Chairman LaBranche called the public meeting to order at 6:30pm.
Non-Public RSA 91-A:3 II (e)
Motion: To enter into Non-Public RSA 91-A:3 II (e) at 6:30pm.
Motioned: Councilor Minutelli
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Absent
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Councilor Botterman arrived at 6:36pm.
Motion: To leave Non-Public RSA 91-A:3 II (e) at 6:43pm.
Motioned: Councilor Minutelli
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Motion: To seal the minutes of the non-public session because release of the information would render the proposed action ineffective.
Motioned: Councilor Dickens
Seconded: Councilor Minutelli
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Non-Public RSA 91-A:3 II (e)
Motion: To enter into Non-Public RSA 91-A:3 II (e) at 6:43pm.
Motioned: Councilor Minutelli
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Motion: To leave Non-Public RSA 91-A:3 II (e) at 6:59pm.
Motioned: Councilor Minutelli
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Chairman LaBranche called the public meeting to order at 7:03pm.
Chairman LaBranche thanked emergency personnel and town employees for their efforts during the storm. He appreciated the job well done.
Chairman LaBranche explained the Town Council would not be discussing agenda item #4 relating to the new fire truck this evening. In 1992 a vote of the Town required all CIP funding to first go through a Public Hearing. He will allow the Public Hearing at the workshop to move this item forward.
Public Hearing: Ordinance #200912010-07 Regulating the Licensure of Sidewalk Cafes
Administrator Wojnowski discussed the changes made to the ordinance including the placement of tables, chairs and benches; the effective dates will be from April 1st through November 1st; the permit fee has been raised to $50; businesses are responsible for maintenance of the area; and denial of permits can be appealed to the Town Council. He explained any damage to tables, chairs or benches are the responsibility of the business owner.
Chairman LaBranche opened the public hearing at 7:07pm.
Ed Portyrata of Exeter Road felt there should be a handicap parking sign behind the dentist office because that location is a dangerous place for people to park.
Michael Ploski of 60 North Main Street asked if the ordinance provides any guidance on how much sidewalk must be kept clear for pedestrian traffic.
Administrator Wojnowski explained 36-inches of sidewalk must be kept clear for pedestrian traffic. This distance provides enough room for handicap vehicles to pass.
Chairman LaBranche closed the public hearing at 7:10pm.
Councilor Kwaks asked how wide the sidewalks were.
Administrator Wojnowski explained the sidewalks tapered in width from five-feet to seventeen-feet.
Chairman LaBranche asked the Council to vote on this at the March Workshop.
The Town Council agreed.
Proclamation: American Red Cross – Great Bay Chapter
Chairman LaBranche read the proclamation, which reflects Newmarket’s proclamation of March 2010 being American Red Cross Month.
Motion: To adopt the Proclamation.
Motioned: Councilor Botterman
Seconded: Councilor Carr
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Public Forum – Non-Agenda Items Only
Ed Portyrata of Exeter Road explained he had felt harassed at the School Deliberative Session asking if the Town Council has anything to do with the School Budget. He noted the teachers are claiming they will not be receiving raises, but in his review of the budget teachers are receiving anywhere from $4,000 to $9,000 in increases. He explained the economy is hitting the seniors hard especially since there will be no increase in the Social Security checks. He explained he had honorably served this country in part to protect Americans’ freedom of speech.
Michael Ploski of 60 North Main Street noted following the windstorm there had been no power at the Town Hall or the schools for a period of time. A year ago the Town Council had instructed pricing to be obtained for a generator for this purpose. The community center is not large enough if a disaster like this occurs again. The school is bigger; it has kitchen facilities; it also has showers. He explained a generator at the school was imperative for emergency purposes. He also felt it was important to have a generator at the Town Hall because Channel 13 could be running emergency information to those residents who are lucky enough to have their own generators. In this situation, it could be a neighbor helping neighbor effort. The only disaster awareness slide he saw on Channel 13 was a broadcast there would be no school on Monday. Comcast rate payers are paying for Channel 13. He felt it was a past mistake of the Town Council to abolish the Channel 13 Committee. He has seen programs on how to make the perfect bloody Mary. He felt there is a lack of coordination on Channel 13 programming.
