SELECTMEN, elect two

Ross McLeod 1,980

Roger Hohenberger 1,982

Walter Kolodziej 934

TOWN CLERK

Nicole Merrill 2,644

MODERATOR

Peter Griffin 2,331

TREASURER, Elect one

Robert Skinner 1,941

Corey Lewandowski 714

SUPERVISOR OF THE CHECKLIST

Eileen Mashimo 2,151

TRUSTEES OF THE CEMETERY

Bruce Moeckel 2,268

TRUSTEES OF THE LIBRARY, elect two

J.R. Siegel 842

Karen Marcil 1,236

Tara Picciano 1,397

TRUSTEE OF THE TRUST FUNDS

Karen Marcil 1,995

PLANNING BOARD, Elect two

Carolyn Webber 1,638

Stephanie Foster 812

Pamela Skinner 1,326

Paul Therrien 974

BOARD OF ADJUSTMENT, Elect two

Jay Yennaco 1,302

John Alosso 881

Mike Scholz 997

James Tierney 1,110

Article #2. To vote by ballot on the following amendments to the Windham Zoning Ordinance and Zoning District Map as proposed by the Planning Board: Planning Board Amendment #1. Are you in favor of the adoption of Amendment #1 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (The amendment, if adopted, would Amend Section 904 governing appeals making grammatical changes and including specification that both eligible appeals of Planning Board decisions and appeals of Administrative Officer decisions (other than building permit issuance), must be filed within 30 days.)

RECOMMENDED BY THE PLANNING BOARD (6-0)

YES 1,681

NO 1,123

Planning Board Amendment #2. Are you in favor of the adoption of Amendment #2 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would Amend Section 604 of the Ordinance modifying the stated purpose of the Neighborhood Business District to specify that the intent is that uses should compliment the adjoining neighborhood, have minimal impact on municipal infrastructure and not detract from existing area characteristics)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 2,052

NO 657

Planning Board Amendment #3. Are you in favor of the adoption of Amendment #3 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would Amend Section 612.1 of the Ordinance modifying the stated purpose of the Village Center District removing reference to specific town structures and specifying that the intent is that it be a walkable mixed use area containing residential commercial, historic and public space uses.)

RECOMMENDED BY THE PLANNING BOARD (6-0)

YES 2,003

NO 670

Planning Board Amendment #4. Are you in favor of the adoption of Amendment #4 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would Amend Section 606 of the Ordinance modifying the stated purpose of the Limited Industrial District to reference uses which are comparable to permitted uses such as research laboratories, office buildings and light manufacturing and specifying that the intent is that such uses are compatible with neighboring uses.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 2,006

NO 651

Planning Board Amendment #5. Are you in favor of the adoption of Amendment #5 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would Amend Section 614.1 of the Ordinance modifying the stated purpose of the Professional Business and Technology District to specify that the intent is that the area, and its various permitted uses, should serve as the employment center of Windham with such uses being compatible and transitional with neighboring uses.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,963

NO 677

Planning Board Amendment #6. Are you in favor of the adoption of Amendment #6 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify provisions of Section 605 of the Windham Zoning Ordinance by creating separate Sections for the provisions governing Commercial District B and Gateway Commercial Districts which include similar conditions for approval and modifying the stated purpose of the Gateway Commercial District by deleting the existing language and replacing it with language specifying that the intent is to encourage mixed uses which are appropriate in proximity to I-93, ensure that architectural styles reflect the styles and character of New England and the Town, and promote efficient traffic circulation and pedestrian travel)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 2,039

NO 616

Planning Board Amendment #7. Are you in favor of the adoption of Amendment #7 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify the provisions of Section 706 governing signs to allow inclusion of street numbers into wall signs over and above the permitted sign size)

RECOMMENDED BY THE PLANNING BOARD (6-0)

YES 2,022

NO 631

Planning Board Amendment #8. Are you in favor of the adoption of Amendment #8 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted would modify certain provisions governing overnight parking of commercial vehicles, removing language from Section 605 governing Residence Districts and inserting new language in Section 704 governing Off-street Parking permitting overnight parking of one registered commercial vehicle meeting certain qualifications.)

