Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1990) online

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Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,

due to length of Article 12 I move to dispense with the reading

of this article and go for the adoption of Article 12.

This article explained by Town Counsel, Gary Holmes.

Question moved by Frederick Moulton, second by Francis Thibodeau.

_ HAND VOTE YES 117 NO 51
ARTICLE 12 ADOPTED

20



Article 13: On petition submitted by Fred C. Tobey IV and
eleven (11) other legal voters of the town: To see if the town
will vote to adopt the following fireworks ordinance as submitted
by the petitioner:

CITIZEN PETITION

The undersigned, being ten of more legal voters of the Town
of Seabrook, New Hampshire, hereby submit the following ordinance
for consideration by the Town meeting pursuant to RSA 39:3.

Preamble

On June 22, 1988, the Board of Selectmen, as the local
governing body, voted not to issue any permits for the sale or
purchase of both Class B and C fireworks. Subsequently, as a
result of extensive litigation, changes in the statute governing
fireworks, recent uncontrolled and extensive sale of fireworks in
the Town, and the availability of information concerning the
safety and health issue of fireworks sales and displays, the
Selectmen have determined that a change in the prior vote is
desirable. For the purpose of protecting the public health,
safety, and welfare, the following ordinance is enacted
regulating the sale and display of fireworks:

1. Sale of Class B Special Fireworks

Any person, firm, partnership, or corporation desiring to
sell any Class B Special Fireworks at retail must first obtain a
permit for such sale from the Board of Selectmen. Such permit
shall be issued only after compliance with and subject to the
following:

a. The applicant must be in full compliance with Title 18
United States Code and the regulations promulgated
thereunder. The applicant shall have the burden of proving
compliance with such federal regulations.

b. Any permit shall be issued contingent on the applicant's
receipt of a license from the State of New Hampshire
pursuant to RSA 160 A: 7. This section is not to be
construed that said license is a prerequisite to the
issuance of the permit as, pursuant to RSA 160 A: 7, the
local permit is prerequisite to the State license.

c. The location of the business so licensed must be in
compliance with all town zoning ordinances and town building
and health and safety regulations and in addition, the
building must be equipped with a sprinkler system and be a
permanent structure (no tents) . The business must be open
year round.

d. No sale of Class B Special Fireworks shall be made to
any person under twenty-one (21) years of age or to any
person who has not been granted a permit to display
fireworks pursuant to RSA 160 A and RSA 158:9-f and who has
received proper licenses under all relevant Bureau of
Alcohol, Tobacco and Firearms (BATE) and United States
Department of Transportation (DOT) regulations. Such
permits and licenses must be presented at the time of sale.

e. The applicant shall maintain a comprehensive record of
all sales of Class B Special Fireworks to properly certified
and permitted purchasers and shall make said records
available for review by the Selectmen during business hours
and after reasonable notice.

f. Sale permits shall be valid for a maximum of one (1)
year from the date of issue or until the applicant is no



longer governed by or in compliance with these regulations
or federal or state requirements.

g. A permit fee shall be paid by the applicant, the amount
of said fee to be established by the Selectmen but the total
fee for permits pursuant to Paragraph 1 of this ordinance
and Paragraph 3 of this ordinance shall not exceed $1,000.

h. This section shall not apply to sales at wholesale as
provided under RSA 160 A: 2 and 3.

2 . Display of Class B Special Fireworks

Persons desiring to display Class B Special Fireworks must
first obtain a permit from the Board of Selectmen. Such permit
shall be issued only after compliance with and subject to the
following:

a. An application shall first be submitted to the fire
chief at least fifteen (15) days in advance of the date for
display and shall be investigated and handled in accordance
with the rules of the Director of the Division of State
Police pursuant to RSA 158:9-f.

b. The applicant must be at least twenty-one (21) years of
age and must possess a valid certification of competency as
provided in RSA 158:9-f.

c. No display permit shall be transferable and shall be
valid for only one display to be held within fifteen (15)
days that said permit is granted.

d. Each applicant shall present at the time of application
such proof of insurance or bonding coverage as required by
the Board of Selectmen. the amount of coverage needed shall
be determined by such factors as the size of the display,
the geographical located, and the anticipated crowd size.

e. Display permits shall only be granted for display by
municipalities, fair associations, amusement parks, and
other organizations or groups of individuals.

f. A permit fee of $100.00 shall be paid by applicant for
each permit so issued.