Councilor Botterman noted the previous Town Council had not had discussions on a generator at the Town Hall.
Councilor Kwaks noted the Town Council finally had received an RFP for the generator. Someone was supposed to discuss with the schools on whether this is a possibility.
Administrator Wojnowski explained the generator for the community center has been repaired. The Town Council had expressed their desire for a new generator and had asked for prices to be obtained. Prices were obtained but the Town Council had indicated more specific information would be necessary to be able to choose which generator best fit the needs of the Town. A more specific bid was drafted. Public Works Director Rick Malasky had suggested the best location for a generator would be the Junior/Senior High School because of the space, shower facilities and kitchen facilities. He has spoken with former Superintendent Mark LaRoach and School Board Chairperson Cliff Chase who agreed. At this point discussions are ongoing including how much of the school needs to be powered, what size generator would be needed and how best to implement this project. There are also investigations ongoing about cogeneration at the Elementary School.
Councilor Kwaks noted she had provided information about a generator company in Barrington who could provide the information needed. She felt it was a disservice to the town this project has not been completed.
Vice-Chairman Bergeron suggested making this a goal of the Town Council and to have reports made to the Council periodically in an effort to complete the project.
Chairman LaBranche closed the public hearing at 7:26pm.
Chairman LaBranche asked Emergency Management Director Candy Jarosz to discuss the storm events.
Emergency Management Director Candy Jarosz thanked the Town Council, town employees and Emergency Services personnel for their efforts during the past storm event. She has heard wonderful comments about the cooperation of the town. The Public Works Department was out working on roads, cutting down trees and pumping flooded cellars. The generator at the community center was running by 9:00am Friday morning. As a result of the storm, Newmarket was 100% without power for a period of time. There was no cable or phones available for communication. She thanked the citizens of Newmarket for their support in the neighbor helping neighbor aspect. She had asked for assistance through the Red Cross but they were only able to set up four shelters throughout the state; the closest one being in Rochester. Newmarket manned its own shelter, provided food and volunteers. The shelter was able to shut down yesterday. There was a lot of help from the Recreation Department and Club Chameleon. Emergency Services worked in conjunction with the school department to provide meals while the Community Church provided evening meals. There were residents who spent the night in the shelter. The Fire Department shuttled people to the shelter. She suggested there needs to be some way to communicate during an event like this. This was the first time the Town was without communication of any sort. She suggested in the future, residents can ride to the community center to see if it is open for shelter.
Chairman LaBranche again thanked everyone for their efforts and asked Candy Jarosz to create a list of supplies she anticipated needing to be prepared for a future event like this.
Emergency Management Director Candy Jarosz explained in the past the Red Cross has been able to help with cots, blankets, pillows and volunteers. She suggested purchasing these types of items but can be tricky due to sanitation requirements. She speaks with the State Emergency Management Coordinator often and noted the Governor had been in town as well.
Vice-Chairman Bergeron asked about funding for emergency preparedness.
Administrator Wojnowski explained setting aside funding for emergency preparedness is important because the Red Cross may not always be available to help as was shown in this situation.
Emergency Management Director Candy Jarosz explained there is a significant amount of paperwork that must be completed immediately in an effort to log all events, pictures and costs. This information must be documented in order to submit for public assistance. The Governor had declared a state of emergency. Federal funding may be available if the President declares as well. Public assistance available will be based on the extent of damages incurred. She would submit receipts for all expenses incurred as a result of the storm explaining if accepted, the government would provide 75% reimbursement, the state would provide 12.5% reimbursement and the town would be responsible for the remaining 12.5%.