RECOMMENDED BY THE PLANNING BOARD (5-2)

YES 1,278

NO 1,339

Planning Board Amendment #9. Are you in favor of the adoption of Amendment #9 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, (i) would modify the Definition of Recreational Vehicle found in Section 200, (ii) would modify various provisions of the Off Street Parking provisions in Section 704 removing most of the specified parking requirements for non-residential uses leaving them to be set by site plan review, and (iii) changing sections governing the parking and use of recreational vehicles and recreational campers.)

RECOMMENDED BY THE PLANNING BOARD (6-0)

YES 1,558

NO 979

Planning Board Amendment #10. Are you in favor of the adoption of Amendment #10 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would enact a new section of the Windham Zoning Ordinance to allow creation workforce housing as set forth in RSA 674:59 in order to comply with state law. It would: permit creation of workforce housing (which is defined in State law as housing which is affordable within certain income guidelines), in Residential B, Residential C, Rural and Village Center Districts, including multi-family housing in Residential B, Residential C and Village Center areas; incorporate State definitions of workforce housing and would give the Planning Board authority to grant Conditional Use Permits for the approval of workforce housing, enact development standards and approval procedures.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,579

NO 996

Planning Board Amendment #11. Are you in favor of the adoption of Amendment #11 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would enact a new section of the zoning ordinance (Section 720) governing kennels, including a purpose clause, defining types of kennels, establishing a permitting and approval system for kennels, and enacting regulations governing the siting and operation of kennels.)

RECOMMENDED BY THE PLANNING BOARD (4-2-1)

YES 1,514

NO 1,029

Planning Board Amendment #12. Are you in favor of the adoption of Amendment #12 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify Section 710.3.1 of the zoning ordinance governing the height of fences at property lines, specifying that such height restrictions apply to any fences within the required setbacks.)

RECOMMENDED BY THE PLANNING BOARD (6-0)

YES 1,547

NO 1,016

Planning Board Amendment #13. Are you in favor of the adoption of Amendment #13 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify provisions of the zoning ordinance governing setbacks by addition of a new definition of "front lot line"; modifying existing definitions for front, side and rear yards; allowing waterfront docks and boat houses which comply with NH DES regulations, amending the setback requirements for corner lots; and specifying a minimum setback from regulated shorelands consistent with state law.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,767

NO 763

Planning Board Amendment #14. Are you in favor of the adoption of Amendment #14 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify the provisions of the zoning ordinance governing the placement of sheds of less than 100 sq ft, specifying that not more than 2 such sheds may be erected on a lot in side and rear yards with a reduced setback; and adding language which specifies what structures are counted to calculate allowable lot coverage.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,596

NO 972

Planning Board Amendment #15. Are you in favor of the adoption of Amendment #15 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following six (6) lots, located on Bridal Bridge Road, Misty Meadow Road, Brookview Road and Pleasant Street, currently zoned partly Residence C and partly Rural to all Residence C - 19-A-20, 19-A-800, 19-A-801, 19-A-802, 14-A-300 and 14-A-400.)

RECOMMENDED BY THE PLANNING BOARD (4-3)

YES 1,232

NO 1,215

Planning Board Amendment #16. Are you in favor of the adoption of Amendment #16 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following lot, located on Bridal Bridge Road, currently zoned partly Residence C and partly Rural to all Rural - 19-A-850.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,801

NO 692

Planning Board Amendment #17. Are you in favor of the adoption of Amendment #17 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following five (5) lots, located on North Lowell Road and Camelot Road currently zoned partly Residence A and partly Residence B to all Residence B - 11-C-1601, 11-C-1602, 11-C- 2501, 11-C-2502 and 11-C-3500.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,768

