prescribes:

A. Public functions/educational events

B. Maple sugar sap collection

C. Overnight camping

VII. PENALTY

Violators who engage in any of the Prohibited Uses listed in Section V – Prohibited Uses, as well as those who fail to obtain prior written approvals for the uses set forth in Section VI – Other Uses, are subject to the penalties set forth below and the funds received in payment of such penalties shall enure to the Forest Maintenance Fund in accordance with RSA 31:39, III.

First Offense – $100

Second Offense – $500

Third and succeeding offenses – $750

VIII. SEVERABILITY

If any provision in these Bylaws is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other provision in these Bylaws unless the purposes of these Bylaws cannot be achieved in the absence of the invalid provision.

IX. REFERENCES

A. For questions about these Bylaws and about uses of the Town Forest, please contact the Hampton Conservation Commission (603-929-5808)

B. Please report any reckless or dangerous behavior to the Hampton Police Department (603-929-4444)

What it means:  Open spaces on town-owned land known as “Twelve Shares” were designated as a Town Forest via voter approval of a Warrant Article in 2015.  The By-Laws in Article 37, if passed by the voters, would specify permitted and non-permitted uses of the Town Forest.

Those in favor say:  Setting out these basic rules is being done with the intention of making the Town Forest safe for all residents to enjoy.

Those against say: An attendee at Deliberative Session spoke against the prohibition of target shooting on town land.  He proposed an amendment to remove that restriction, but the amendment was defeated.

Fiscal Impact:  No tax impact.

Article 38: Modify Fence Height Restrictions in Deeds for Former Town Lots

Upon Petition of at least twenty-five (25) legal voters of the Town of Hampton, New Hampshire, to see if the Town will vote to modify all fence height restrictions in deeds for former Town-leased lots to allow fences to be a maximum of four-feet high (matching the height of trash and recycling bins distributed by the Town and required for Town collection).?

What it means:  The Town previously owned lots near the ocean that were leased and then ultimately sold to individual homeowners.  These lots carried with them certain restrictions, including a maximum fence height of  three feet.  Much more recently, the town has distributed trash and recycling bins that are 4 feet tall.  The petitioner is requesting that the fence height restriction be changed to 4 feet so that if homeowners wish to increase the height of their fence to hide the trash and recycling bins on non pick-up days, they may do so without applying to the Board of Selectmen for release of the deed restriction.

Those in favor say:  Allowing homeowners with homes on former Town-owned leased land to erect a 4 foot high fence without the current administrative process would encourage more of these homeowners to do so.  This would be be a boon to the aesthetics of the neighborhoods where those lots exist.  According to the petitioner, the deed-changing process could be managed in a number of ways.

Those against say: There did not seem to be objection to the idea of 4-foot fencing per se, but more to the fact that the lots need to be considered on a case-by-case basis, and that the deeds need  to be changed individually, thus the Warrant Article is not necessary.

Fiscal Impact:  No tax impact

Article 39: Amend Entertainment Activity Code and Licensing Requirements

UPON PETITION of Bryan Provencal and at least twenty-five (25) registered voters of the Town of Hampton, New Hampshire, to see if the Town will vote to amend Chapter 149 of the Code of the Town of Hampton:  Entertainment Activities, as follows:

1. § 149-2. Purpose

ADD: “The longstanding commercial nature of the Business/Seasonal (BS) and the Business/Seasonal 1 (BS1) zones have always included and shall likely continue to include the providing of entertainment activity to many visitors who annually come to Hampton Beach.  These beach businesses are the economic engine for the Town and the requirement of annual entertainment license for these zones is an unnecessary burden on those operators.  The entertainment activity in these zones can be effectively and efficiently regulated by the hours of operation and the sound levels set forth in this ordinance and by the Hampton Police Department, when necessary.”

2. § 149-5. License Required

ADD: However, no license hereunder shall be required by operators engaged in entertainment activities within the Business/Seasonal (BS) and the Business/Seasonal 1 (BS1) zoning districts.”

3. § 149-9. Hours restricted

ADD: “The using, operating, or permitting of an entertainment activity, either inside or outside, in the BS or the BS1 zones shall not be allowed between the hours of 1:00 a.m. and 12:00 noon on any day of the week.”

4. § 149-13A. Complaints, additional restrictions, or conditions

“This section shall not apply to entertainment activity in the BS and the BS1 Zones.”