Public Works Director and Fire Chief Rick Malasky explained 99% of Newmarket has power; those still without power should have power back tonight. He explained the drainage improvements made to the drainage system on Grant Road helped the flooding; the improvements handled the additional water from the storm. He noted the box culvert on Grant Road does need to be looked at because it floods annually. Roads are in good shape aside from the debris. The Public Works Department crews are still working on taking trees down. PSNH and Asplundh helped take care of several trees. He has located a place in Brentwood that will take large debris for no cost; the only cost the Town would incur is the cost of trucking the material there. The transfer station will remain open as usual, but it cannot accept any debris over five-inches in diameter. The Creighton Street Bridge was damaged. He noted the storm recorded 99 miles per hour winds with sustained winds being recorded at 50 miles per hour. There were four mutual aid calls. The Fire Department checked on residents as much as possible; generators were loaned and cellars pumped. The department purchased three small generators. This cost would be included in the expenses submitted for reimbursement. There were over 250 service calls since the storm. The debris removal will take weeks to complete. He explained the Town is unable to remove trees in residents’ yards. He explained it is important to discuss putting bunk rooms, showers and locker rooms in the Fire Department because emergency situations like these seem to be happening annually. Six-inches of rain was recorded for this storm.
Councilor Kwaks asked if there were any problems at the damn.
Public Works Director Rick Malasky explained there are parts that were loosened; clean up will be needed.
Councilor Kwaks asked if the residents on Mastin Drive have been affected with flooding due to the trees that have been down for over a year.
Vice-Chairman Bergeron asked for a record of tree removal expenses to be kept so he could use that information as part of the Tree City USA requirements.
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1. Fire Department Report on Insurance Coverage for all Fire Vehicles
Administrator Wojnowski explained the Town has extended coverage on vehicles. He explained the new coverage ensures the Property Liability Trust (PLT) will replace eligible fire engines or eligible ambulances with a new fire engine or ambulance of the same type as the eligible fire engine or eligible ambulance stolen or totally destroyed.
Chairman LaBranche asked if the same kind of coverage is provided for Public Works and Police Department vehicles.
Administrator Wojnowski explained this policy only covered fire apparatus.
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2. Replacement Costs and Years to Replace Town Vehicles
Public Works Director Rick Malasky referenced a spreadsheet he had drafted showing estimated savings plans for the four vehicle replacements. The spreadsheet showed appropriations through 2030, including replacement years and vehicles to be replaced.
Councilor Botterman stated he would like to see actual costs for replacement years.
Public Works Director RickMalasky explained there is typically a 3% annual increase but mandates can throw that estimation off balance.
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3. Capital Improvement Plan – Disbursements
Chairman LaBranche explained the informational sheet provided should answer most of the Town Council’s questions. This will be discussed further at the next meeting.
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4. Presentation of Petitions and Resolutions and Disposal Thereof by Reference, or Otherwise:
a. Resolution #2009/2010-30 New Village Funding
Water and Sewer Superintendent Sean Greig explained this resolution provides a breakdown of how the New Village project will be funded. He spoke to the inspectors and determined this part of the contract could be contracted out to save money. A qualified engineer must be used for the construction administration; Stantec has been hired for this part of the project. The contract is written for time and materials based on worst case scenarios. The cost is about $80,000 less than what was expected. If someone else is chosen for the inspection part of the project, those expenses would not be eligible under the ARRA funding. The state had felt someone would need to be on site full time for this project. The project was bid tightly with not a lot of room for contingency.
Councilor Botterman was thankful for the information because it answered a lot of questions he had. He noted there is still nothing in writing from the state indicating the need for someone available full time to oversee the project.
Water and Sewer Superintendent Sean Greig explained this project will be audited because it is part of ARRA funding. Stantec will be on the hook for that as they are doing the project.
Councilor Kwaks referenced a letter from an elderly citizen noting the meters they have put on their outside spigots would be discontinued. She noted these spigots were not charge sewer fees because they were used outside.
Water and Sewer Superintendent Sean Greig explained because of the house meter project the outside meters cannot be read. This program stopped several years ago; those who had the meters could keep them and continue using them at that point. The homeowner had incurred the full cost of these meters. The new meters will not be able to read the outside meters, and therefore they will be eliminated. There are approximately 20 to 25 people who still have these meters.
b. Resolution #2009/2010-31 New Fire Truck
This agenda item was not discussed.