NO 722

Planning Board Amendment #18. Are you in favor of the adoption of Amendment #18 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following fourteen (14) lots, located on Camelot Road, Sheffield Street, Cochran Farm Road, New Found Road and Pine Hill Road currently zoned partly Residence A and partly Residence B to all Residence A - 11-C-1603, 11-C-1604, 11-C-1606, 11-C-1607, 11-C-1608, 11-C-1609, 11-C-2504, 11-C-2505, 11-C-2506, 11-C-2507, 11-C-2512, 11-C-2513, 11-C-2561, 11-C-3625.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,795

NO 686

Planning Board Amendment #19. Are you in favor of the adoption of Amendment #19 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following lot, located on Pine Hill Road, currently zoned partly Residence A and partly Residence B to Rural - 11-C-3600.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,892

NO 641

Planning Board Amendment #20. Are you in favor of the adoption of Amendment #20 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following lot, located on North Lowell Road, currently zoned partly Residence B and partly Rural to all Residence B - 11-A-610.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,823

NO 711

Planning Board Amendment #21. Are you in favor of the adoption of Amendment #21 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following six (6) lots, located on Copps Hill Road, Porcupine Road and Marblehead Road currently zoned partly Residence A and partly Rural to all Rural - 21-B-10, 21-B-23, 21-B-25, 21-B-27, 21-B-28, 21-F-36.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,890

NO 632

Planning Board Amendment #22. Are you in favor of the adoption of Amendment #22 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following lot, located on Rockingham Road, currently zoned partly Neighborhood Business District, partly Residence B and partly Rural to all Rural - 8-B-3001.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,837

NO 677

Planning Board Amendment #23. Are you in favor of the adoption of Amendment #23 as proposed by the Planning Board for the Town of Windham Zoning Ordinance? (This amendment, if adopted, would rezone the following lots, located on Harris Road, currently zoned partly Commercial Business A and partly Rural to all Rural - 13-B-101, 13-B-102).

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,813

NO 694

Article #3. Are you in favor of the adoption of an amendment to the Windham Building Code as proposed by the Planning Board? (This amendment, if adopted would authorize the Town to enforce provisions of the state building code as allowed under RSA 674:51; make local revisions to such codes; repeal prior local versions thereof; designate the Building Inspector as the official to enforce said code and designate the Zoning Board of Adjustment as the agency to hear appeals.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,826

NO 698

Article #4. To vote by ballot on the following amendments to the Windham Zoning Ordinance and Zoning District Map as submitted by Petition under RSA 675:4: Citizen Petition #1. Are you in favor of the adoption of Amendment #1 as proposed by Shawn Thrasher and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would modify the provisions of Section 616.6.2 of the Cobbetts Pond Watershed Protection Ordinance to prohibit the requirement of outside engineering review of certain erosion and sediment control plans required under the ordinance for projects which have received NH DES Shoreland approval.) NOT

RECOMMENDED BY THE PLANNING BOARD (5-1)

YES 708

NO 1,869

Citizen Petition #2. Are you in favor of the adoption of Amendment #2 as proposed by Gregory Reeners and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would amend the Wetland and Watershed Protection Provisions by removing Section 601.4.5 which increases the WWPD setback by 100' when the slopes within that area exceed 12%.)

NOT RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 724

NO 1,857

Citizen Petition #3. Are you in favor of the adoption of Amendment #3 as proposed by William Schroeder and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, extends the current regulatory provisions of the Cobbetts Pond Watershed Protection Ordinance in Section 616 to include areas within the Canobie Lake Watershed area as shown on the Canobie Lake Watershed Overlay District Parcel Map dated 11/15/11.)

RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 1,659

NO 941

Citizen Petition #4. Are you in favor of the adoption of Amendment #4 as proposed by Everett Ryan and others to the Town of Windham Zoning District Map? (This amendment, if adopted, would rezone one hundred twelve (112) lots, located on Heritage Hill Road, Ryan Farm Road, Timberlane Road, Karen Road, Lancaster Road, Castle Hill Road, and Bennington Road, currently zoned Rural to Residence A.)

NOT RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 692

NO 1,849

Citizen Petition #5. Are you in favor of the adoption of Amendment #5 as proposed by Kathryn Welby and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would amend Section 708.3 of the ordinance regulating Junk Yards, modifying the definitions of "junk" and "non-commercial junk yard".)