5. § 149-15. Noise standards applied

C. Noise Levels

ADD: “For entertainment activity in the BS or the BS1 zones, it shall be unlawful for an operator to emit or cause to be emitted any noise beyond the boundaries of his/her/its property in excess of eighty (80) decibels (db) measured in the A scale between 12:00 noon and 12:00 midnight and in excess of sixty (60) decibels (db) between 12:00 midnight and 1:00 a.m.

For determining the noise levels for entertainment activity in the BS and in the BS1 zones, the point at which the sound readings shall be taken and recorded shall be at those points which are located fifty (50) feet from the operator’s property lines.”

6. § 149-16 Police Attendance

This section is intended to and shall hereafter be applicable to both licensed operators of entertainment activity and to operators of entertainment activity within the BS and the BS1 zones.”

7. § 149-19 Violations and penalties

This section is intended to and shall hereafter be applicable to both licensed operators of entertainment activity and to operators of entertainment activity within the BS and the BS1 zones.”

What it means:  This Article is offered as an alternative to Article 36.  It is put forward to strike a balance between the desire of some people to enjoy peace and quiet in the evenings and the desire of others to enjoy music at beach establishments in the roughly 6 months that the Beach area businesses are active.  This article slightly changes the decibels allowed but more importantly changes the hours that music can be played.  Article 39 also removes the requirement for an Entertainment Activity license, and makes the Police Department the responsible party for enoforcement (as opposed to the Board of Selectmen or other departments.)

Those in favor say:  Approval of this article allows people who go to the Casino for a show to have a place for after-show activities and music.  It gives the businesses, employees and entertainers an extra hour of revenue generating time, which is critical to a business which can only operate within a fairly short season.  By supporting the businesses, it also protects Hampton’s important tax base.  The businesses already need to maintain rigourous  standards for their liquor license.  The additional burden of maintaining an Entertainment Activities license is simply not necessary when the noise standards can be enforced via the Police Department (who are generally the ones involved in the evenings anyway.)

Those against say:  People who come to the beach and rent houses want to be able to get some rest at night.  Playing of music late into the night even at lower levels is disruptive and may drive people away.

Fiscal Impact:  No tax impact.

Article 40: Alternate Amendment of Entertainment Activities Code

UPON PETITION of Bryan Provencal and at least twenty-five (25) registered voters of the Town of Hampton, New Hampshire, to see if the Town will vote to amend Chapter 149 of the Code of the Town of Hampton:  Entertainment Activities, as follows:

(In the event that you agree that there must be changes to the regulations of Entertainment Activities at the Beach, but cannot agree with the entire foregoing Warrant Article # 39).

8. § 149-9. Hours restricted

ADD: “The using, operating, or permitting of an entertainment activity, either inside or outside, in the BS or the BS1 zones shall not be allowed between the hours of 1:00 a.m. and 12:00 noon on any day of the week.”

9. § 149-15. Noise standards applied

D. Noise Levels

ADD: “For entertainment activity in the BS or the BS1 zones, it shall be unlawful for an operator to emit or cause to be emitted any noise beyond the boundaries of his/her/its property in excess of eighty (80) decibels (db) measured in the A scale between 12:00 noon and 12:00 midnight and in excess of sixty (60) decibels (db) between 12:00 midnight and 1:00 a.m.

For determining the noise levels for entertainment activity in the BS and in the BS1 zones, the point at which the sound readings shall be taken and recorded shall be at those points which are located fifty (50) feet from the operator’s property lines.”

What it means: The main difference between Article 40 and Article 39 is that Article 40 maintains the current Entertainment Activities License.  The changes to the hours and decibel levels are the same.

Those in favor say: The people in favor of Article 39 have the same favorable things to say about Article 40.  Please see that statement.   They offer Article 40 for those who agree that the beach needs to be able to provide entertainment, but also feel that the licensing and enforcement procedures should remain as they are currently.

Those against say:  The people against Article 39 have the same issues with Article 40.  Please see that statement.

Fiscal Impact:  No tax impact.

Noise Ordinances, Compared

Articles 36, 39 and 40 deal with the hours that entertainment establishments can have music playing (technically “noise’ over a certain dB – but the issue is music). Each Article seeks to find a balance between the fun that people expect at the beach (and the business owners’ interests) on one side and the abutters wish for peace on the other. No answer will make everyone happy.

Noise Ordinances

Some reference before we start talking about noise levels: Roughly speaking, normal conversation is about 60 dB (A), a lawn mower is about 90 dB (A) and a loud rock concert is about 120 dB (A).