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5. Town Council to Consider Nominations, Appointments and Elections
a. Energy Committee – Philip Bourne
Motion: To appoint Philip Bourne to the Energy Committee for the term expiring May 2011.
Motioned: Councilor Botterman
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Councilor Dickens noted the committee is at full membership now and the next meeting is scheduled for next Wednesday.
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6. Adoption of Vacation Leave Policy
Councilor Dickens asked if the policy included reference to employees being able to take multiple weeks of vacation at one time.
Administrator Wojnowski noted there is nothing in the vacation policy referencing this issue.
Councilor Dickens asked if this should be considered. He understood a town employee just took a few weeks of vacation and asked if that handicaps the town.
Administrator Wojnowski explained there were several other communities that helped out in this employee’s absence.
Motion: To adopt the vacation leave policy as drafted.
Motioned: Councilor Minutelli
Seconded: Councilor Botterman
Councilor Botterman noted the Town Administrator must assess and approve all vacation leave requests.
Chairman LaBranche agreed stating the Town Council assessed and approved the Town Administrator’s vacation leave requests.
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
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7. Town Council Action on RSA 79-E
Motion: To approve and adopt RSA 79-E.
Motioned: Vice-Chairman Bergeron
Seconded: Councilor Dickens
Councilor Minutelli asked if the motion should reference the specific district.
Vice-Chairman Bergeron amended his motion to include the district would be the Newmarket Downtown Industrial District.
Councilor Dickens seconded the amendment.
Councilor Kwaks asked if the boundaries for this district have been identified.
Councilor Minutelli noted the Town Council had approved the historic district boundaries in November 2008.
Councilor Kwaks asked what is considered downtown. She explained the vote in November 2008 determined the historic downtown, not simply the downtown area.
Chairman LaBranche explained there has been a lot of discussion including discussions with legal counsel in non-meeting forums on this subject. If there is anything before the Town Council within the next year, there will be at least five Town Councilors who were present during these discussions that will partake in any decision needing to be made in reference to RSA 79-E.
Vote: 4-3 Motion carries
Councilor Carr Nay
Councilor Minutelli Aye
Councilor Botterman Nay
Councilor Kwaks Nay
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
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8. Adoption and Recommendation of Warrant Articles
Administrator Wojnowski explained the Town Council needed to vote whether to recommend articles 2, 3, 4, 7, 8, 9, and 10.
Vice-Chairman Bergeron asked if it would be possible to provide a more in-depth explanation of the warrant articles for people prior to voting day.
Administrator Wojnowski explained that is possible. The warrant articles have to legally be written a certain way, but information can be provided ahead of voting.
Chairman LaBranche suggested this could be a good topic for “Ask the Administrator.”
Article 2 – Bond for field testing for the artificial recharge of the Newmarket Plains Aquifer utilizing Federal Stimulus Funding
To see if the Town will vote to raise and appropriate the sum of $650,500 (gross budget) for the purpose of field testing for the artificial recharge of the Newmarket Plains Aquifer under the Federal Stimulus Package Program and will qualify the Town for federal funds in the form of 50% principal and interest forgiveness. Such sums to be raised by the issuance of Serial Bonds or Notes not to exceed $650,500 under, and in compliance with, the provisions of the Municipal Finance Act (NH RSA 33:1 et seq., as amended) and to authorize the Town Council to issue and negotiate such bonds or notes and to determine the rate of interest thereon. Further to take such other actions as may be necessary to effect the issuance, negotiation, sale and delivery of such bonds or notes as shall be in the best interest of the Town of Newmarket, NH. Additionally, to participate in the State Revolving Fund (SRF) RSA 486:14 established for this purpose and to allow the Town Council to expend such monies as become available from the Federal and State Governments and pass any votes relating thereto. This appropriation is contingent upon the receipt of American Recovery and Reinvestment Act 2009 Federal Stimulus Funding.