NOT RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 573

NO 1,980

Citizen Petition #6. Are you in favor of the adoption of Amendment #6 as proposed by Marc Sneider and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would insert a definition of "Commercial Vehicle" into in Section 200 of the ordinance which would include any vehicle used or intended to be used to transport goods, commodities, merchandise, produce or freight (regardless of size) or used in any business or commercial enterprise, and including non-motorized dumpsters, storage units and storage trailers.)

NOT RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 486

NO 2,066

Citizen Petition #7. Are you in favor of the adoption of Amendment #7 as proposed by Kathryn Welby and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would amend Section 704 of the ordinance regulating Off-Street Parking to insert new provisions governing the outdoor parking of Commercial Vehicles in the Residence A, B, C and Rural Districts.)

NOT RECOMMENDED BY THE PLANNING BOARD (7-0)

YES 460

NO 2,074

Citizen Petition #8. Are you in favor of the adoption of Amendment #8 as proposed by Jerry Rufo and others to the Town of Windham Zoning Ordinance? (This amendment, if adopted, would amend Section 710 of the ordinance regulating Fences, modifying the definition of "fence" to include a manmade structure of any material erected for the purpose of enclosing or separating a portion of a lot, or erected for the purpose of shielding hiding or obstructing the view of any portion of a lot.

NOT RECOMMENDED BY THE PLANNING BOARD (6-1)

YES 428

NO 2,123

ARTICLE 5. To see if the Town will vote to raise and appropriate the sum of $30,000 to be added to the Property Maintenance Expendable Trust Fund.

Recommended by Board of Selectmen (5-0)

YES 1,681

NO 1,123

ARTICLE 6. To see if the Town will vote to raise and appropriate the sum of $20,000, said amount to be withdrawn from the balance in the previously established Searles Special Revenue Fund for payment of both marketing related and maintenance related costs associated with the Searles Building. Approval of this article will have no additional impact on the tax rate.

Recommended by Board of Selectmen (5-0)

YES 2,100

NO 729

ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $12,112, said amount to be withdrawn from the balance in the previously established Searles Special Revenue Fund for the purposes of paying the principal and interest on the outstanding loan taken to fund renovations and repairs to the West wing of the building in 2003. Should this article pass, the debt service account in the approved operating budget from Article 20 will be reduced by a sum $12,112. Approval of this article will have no additional impact to the tax rate.

Recommended by Board of Selectmen (5-0)

YES 2,208

NO 611

ARTICLE 8. To see if the Town will vote to raise and appropriate the sum of $ 3,780, representing the cost of the increased economic benefits for members of Local Union 1801 AFSCME (Municipal Union) to which they are entitled for the fiscal years 2011 - 2014 under the terms of the latest collective bargaining agreement entered into by the Selectmen and AFSCME. Said contract to expire on March 31, 2014 with the additional cost for 2013 to be $ 23,570 and $ 8,000 for the year 2014, with $0 to be paid retroactively for 2011. The contract also includes an increase from 20% to 25% in the employee's share of health insurance premiums. Should this article pass, the Highway Department's and Town Clerk's line accounts in the approved operating budget from Article 20 will be reduced by $1,800 and $1,530 respectfully, representing costs of step increases employees remain eligible for if the new contract is not ratified.

Recommended by Board of Selectmen (4-1)

YES 1,599

NO 1,152

ARTICLE 9. Shall the Town of Windham, if Article #8, is defeated, authorize the governing body to call one special meeting, at its option, to address Article(s) #8, cost items only?

Recommended by Board of Selectmen (5-0)

YES 1,582

NO 1,098

ARTICLE 10. To see if the Town will vote to raise and appropriate the sum of $214,000 for the purpose of new Self Contained Breathing Apparatus (SCBA) Gear for the Fire Department and necessary equipment and materials to place this gear into service, and further to authorize the acceptance of $203,300 of this appropriation from the US Department of Homeland Security - FEMA, as part of a Assistance to Firefighters Grants to fund 95% of the project, with the balance of $10,700 to come from general taxation. Should this article be approved but the grant not be awarded, this article will be considered null and void. This will be a non-lapsing account per RSA 32:7, VI and will not lapse until the purchase is complete or for a period of two (2) years, whichever is less. This article is part of the Capital Improvement Program.