3 . Sale .of Class C Common Fireworks

Any person, firm, partnership, or corporation desiring to
sell any Class C Common Fireworks at retail must first obtain a
permit for such sale from the Board of Selectmen. Such permit
shall be issued only after compliance with and subject to the
following:

a. The applicant must be in full compliance with Rules and
Regulations of the Consumer Products Safety Commission, The
Department of Transportation and the Bureau of Explosives.
The applicant shall have the burden of proving compliance
with such federal regulations.

b. Any permit shall be issued contingent on the applicant's
receipt of a license from the State of New Hampshire
pursuant to RSA 160 A: 7. This section is not to be
construed that said license is a prerequisite to the
issuance of the permit as, pursuant to RSA 160 A: 7, the
local permit is prerequisite to the State license.

c. The location of the business so licensed must be in
compliance with all town zoning ordinances and town building
and health and safety regulations and in addition, the
building must be equipped with a sprinkler system and be a



permanent structure (no tents) . The business must be open
year round.

d. No sale of Class C Common Fireworks shall be made to any
persons under twenty-one (21) years of age or to any person
other than a person who has been granted a display permit as
provided herein. Such display permit shall be presented at
the time of the sale.

e. The applicant shall maintain a comprehensive record of
all sales of Class C Common Fireworks to permitted
purchasers and shall make said records available for review
by the Selectmen during business hours and after reasonable
notice .

f. Sale permits shall be valid for a maximum of one (1)
year from the date of issue or until the applicant is no
longer governed by or in compliance with these regulations
or federal or state requirements.

g. A permit fee shall be paid by the applicant, the amount
of said fee to be established by the Selectmen but the total
fees for a permit pursuant to Paragraph 1 of this ordinance
and Paragraph 3 of this ordinance shall not exceed
$1,000.00.

h. This section shall not apply to sales at wholesale as
provided under RSA 160 A: 2 and 3.

4 . Display of Class C Common Fireworks

Persons desiring to display Class C Common Fireworks must
first obtain a permit from the Board of Selectmen. Such permit
shall be issued only after compliance with and subject to the
following in addition to the requirements of RSA 160 A: IV and V:

a. The applicant must be at least twenty-one (21) years of
age.

b. No display permit shall be transferable.

c. Each applicant shall present at the time of application
such proof of his knowledge of the hazards relating to the
display of Class C Common Fireworks as the Selectmen shall
from time to time require. The Selectmen shall also require
from said applicant a written statement holding the Town of
Seabrook harmless for any and all injury to persons
orproperties resulting from the display of Class C Common
Fireworks .

d. The Selectmen may establish reasonable times and places
for said display as a condition of granting the permit.

e. Any individual violating the terms and conditions set
upon such permit shall, in addition to all other fines and
penalties provided by law, be guilty of a violation.

f. A permit fee of $5.00 shall be paid by applicant for
each permit so issued.

g. The Selectmen may appoint an agent or agents to
administer this ordinance and nothing herein shall be
construed to prohibit the appointment of persons holding
permits for the sale of Class B and/or Class C Common
Fireworks pursuant to this ordinance, from being so
appointed.



5 . Definitions

The definitions of "Class C Common Fireworks," "Class B
Special Fireworks," "display," "sale," and "wholesale" shall be
the same as found in RSA 160 A:l.

6 . Use of Permit fees

Permit fees received may be utilized for educational or fire
safety purposes.

Motion by Elizabeth A. Thibodeau, second by Frederick Moulton,
due to the length of Article 13 I move to dispense with the
reading of Article 13. ADOPTED

Motion by Elizabeth A. Thibodeau, second by Louis Janos to
postpone Article 13 indefinitely.
ARTICLE 13 INDEFINITELY POSTPONED.

Article 14: To see if the town will vote to amend generally
Chapter 30 of the Seabrook Code entitled Civil Defense Ordinance
to conform said ordinance to the new provisions of RSA 170-C
which is entitled "Emergency Management Act" so that all
references in the present ordinance to "Civil Defense," "Civil
Defense Director," and "RSA 170," be changed to Emergency
Management , Director of Emergency Management , and RSA 170-C .
respectively.

Motion by Asa H. Knowles Jr. second by Elizabeth A. Thibodeau, to

adopt Article 14 as read.

Amendment by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.

to change RSA 170- C to RSA 107-C.

AMENDMENT TO ARTICLE 14 ADOPTED AS READ

ARTICLE 14 ADOPTED AS AMENDED.

Article 15: To see if the town will vote to amend chapter
244 of the Seabrook Code entitled Taxicab Ordinance by deleting
section 244:2 in its entirety, and to renumber the chapter
accordingly.

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. to

adopt as read.