Vice-Chairman Bergeron felt this was one of the areas additional explanations could be beneficial.
Administrator Wojnowski explained this article lost by six votes at the Special Meeting. The state considers this a “green project” which means there may be additional ARA funding available from the federal government. This is basically a water treatment plant in the ground. The water will be filtered naturally. This would allow the Town to move forward with testing to determine the viability of using this in the future.
Chairman LaBranche agreed stating this would allow the town to have the permits in place so this project can move forward in the future if needed.
Councilor Kwaks noted there is 50% payback with this project. She noted Leo Filion had felt obtaining the necessary easements would be a lengthy process.
Motion: To recommend Article 2 as written.
Motioned: Councilor Botterman
Seconded: Councilor Dickens
Vote: 6-1 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Nay
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Article 3 – Operating Budget
To see if the Town will vote to raise and appropriate as a gross 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 for therein, totaling $9,540,628. Should this article be defeated, the operating budget shall be $9,677,236, which is the same as last year, with certain adjustments required by previous action of the Town of Newmarket, or by law, or the Town Council may hold one (1) special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised budget only.
Motion: To recommend Article 3 as written.
Motioned: Councilor Minutelli
Seconded: Vice-Chairman Bergeron
Vote: 6-1 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Article 4 – Multiple Year Police Department Collective Bargaining Agreement
To see if the Town will vote to approve the cost items included in the collective bargaining agreement reached between the Town Council and the International Brotherhood of Teamsters, Local 633, which calls for the following increases in salaries and benefits at the current staffing levels:
Year Estimated Increase
FY 2010-2011 $52,383
FY 2011-2012 $54,029
And further to raise and appropriate the sum of $52,383 for the current fiscal year, such sum representing the additional costs attributable to the increase in salaries and benefits required by the new agreement over those that would be paid at current staffing levels in accordance with the most recent collective bargaining agreement.
Motion: To recommend Article 4 as written.
Motioned: Councilor Botterman
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Article 6 – Change the Purpose of Downtown Redevelopment Capital Reserve Account
To see if the Town will vote to change the purpose of the Downtown Redevelopment Capital Reserve Fund, established May 12, 1998, to the Town Clock Repair and Maintenance Capital Reserve Fund.
Motion: To recommend Article 6 as written.
Motioned: Councilor Botterman
Seconded: Vice-Chairman Bergeron
Administrator Wojnowski explained there is approximately $39,000 in the account currently.
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Article 7 – Discontinue the Ladder Fire Truck Capital Reserve Fund
To see if the Town will vote to discontinue the Ladder Fire Truck Capital Reserve Fund created in May 2005. Said funds, with accumulated interest to date of withdrawal, are to be transferred to the Fire Truck Capital Reserve Fund created in May 1992.
Motion: To recommend Article 7 as written.
Motioned: Vice-Chairman Bergeron
Seconded: Councilor Botterman
Vote: 6-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Abstain
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Councilor Dickens explained he abstained from voting because he is a volunteer member of the Newmarket Fire Department.
Article 8 – Revise the Purpose of the Fire Truck Capital Reserve Fun
To see if the Town will vote to change the purpose of the Fire Truck Capital Reserve Fund, established May 1992, to include the future replacement of a ladder truck.
Motion: To recommend Article 8 as written.
Motioned: Vice-Chairman Bergeron
Seconded: Councilor Minutelli
The Town Council discussed the repurposing. This will allow for the purchase of a combination vehicle.
Vote: 6-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Abstain
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Councilor Dickens explained he abstained from voting because he is a volunteer member of the Newmarket Fire Department.
Article 9 – Municipally Manage Bicycle Path on NH Route 108 for NH DOT
To see if the Town will vote to raise and appropriate the sum of $809,292 and to municipally manage a New Hampshire Department of Transportation project to construct bicycle shoulders along the North and South bound lanes of NH Route 108 in the Town of Newmarket from the Irving Gas Station to the Newmarket/Newfields town line. The NH DOT will provide funding under the Congestion Mitigation and Air Quality Improvement Programs in the amount of $809,292 for this project. This project is conditioned and subject upon the receipt of funds from the NH DOT.