Recommended by Board of Selectmen (5-0)

YES 1,939

NO 875

ARTICLE 11. To see if the Town will vote to raise and appropriate the sum of $165,000 for the purpose of purchasing a Highway Truck (5 Ton) and necessary equipment and materials to place the vehicle into service, and further to authorize the acceptance of $132,000 of this appropriation from the State of New Hampshire as part of an approved grant to fund 80% of the project, with the balance of $33,000 to come from general taxation. Should this article be approved but the State reimbursement not occur, this article will be considered null and void. This will be a non-lapsing account per RSA 32:7, VI and will not lapse until the purchase is complete or for a period of two (2) years, whichever is less. This article is part of the Capital Improvement Program.

Recommended by Board of Selectmen (5-0)

YES 1,706

NO 1,099

ARTICLE 12. To see if the Town will vote to raise and appropriate the sum of $125,000 for the purpose of purchasing a Highway Loader and necessary equipment and materials to place the vehicle into service, and further to authorize the Board of Selectmen to use up to $35,000 in funds gained from trading in the existing department loader with the balance of $90,000 to come from general taxation. This will be a non-lapsing account per RSA 32:7, VI and will not lapse until the purchase is complete or for a period of two (2) years, whichever is less. This article is part of the Capital Improvement Program.

Recommended by Board of Selectmen (5-0)

YES 1,352

NO 1,432

ARTICLE 13. To see if the Town will vote to raise and appropriate the sum of $2,350 for the Conservation Commission, and authorize the Selectmen to transfer all unexpended Conservation Commission funds as of December 31, 2012 to the Conservation Fund in accordance with RSA 36-A:5.

Recommended by Board of Selectmen (5-0)

YES 1,783

NO 967

ARTICLE 14. To see if the Town will vote to authorize the Selectmen to complete a land transaction with the State of New Hampshire authorizing (i) the conveyance of a 1.6 +/- acre portion of Lot 11-C-350 to the State of New Hampshire (currently the subject of an eminent domain Declaration of Taking), and (ii) release of a curb cut access on Route 111 for parcel 11-A-300 (currently the Town Highway Garage) and to receive in consideration the parcel of land depicted as Lot 11-A-299, containing .39 acres situated at the intersection of Haverhill Road and Ledge Road, currently subject of a temporary use agreement, subject to such other terms and conditions as established by the Selectmen.

Recommended by Board of Selectmen (5-0)

YES 2,152

NO 575

ARTICLE 15. To see if the Town will vote to discontinue absolutely and completely, pursuant to New Hampshire Revised Statutes Annotated Chapter 231, Section 43, the sections of Lamson Road which traverses between the borders of Tax Maps 13-A-150, 13-A-155, 13-A-120, 13-A-110, and 13-A-102, meaning to describe the former portion of Lamson Road which was bypassed as part of the State of New Hampshire Route 111 By-Pass Project.

Recommended by Board of Selectmen (5-0)

YES 2,101

NO 555

ARTICLE 16. Shall the Town vote to accept the donation of H and B Homes, Corp. of a parcel of land of 22.86 acres identified as Lot 3-B-601 situated at the intersection of Rockingham Road and Northland Road, said parcel being designated as land for Town recreational use by the applicant as part of the approval process for the Spruce Pond II Subdivision approved by the Windham Planning Board on October 3, 2007.