ARTICLE 15 ADOPTED AS READ

Article 16: To see if the town will vote to adopt and
ratify the following amendment to the Dogs Ordinance of September
28, 1976, by increasing the amount of fine per offense from ten'
($10.00) dollars to twenty ($20.00) dollars, so that chapter 152-
13 will read:

152-13 Violations and penalties.

Any person violating any provision of this chapter
shall, in addition to any other penalty fixed by law, be
fined an amount not exceeding twenty dollars ($20.) for each
offense.

This amendment shall become effective immediately upon
adoption.

Motion by Elizabeth a. Thibodeau, second by Frederick Moulton, to

adopt Article 16 as read.

This article explained by Jeffrey Baillargeon.

ARTICLE 16 ADOPTED AS READ

Article 17: To see if the town will vote to adopt and
ratify the following ordinances and amendments to ordinances as
printed in the annual town report:

Amendment to Solid Waste Disposal Ordinance June 21, 1989

24



Amendment to Parking Ordinance June 21, 1989

Amendment to Parking Ordinance October 25,1989

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,

to adopt as read.

ARTICLE 17 ADOPTED AS READ

Article 18: Shall we adopt the provisions of RSA 72:28, V
and VI, for an optional veterans' exemption and an expanded
qualifying war service for veterans seeking the exemption? The
optional veterans' exemption is $100, rather than $50.

(Ballot Vote)

Article 19: Shall we adopt the provisions of RSA 72:35, IV
for an optional property tax exemption on residential property
for a service-connected total disability? The optional
disability exemption is $1,400, rather than $700.

(Ballot Vote)

Motion by Asa H. Knowles Jr. second by Elizabeth A. Thibodeau, to

adopt article 18 & 19 together as read. ADOPTED

Mr. Steven Clark, Administrative Assistment will explain these

articles.

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. to
dispense with check-list and use paper ballots. Adopted.
ARTICLE 18 YES 178 NO 2 3
ARTICLE 19 YES 172 NO 24
ARTICLES 18 & 19 ADOPTED AS VOTED.

Article 20: To see if the town will vote to authorize the Board
of Selectmen to borrow money in anticipation of taxes and to
renew and refund town notes.

Motion by Elizabeth A. Thibodeau, second by Linwood Norton, to

adopt as read.

ARTICLE 2 ADOPTED AS READ

Article 21: To see if the town will vote to authorize the
Board of Selectmen to apply for, accept and expend, without
further action by the town meeting, money from the state, federal
or other governmental unit or a private source which becomes
available during the fiscal year in accordance with the
procedures set forth in RSA 31:95-b.

Motion by Elizabeth A. Thibodeau, second by Frederick Moulton, to

adopt as read.

ARTICLE 21 ADOPTED AS READ

Article 22: To see if the town will vote to authorize the
Board of Selectmen to sell at public auction or by advertised
sealed bids such town property as is no longer used by the town.

Motion by Asa H. Knowles Jr. , second by Elizabeth A. Thibodeau,

to adopt as read.

ARTICLE 2 2 ADOPTED AS READ

Article 23: To see if the town will vote to increase the
size of the Recycling Study Committee from three (3) to five (5)
and to authorize the selectmen to fill the two open positions.

Motion by Asa H. Knowles Jr., second by Elizabeth A. Thibodeau,

to adopt as read.

ARTICLE 2 3 ADOPTED AS READ



Article 24: To see if the town will vote to authorize the
Board of Selectmen to lease the old fire station owned by the
Seabrook Firemen's Association for the remainder of the calendar
year 1990 for the purpose of allowing the Rockingham County
Community Action Program to use the leased premises; and to raise
and appropriate the sum of Six Thousand Three Hundred ($6,300.00)
Dollars for the lease of said premises.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,

to adopt as read.

ARTICLE 2 4 ADOPTED AS READ

Article 25: To see if the town will vote to transfer into
the Town of Seabrook Scholarship Trust Fund, as established under
Article 5 of the 1987 Town Warrant, the amount of Six Thousand
One Hundred Fifty-five Dollars and Seventy-six Cents ($6,155.76)
which represents 1988 cable television franchise fees paid to the
town, and Six Thousand Nine Hundred Twenty-two Dollars and Sixty-
five Cents ($6,922.65) which represents 1989 cable franchise fees
paid to the town, making the total amount to be transferred into
said fund Thirteen Thousand Seventy-eight Dollars and Forty-one
Cents ($13,078.41).

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. ,

to adopt as read.