Administrator Wojnowski explained this bicycle path would go from the Irving Station on Route 108 to the Newfields town line. The State DOT has the funding for the project. The Town would municipally manage the project. This will not affect the tax rate as funds raised will be offset by funds received by the state. If for some reason funds do not come through from the state the project will not move forward.
Motion: To recommend Article 9 as written.
Motioned: Councilor Botterman
Seconded: Councilor Dickens
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
Article 10 – Appropriate Funds from Surplus to Cable Television Station Capital Reserve Fund
To see if the Town will vote to raise and appropriate the sum of $70,000 to be added to the Newmarket Cable Television Station Capital Reserve Fund previously established. This sum to come from the general fund balance and no amount to be raised from taxation.
Administrator Wojnowskiexplained these funds would be used to purchase Channel 13 equipment.
Motion: To recommend Article 10 as written.
Motioned: Vice-Chairman Bergeron
Seconded: Councilor Botterman
Vote: 7-0 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Aye
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
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9. Old Business
Vice-Chairman Bergeron asked about the status on the grant for the pedestrian sky bridge.
Administrator Wojnowski explained the Town’s presentation to the State will be on March 26th.
Vice-ChairmanBergeron asked if the Town Council could make working with Emergency Management Director Candy Jarosz on the generator for the school a priority.
The Town Council agreed.
Councilor Kwaks suggested looking into a generator for the Town Hall as well. The marquis could be used as a communication tool for residents.
Councilor Botterman felt specifications for the generator for the school would be beyond the expertise and knowledge of current town employees and suggested getting quotes on this project.
Vice-Chairman Bergeron noted the Town needed a clear understanding of what would be expected from the school building during an emergency.
Councilor Dickens noted an electrician would be needed because the wiring at the school can be difficult to understand.
Vice-Chairman Bergeron noted he lives on Packers Falls Road near the treatment plant and noted the roof of the building is in poor shape. He asked what the ultimate goal of this building was.
Administrator Wojnowski explained this building has been used as a laboratory for water and equipment relative to monitoring the wells. The goal is eventually to transfer the equipment to the new wastewater treatment plant, but there is not room to do it at the current treatment plant. He noted he would look into roof repairs and would recommend a metal roof for replacement.
Councilor Botterman noted the school district has spent a lot of money on a consultant. He suggested asking the consultant, who would be very familiar with the school buildings and electrical components to help with the specifications of the generator.
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10. New Business
Councilor Botterman noted he has been receiving phone calls about opening the dump during the week. He asked if it would be possible to accept debris larger than five-inches and to dispose of these items in Brentwood.
Administrator Wojnowski noted he would speak with Public Works Director Rick Malasky. He would also ask whether residents can bring their debris directly to Brentwood. He noted debris removal and disposal is a big issue and is being discussed throughout the state.
Councilor Dickens noted it had come to his attention a Councilor had called legal counsel directly even though there is a policy that no individual Councilor can call legal counsel without the consent from the Town Council. He noted the discussions to legal counsel had centered on a non-public agenda item and felt the non-public rules had also been violated.
Councilor Kwaks noted she had contacted the Local Government Center relative to policy concerns.
Chairman LaBranche asked whether the Local Government Center was contacted or Upton & Hatfield were contacted.
Councilor Kwaks noted she was unsure whether she had contacted both. She had concerns with the steps being taken in non-public and had wanted to know what the recourse was to get advice.
Councilor Botterman suggested reaffirming Town Councilors are not allowed to call legal counsel without going through the proper channels.