Recommended by Board of Selectmen (4-0

YES 2,086

NO 669

ARTICLE 17. By petition of Dennis Senibaldi and others To see if the Town will vote to raise and appropriate the sum of $250,000 dollars representing the cost of engineering, design plans and construction costs associated with the construction of Phase I of the Spruce Pond Recreation Field, (Tax Map 3-B-601). Phase I to include the construction of a recreational sports field usable for, but not limited to, Soccer, Lacrosse, and Football, a parking area, as well as the initial preparation work associated with the final Phase II, namely the construction of a baseball field. Further to authorize the Board of Selectmen to apply any federal, state or private funds made available therefore toward the cost of the project. This will be a non-lapsing account per RSA 32:7, VI and will not lapse for a period of two (2) years. A total of $260,000 worth of material and construction donations where previously given to the town to complete the preliminary site preparations for this project. Further should Article 16 fail this article shall be declared null and void.

Recommended by Board of Selectmen (2-2)

YES 738

NO 2,077

ARTICLE 18. By Petition of Marc Sneider and others To see if the Town will vote to adopt the following ordinance: The purpose of this ordinance is to insure that town officials and town employees are dedicated solely to the service of the residents of the town and are not motivated or appear to be motivated in his or her actions for anything other than service to the town. Moreover, this ordinance is to promote transparency in town administration and to prohibit town officials and town employees from improperly using their position with the town for their advantage or the advantage of their friends, relations, employers or business associates.

Prohibition Against Conflict of Interest.

Town shall be defined as the Town of Windham.

Covered Person shall be defined to include an elected Town official, a non-elected Town official, a Town employee, and any person or business (including the principals, partners, employees and owners of the business) that have performed or are performing services pursuant to a contract or arrangement with or on behalf of the Town whether or not the services were or are performed for compensation.

A Covered Person shall not participate in deciding or acting on any Town matter if the matter may provide a direct or indirect benefit, create a material gain or provide an advantage to relations, friends, employers, groups, businesses or associations to which the Covered Person has an affiliation or connection. A Covered Person with such an affiliation or connection must make that affiliation or connection public, must refrain from participating, voting or taking any action on the matter and must recuse himself or herself from involvement with respect to the action or decision. Further, the Covered Person shall not discuss the matter privately or otherwise communicate directly or indirectly with any other Covered Person regarding the matter.

The provisions set forth above shall not prohibit a Covered Person from appearing before a Town board to voice their support in favor of or against a matter before said board as long as it is made clear on the record of the proceedings that the Covered Person is not acting in his or her official capacity but is acting solely in his or her capacity as a resident of the Town.

A violation of this ordinance by a Covered Person shall be deemed a violation of the Town's Code of Ethics (with respect to Town employees) and shall be grounds for removal from office or employment with the Town.

The provisions contained in this ordinance shall be in addition to and shall supplement any and all other laws, ordinances, codes, rules or regulations now or hereinafter in force and effect. The provisions contained herein cannot be waived, suspended or overridden.

Covered Persons who are now in office, employed by, or who are under contract or arrangement with or on behalf of the Town at the time of adoption of this ordinance shall be exempt from the provisions hereof for a period of 180 days following the date of adoption of this ordinance.

If any provision of this ordinance is held to be invalid or unenforceable, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision.

YES 1,648

NO 1,085

ARTICLE 19. By Petition of Marc Sneider and others To see if the Town will vote to adopt the following ordinance:

The purpose of this ordinance is to insure that town officials and town employees are dedicated solely to the service of the residents of the town and are not motivated or appear to be motivated in his or her decision to undertake public service for personal benefit or personal advantage. Moreover, this ordinance is to promote transparency in town administration and to prohibit town officials and town employees from deriving or appearing to derive unfair advantage by improperly using friendships and associations formed or confidential information obtained while serving the Town of Windham.

Prohibition Against Conflict of Interest.

Town shall be defined as the Town of Windham. Covered Person shall be defined to include an elected Town official, a non-elected Town official, a Town employee, and any person or business (including the principals, partners, employees and owners of the business) that have performed or are performing services pursuant to a contract or arrangement with or on behalf of the Town whether or not the services were or are performed for compensation. Covered Period shall be defined as the time period during which the Covered Person serves or served as an elected town official, non-elected town official, town employee and/or person or business that performed services under contract or arrangement with or on behalf of the Town and shall extend for a period of two years following the termination of any of the foregoing activities.