If none of the 3 articles pass, the current ordinance will stay in place, which would mean no noise higher than 75 dB (A) at any time (measured from the next property line) and no noise above 50 dB (A) between 11 pm and 1 am. This essentially shuts the music down at 11 pm.

If Article 36 passes, the noise levels and hours would change such that the hours of restriction Mon-Thurs are noon – 11 pm and Fri-Sun would be noon – midnight. (The 50 dB goes away – it is 75 dB but with one less hour on the weekends and two less on week nights.) The business owners say this extra hour on the weekends is critical to their revenue and the “economic engine” of the beach. Article 36 would also change the price of police detail to wages plus 30% to wages plus 50% (where such detail is deemed necessary.)

If either Article 39 or Article 40 pass, the noise level would change to 80 dB (A) from noon – midnight and 60 dB (A) from midnight to 1 AM. The difference in noise level is not substantial (vs. Article 36) so the big difference between these 2 and Article 36 is the hour between 11 pm and midnight, when business owners would need to shut down the music.

Both Article 39 and 40 are more clear about where the noise level should be measured (50 ft from the property as opposed to “the next lot line” which is tough to figure out at midnight!)

Article 39 also removes for seasonal businesses the need to get a specific license for the Entertainment Establishments (they still have other licenses which would be required, including a liquor license). And Article 39 changes the enforcement from the Board of Selectman and various departments to the Police Department – which is essentially the body that is involved late at night.

As a voter, you should pick either NONE of the 3, or ONE of the three. The Articles are at odds with each other, so if more than one passes, we assume the current stays in place – but it would be interesting to see how that is handled.

Article 41: Christmas Parade $3,000

On the petition of John Nyhan and at least 25 Hampton registered voters, shall the Town of Hampton raise and appropriate $3,000 to pay to Experience Hampton, Inc., the organizer of the 2010 to 2017 Hampton Christmas Parades, to help defray the expenses of the 2018 Christmas Parade and related activities?

What it means: This is an annual donation to Experience Hampton to help fund the Christmas parade in town.

Those in favor say: The parade involves many groups within town, including businesses, schools and local officials.  The total cost of the parade is $15,000, of which the taxpayers are being asked to absorb a small fraction.

Those against say: No one spoke against this Article at Deliberative Session.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $.41 if this Article passes.  The cost per thousand of property valuation is .001.

Article 42: Grist Mill Dam – $100,000

On  Petition of Kim Grondin and 25 or more registered voters, to see if the Town will vote to raise and appropriate the sum of $100,000 for the purpose of providing the additional funding needed to complete the reconstruction and associated activities of the  Grist Mill Dam,  also known as Mill Pond  Dam.  The sum of $100,000 of this amount is to come from  the Town’s Unassigned Fund Balance.  This will be a non-lapsing appropriation per RSA 32:7, VI and shall not lapse until the work is completed  or by March 31, 2020, whichever is sooner?

Note:  The additional funding is requested as the original value of the project was based on an opinion of cost from preliminary plans completed over five years ago.  Competitive Bids have been received for the reconstruction of the Dam and are based on actual field conditions and a fully engineered design.  The State of New Hampshire Dam Bureau required the Town of Hampton to either repair or remove the existing dam or face daily fines for not complying with the New Hampshire Department of Environmental Services Letter of Deficiency dated July 11, 2012.  If this warrant article does not pass, a future warrant article will be required with additional money to meet the requirements of the State.

What it means: The Grist Mill Dam was originally approved by voters for minor repairs in 2012 at a cost of $34,000.  Later in 2012, the Town received a notice of deficiency from the state that required either decommissioning or reconstruction by the Town. In 2014, the voters agreed to decommission (deconstruct) it at a cost of $400,000.  The following year, a group of concerned citizens put forward a Warrant Article to rescind the deconstruction decision along with its funding but instead to raise $650,000 to restore it.  That funding was approved by the voters, but unfortunately, with the passage of time and with new engineering studies, the money raised with the latest appropriation was insufficient.  The latest request for $100,000 along with the earlier funding will allow the Town to complete the reconstruction of the Grist Mill dam.

Those in favor say:  The Grist Mill is a critical part of our Town’s heritage.  It, along with the Blacksmith Shop, the two fish houses, the cooper shop and the school house on the Tuck museum grounds are the last of the early historic buildings left around.  Once they are gone, they are gone forever.  From a financial standpoint, if the Town does not proceed at this point – it will likely require additional funding to go back to the deconstruction plan.  Some of the appropriated funds have already been spent on the engineering work to date.  So the requested funds not only preserve an historic landmark, it is also the least expensive way forward.