ARTICLE 25 ADOPTED AS READ

Article 26: To see if the town will vote to raise and
appropriate the sum of Forty-seven Thousand Eight Hundred
($47,800.00) Dollars for the purpose of purchasing and equipping
three (3) police cruisers, and to authorize the sale or trade-in
of three (3) existing cruisers.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Paul Cronin, to adopt
as read. HAND VOTE TAKEN.

YES 109 NO 49
ARTICLE 26 ADOPTED AS READ

Article 27: To see if the town will vote to raise and
appropriate the sum of Twenty Thousand ($20,000.00) Dollars for
the purpose of purchasing and equipping one (1) transport van, '
for prisoners, and to authorize the sale or trade-in of one (1)
existing van.

(Not Recommended by the Budget Committee)

Motion by Paul Cronin, second by Earlene U. Locke, to adopt
Article 27 as read.
ARTICLE 27 DEFEATED

Article 28: To see if the town will vote to raise and
appropriate the sum of Twenty Thousand Two Hundred Eighty
($20,280.00) Dollars for the purpose of purchasing and equipping
the police officers with 9MM pistols and appropriate leather
gear.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Earlene U. Locke, to
adopt Article 28 as read.
ARTICLE 28 DEFEATED

Article 29: To see if the town will vote to raise and
appropriate the sum of Sixty-five Thousand ($65,000.00) Dollars



for the purpose of purchasing a six-wheel diesel dump truck,
including dump body, wing and plow, and sand spreader, for the
Highway Department.

(Recommended by the Budget Committee)

Motion by Vernon G. Dow, second by Asa H. Knowles Jr., to adopt
Article 29 as read.
ARTICLE 29 ADOPTED AS READ

Article 30: To see if the town will vote to raise and
appropriate the sum of Six Thousand ($6,000.00) Dollars to
install a furnace in two (2) bays of the Department of Public
Works building and to finish the ramp.

(Recommended by the Budget Committee)

Motion by Vernon G. Dow, second by Elizabeth A. Thibodeau, to
adopt Article 30 as read.
ARTICLE 3 ADOPTED AS READ

Article 31: To see if the town will vote to raise and
appropriate the sum of Sixty-eight Thousand ($68,000.00) Dollars
for the purpose of replacing ambulance 45, said ambulance to be
sold or traded by the Board of Selectmen.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,

to adopt Article 31 as read.

This article explained by Fire Chief, Jerry W. Brown.

ARTICLE 31 ADOPTED AS READ

Motion by Jerry W. Brown, second by Elizabeth A. Thibodeau. to
reconsider Article 31.
MOTION DEFEATED

Article 32: To see if the town will vote to raise and
appropriate the sum of Thirty-eight Thousand ($38,000.00) Dollars
to purchase a small bucket truck to be used for the Town of
Seabrook fire alarm system.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. ,

to adopt as read.

Amendment by Jerry W. Brown, second by Elizabeth A. Thibodeau, to

read to be used for Town of Seabrook only.

AMENDMENT TO ARTICLE 3 2 ADOPTED AS READ

ARTICLE 3 2 ADOPTED AS AMENDED

Article 33: To see if the town will vote to raise and
appropriate the sum of Thirty Thousand ($30,000.00) Dollars for
the purpose of purchasing a 580 Case backhoe/ loader for the Water
Department and to authorize the sale or trade-in of the existing
580 Case backhoe/ loader .

(Recommended by the Budget Committee)

Motion by Asa H. Knowles Jr., second by Elizabeth A. Thibodeau,

to adopt Article 33 as read.

Amendment by Warner B. Knowles, second by Elizabeth A. Thibodeau,

to change money figure to Twenty-one thousand five hundred

seventy-five ($21,575.00) dollars.

AMENDMENT TO ARTICLE 3 3 ADOPTED AS READ.

ARTICLE 3 3 ADOPTED AS AMENDED.

Article 34: To see if the town will vote to raise and
appropriate the sum of One Hundred Thousand ($100,000.00) Dollars



for the purpose of installing new water mains on the Route #286
bridge and related work.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,
to adopt Article 34 as read.

This article explained by Selectwoman, Elizabeth A. Thibodeau.
ARTICLE 3 4 ADOPTED AS READ

Article 35: To see if the town will vote to raise and
appropriate the sum of Twenty Thousand ($20,000.00) Dollars for
the purpose of engineering and construction of sewers associated
with the Route 286 bridge.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Ivan Q. Eaton Sr.,to

adopt Article 35 as read.

Amendment to Article 35 by Elizabeth A. Thibodeau, second by Asa

H. Knowles Jr., to change money figure to One hundred twenty

thousand

($120,000.00) dollars.
AMENDMENT TO ARTICLE 3 5 ADOPTED AS READ.
ARTICLE 3 5 ADOPTED AS AMENDED.