A Covered Person shall not during the Covered Period:

1. appear before any Town board as a principal, agent, attorney, representative or otherwise, on behalf of any person, business or entity; or,

2. act as a principal, agent, attorney, representative or otherwise, on behalf of any person, business or entity for purposes of obtaining any permits, permissions, licenses, variances, grants, or approvals from the Town.

The provisions set forth above shall not prohibit a Covered Person from applying for or appearing before a Town board for purposes of obtaining a permit, permission, license, variance, grant, or approval from the Town with respect to the Covered Person's personal residence. But, unless otherwise set forth below, it shall prohibit such conduct with respect to any business or entity in which the Covered Person has a legal and/or pecuniary interest.

The provisions set forth above shall not prohibit a Covered Person from applying for real estate tax abatements with respect to a Covered Person's real estate interests.

A Covered Person shall not, with respect to a business or entity in which the Covered Person has an interest, be prohibited from applying for electrical permits, plumbing permits and such other permits or licenses issued as part of and pursuant to the Town's administrative function, but such Covered Person shall be prohibited from bringing any matter regarding such business or entity before the Zoning Board of Adjustment, Planning Board, Board of Selectmen, or any Town Commission.

It shall be the affirmative responsibility and duty of any and all Town officials and/or Town employees to report, in writing, a violation of the above by a Covered Person directly to the Board of Selectmen.

A violation of this ordinance by a Covered Person shall be deemed a violation of the Town's Code of Ethics (with respect to Town employees) and shall be grounds for removal from office or employment with the Town.

Any permit, permission, license, variance, grant, approval or action obtained from the Town through the direct or indirect actions of a Covered Person during the Covered Period shall be void. The provisions contained in this ordinance shall be in addition to and shall supplement any and all other laws, ordinances, codes, rules or regulations now or hereinafter in force and effect.

The provisions contained herein cannot be waived, suspended or overridden. Covered Persons who are now in office, employed by, or who are under contract or arrangement with or on behalf of the Town at the time of adoption of this ordinance shall be exempt from the provisions hereof for a period of 180 days following the date of adoption of this ordinance.

If any provision of this ordinance is held to be invalid the enforcement of the invalid provision shall not affect the other provisions or applications which can be given effect without the invalid provision.

YES 1,569

NO 1,178

ARTICLE 20. Shall the Town raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling $12,323,890.07. Should this article be defeated, the operating budget shall be $12,135,771.07 which is the same as last year, with certain adjustments required by previous action of the town, 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 operating budget only.

* If Article 7 of this warrant passes, this article will be reduced by $12,112 (Long Term Debt line).

If Article 8 of this warrant passes, this article will be reduced by $1,800 (Town Clerk Expenses) as well as $1,530 (Town Highway Maintenance).

Town Officers' Salaries: $3,690

Administration: 518,560

Town Clerk Expenses: 213,520

Tax Collector Expenses: 136,830

Election and Registration: 23,650

Cemeteries: 41,200

General Gov't Buildings: 485,280

Appraisal of Properties: 196,000

Information Technologies: 200,200

Town Museum 5 Searles Building: 15,520

Legal Expenses: 52,400

Retirement: 17,500

Insurance: 255,130

Contracted Services: 5

Police Department: 2,481,830

Dispatching: 404,160

Fire Department: 2,869,595

Emergency Management: 6,490

Community Development: 442,835

Town Highway Maintenance: 1,130,280

Street Lighting: 14,320

Solid Waste Disposal: 910,485

Health and Human Services: 36,655

Animal Control: 20,065

General Assistance: 57,040

Library: 964,710

Recreation: 181,575

Historic Commission: 1,000

Senior Center: 6,930

Cable TV Expenses: 92,540

Interest Expenses (TANs): 500

Long Term Debt: 213,390.07 (Principal $206,767.50 and Interest $6,622.57)

Capital Outlay - Roads (Part of CIP): 330,000

*Note: Warrant Article 20 (operating budget does not include appropriations proposed under any other warrant articles).

Recommended by Board of Selectmen (4-1)

YES 1,711

NO, 1086

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