Vice-Chairman Bergeron questioned Councilor Kwaks representation of the Town budget to the Budget Committee feeling it was more appropriate to present what the Town Council had moved forward then for personal feelings and opinions to outweigh the discussions of the Council. He was concerned Councilor Kwaks was representing to the Budget Committee the Council is not working together as a team and was not being fiscally responsible with the budget the Council voted to present to the Budget Committee. He agreed Councilor Kwaks had the right to voice her own opinions, but felt as Council representative to the Budget Committee, the Council’s views and discussions should be represented.
Councilor Kwaks noted as a member of the Budget Committee, her responsibility is to the residents of Newmarket. She felt it was important for her opinions to be heard and for her concerns to be raised. She felt the Town was spending too much money in certain areas like raises and additional staff. She did not feel the Town Council was working as a cohesive unit and did not feel part of a team.
Councilor Kwaks noted there have been a few people who have voiced concerns over the elderly housing facility off Route 152. There are many residents in the facility who have special needs including feeding tubes. The power outage had left them without heat and without electricity.
Chairman LaBranche noted Route 152 was given top priority on Sunday by the Town emergency personnel. He was disappointed to see no less than seven trucks working in other parts of the town instead.
Councilor Dickens noted the Fire Department had done a welfare check at the facility. He noted although the situation was a sad one, these concerns need to be brought up with the management of the facility. The maintenance personnel had Fire Chief Rick Malasky’s cell phone number in case residents needed to be transported to the shelter.
Administrator Wojnowski noted Emergency Management Director Candy Jarosz, Police Chief Kevin Cyr and Fire Chief Rick Malasky had discussed priorities. It was discovered there are four main lines that feed into Newmarket. A meeting will be set up with PSNH on how the town is fed and from what portion of the grid. This meeting will also include how to concentrate efforts to better enhance emergency preparedness.
Councilor Botterman suggested obtaining a list of utility companies and tree companies who provided service during the storm and to send thank you notes to these companies.
Resolution #2009/2010-32 Between the Newmarket Town Council and Shearwater Investment, Inc Regarding the Construction of a Railroad Crossing to Access the Black Bear TIF, Industrial Park
Chairman LaBranche read the resolution.
Motion: To approve Resolution #2009/2010-32 Between the Newmarket Town Council and Shearwater Investment, Inc Regarding the Construction of a Railroad Crossing to Access the Black Bear TIF, Industrial Park
Motioned: Councilor Minutelli
Seconded: Vice-Chairman Bergeron
Councilor Kwaks asked for this to go before the Black Bear TIF Committee before being voted on by the Town Council. She felt the Black Bear TIF Committee deserves the courtesy and respect of being able to discuss this before it is voted on. She did not like the way this was being done. The Black Bear TIF Committee had discovered Shearwater was responsible for building the crossing; she asked that the Black Bear TIF Committee not be disregarded. She asked if this document would void the original agreements.
Chairman LaBranche explained this document has been reviewed by legal counsel.
Administrator Wojnowski explained this would not void the original agreements from 1980 and 1988.
Chairman LaBranche explained this is not a contract. This is work to be done between the Town of Newmarket and the developer referencing the following agreement. This would help get access to the Black Bear TIF. This would show the Town of Newmarket supports the crossing.
Councilor Botterman supported this document and felt it was important to have a member of the Black Bear TIF Committee included in the discussions. It was in the Town’s best interest to be involved in the discussions between Shearwater Investments and the railroad.
Vote: 6-1 Motion carries
Councilor Carr Aye
Councilor Minutelli Aye
Councilor Botterman Aye
Councilor Kwaks Nay
Councilor Dickens Aye
Vice-Chairman Bergeron Aye
Chairman LaBranche Aye
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11. Town Administrator’s Report
Administrator Wojnowski explained there is repair work ongoing on the roof of the Historical Society Museum. The Trust would cover the emergency repair expenses. He explained the Budget Committee Public Hearing is scheduled for March 16th in the Town Hall auditorium. Voting on the School budget and warrant articles is next Tuesday, March 9th from 7:00am until 8:00pm. The last date for petitioned warrant articles is Tuesday, March 9th. A settlement agreement has been reached between the Town and Goldstar relative to the downtown trees.
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