Those against say: The taxpayers have already contributed to maintaining it.  If more dollars are required, could the group of concerned citizens not raise the remaining balance privately?  (There is also lack of clarity about who owns the pond and dam.  It had been generally believed that they were privately owned but more recent research indicates no conveyance of the pond and the dam to any party other than the Town of Hampton.)

Fiscal Impact:  No tax impact in 2018 because the dollars would be taken from the Unassigned Fund Balance.

Article 43: Change Parking Configuration on Second Street

On petition of Norman R. Hurley and 25 or more registered voters, shall the Town vote to move the fire lane from the south side of Second Street to the north side of Second Street.

Background:  There are a maximum of three (3) on-street parking places on the north side of Second Street.  The property owners on the north side of the street have adequate off-street parking.

There is a maximum of seven (7) on-street parking places on the south side of Second Street.  The property owners on the south side of Second Street do not have adequate parking.  The Planning Board approved a subdivision on the south side of Second Street to allow two condominiums in one single-family dwelling and allowed parking in what is now the fire lane.

This Article would resolve a public safety issue that occurs when the residents of the condominium park in the fire lane, and vehicles also park on the north side of the street.

What it means: Second Street is a very short, narrow road that runs between Kings Highway and Ocean Blvd.  If vehicles park on both sides of the street, the remaining center passage is quite difficult to navigate.  There is a fire lane on the south side of the street where cars are not allowed to park in order to allow emergency response vehicles to access the homes on that street and to have room to turn around when necessary.  However, given the configuration of parking assigned to a nearby condo, people do park there for extended periods, causing a potential safety issue.  The police have been called, but the issue continues.

Those in favor say:  The petitioner (who lives on the north side of the street) has suggested that moving the fire lane to the north side of the street will allow those who live in the condo on the south side to have more room to park legally and would increase the likelihood that the fire lane would remain clear for everyone’s benefit.

Those against say:  There is no need to change to what has been working for residents for years.  The Fire Chief evaluated the situation and decided there was no need for a change now, but he agreed to take another look at the situation when the season begins and traffic in the area increases.

Fiscal Impact:  No tax impact.

Article 44: Limit Salary Increases of Non-Unionized Employees Except for Via Warrant

On the petition of Sunny Kravitz and at least 25 Hampton registered voters, we request that a Warrant be placed on the 2018 Town Meeting of Hampton for the following:

Shall the voters of Hampton vote on all non-union wage and/or benefit increase that exceed the annual Social Security Cost of Living Adjustment.

For a number of years the Board of Selectmen has voted during the fall to grant wage and benefit increases to a few not elected non-union employees.  In the future all such increases must be approved in a Warrant Article by the-tax payers of Hampton.

What it means:  Some Town Hall employees do not belong to a union and are not elected. Those employees receive wage increases via an evaluation and recommendation process that culminates with a vote by the Board of Selectmen. The petitioner is asking that any such increases that are above the Cost of Living Adjustments afforded to Social Security recipients be placed as additional Warrant Articles rather than being approved by Town Boards.

Those in favor say: This would give voters more control over personnel costs for this group of employees.

Those against say:  There are 31 full and part-time employees who can be described as non-union and non-elected.  Their circumstances, evaluations, seniority and wage status will all be different and probably could not be incorporated into a single Warrant Article.  So this would involve several Warrant Articles, but the voters would have no way of knowing who is deserving of what increase.  In 2015, one Town employee tried asking for a wage increase by way of a Warrant Article.  That Article was defeated and comments at the time were that even if you agree that the employee deserves a raise, the ballot is not the way to do it. With regard to that issue, a Letter to the Hampton Union commented that personnel administration should not take place in the ballot box.

No rationale is provided for tying wage increases of working people to the increases of retired people on a fixed income.  People receiving Social Security get an increase every time the Cost of Living Adjustment is positive.  Town employees often go years without getting any increase at all.  Further, payroll deductions on the part of working men and women is what supports the current beneficiaries of Social Security.  There is no guarantee that workers currently paying in to the Social Security will ever be able to collect from the system themselves.  It is important that they save for their own retirement, and they need appropriate increases to be able to do that.

Fiscal Impact:  No direct tax impact.

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