IVrticle 36: To see if the town will vote to raise and
appropriate the sum of Fifteen Thousand ($15,000.00) Dollars for
the purpose of purchasing and installing a central refueling
station. Said amount is to supplement the balance of Article 26
of the 1987 Town Meeting for the same purpose.

(Recommended by the Budget Committee)

Motion by Asa H. Knowles Jr., second by Elizabeth A. Thibodeau,
to adopt Article 3 6 as read.

ARTICLE 3 6 ADOPTED AS READ

Article 37: To see if the town will vote to raise and
appropriate the sum of Five Thousand ($5,000.00) Dollars for the
purpose of completing the update of the town's Master Plan. Said
amount is to supplement the balance of Article 14 of the 1989
Town Meeting for the same purpose.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Earlene Locke, to
adopt Article 37 as read. James Champoux explained this article.
ARTICLE 37 ADOPTED AS READ

Article 38: To see if the town will vote to raise and
appropriate the sum of Seventy-five Thousand ($75,000.00) Dollars
for the purpose of completing improvements to Ledge Road.

(Not Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Earlene U. Locke, to
adopt as read. Road Agent, Vernon G. Dow explained this article.
ARTICLE 38 ADOPTED AS READ

Article 39s To see if the town will vote to raise and
appropriate the sum of Five Hundred ($500.00) Dollars for the
American Red Cross - Seacoast Area Chapter as contribution
towards the purchase of an emergency van. Said van to be used to
assist victims with disaster relief.

(Recommended by the Budget Committee)



Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr.,
to adopt Article 39 as read.
ARTICLE 39 ADOPTED AS READ

Article 40: To see if the town will vote to raise and
appropriate Eight Thousand ($8,000.00) Dollars for improving and
paving the town owned portion of Woodland Avenue.

(Recommended by the Budget Committee)

Motion by Asa H. Knowles Jr., second by Elizabeth A. Thibodeau,
to adopt Article 40 as read.
ARTICLE 4 ADOPTED AS READ

Article 41: On petition of Charlotte K. Marshall and one
hundred fifty-three (153) other legal voters of the town: To see
if the town will vote to raise and appropriate the sum of One
Hundred Thousand ($100,000.00) Dollars to establish a capital
reserve fund to expand and improve the building and facilities of
Brown Library.

(Not Recommended by the Budget Committee)

Motion by Charlotte K. Marshall, second by Eric N. Small, to
adopt Article 41 as read.
ARTICLE 41 DEFEATED

Article 42: On petition of James M. Cawley and eighteen
(18) other legal voters of the town: To see if the town will
vote to raise and appropriate the sum of Eighty-six Thousand
($86,000.00) Dollars for the purpose of hiring an additional five
(5) full time patrolmen for the Seabrook Police Department; said
officers to be hired within sixty (60) days and shall reflect a
staffing level of twenty-four (24) full time officers. (This is
based upon thirty-three (33) weeks and includes all salaries,
insurance, retirement and clothing allowance, as specified
through the town office.)

(Not Recommended by the Budget Committee)

Motion by James M. Cawley, second by Howard C. Page, III, to
adopt Article 42 as read.
ARTICLE 4 2 DEFEATED

Article 43: On petition of Eric N. Small and fifty-eight
(58) other legal voters of the town: To see if the town will

vote to raise and appropriate the sum of Twelve Thousand
($12,000.00) Dollars for painting and repairs to the Old South

Meeting House.

(Recommended by the Budget Committee)

Motion by Eric N. Small, second by Jason Janvrin, to adopt
Article 43 as read.
ARTICLE 4 3 ADOPTED AS READ

Article 44: On petition of Melissa G. Walker and forty-two
(42) other legal voters of the town: To see if the town will
vote to raise and appropriate the sum of Twelve Thousand Six
Hundred Ninety-one ($12,691.00) Dollars for the purpose of
purchasing the necessary software and hardware to complete the
next step of upgrading the police department's computer so that
it may better handle the department's increased work load.

(Not Recommended by the Budget Committee)

Motion ^by Melissa G. Walker, second by James M. Cawley, to adopt
Article 44 as read.
ARTICLE 4 4 DEFEATED



Article 45: On petition of James C. Falconer and twelve
(12) other legal voters of the town: To see if the town will
vote to raise and appropriate the sum of Twenty-five Thousand
($25,000.00) Dollars to the police department for the purpose of
participating in reciprocal drug related under-cover operations
under the auspices of the drug task force, and to authorize the


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