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TOWN OF NEWMARKET
TOWN COUNCIL WORKSHOP
JANUARY 18, 2012
PRESENT:
Council Chairman Michael La Branche
Council Vice Chairman Eric Botterman
Councilor Jim Bergeron
Councilor Phil Nazzaro
Councilor Gary Levy
Councilor John Bentley
Councilor Al Zink (arrived during discussion of agenda item 4 at 8:34 p.m.)
Town Administrator Ed Wojnowski
Council Chairman La Branche opened the meeting at 7:03 p.m. The Pledge of Allegiance followed.
Council Vice Chairman Botterman moved to seal the minutes of the January 18, 2012 second non-public session, RSA 91-a 3, II (e). Councilor Bergeron seconded. Town Administrator Wojnowski polled council members. The motion carried 6-0, with Councilor Zink not present.
Council Vice Chairman Botterman moved to approve the minutes of December 21, 2011. Councilor Bentley seconded. Town Administrator Wojnowski polled council members. The motion carried 6-0, with Councilor Zink not present.
Council Vice Chairman Botterman moved to approve the minutes of January 11, 2012. Councilor Bentley seconded. Town Administrator Wojnowski polled the council members. The motion carried 6-0, with Councilor Zink not present.
TOWN ADMINISTRATOR’S REPORT
The town budget committee will meet on January 26 to make its final recommendations.
The town budget deliberative session will be held on Tuesday, February 7 at 7:00 p.m.
Town Administrator Wojnowski suggested that local state legislators be asked to attend a February meeting to discuss proposed legislation having a direct effect on Newmarket. Three items mentioned were abolishing the pole tax, ending the requirement for dog licensing, and compensation for rehiring town retirees.
Finance Director position: It was suggested that the position be posted after the deliberative session, and that Matt Angell and Town Clerk Benvenuti be included in the Search Committee.
Newfields Bridge: A meeting needs to be set up to discuss progress. Councilor Levy had questioned at the December 21st meeting whether the DOT estimate of $894,000 would be sufficient to sustain more traffic than the present bridge. Town Administrator Wojnowski read a statement from the DOT: the bridge would be two lanes and 27’ wide. Councilor Levy restated his questioning of the adequacy of the proposed bridge at the DOT estimate. Town Administrator Wojnowski read further that the present bridge is just over 18’ wide.
Council Vice Chairman Botterman mentioned a citizen complaint about down town plowing and sidewalk access. Public Works Director, Rick Malasky, said that the town usually waits until 6” of snow are on the ground in this area.
1. Review of Out Sourcing of Vehicle Maintenance
Matt Angell’s cost savings memo was discussed. Council Chairman LaBranche questioned the terms of the agreement with Auto Excellence. Rick Malasky reported that it is a month to month
agreement. Council Vice Chairman Botterman asked about the condition of the vehicles. Frank, from Auto Excellence mentioned some condition issues and listed four vehicles that will need to be replaced. These vehicles are scheduled for replacement. He suggested that the Town Council prepare a schedule for on-going vehicle replacement.
2. REVIEW OF APPLICANTS AND APPOINTMENT TO TOWN ADMINISTRATOR
SEARCH COMMITTEE
Council Chairman LaBranche stated that the overall size of the committee had to be determined.
He also suggested that the Chairman of the School Committee be included. There was some discussion as to the size and make-up of the committee. Amy Thompson and John Badger expressed an interest in serving on the committee. At 7:46 the Council decided to table this item until Councilor Zink arrived.
8. DISCUSSION: USE OF OPEN SPACE BOND FOR SCHOOL DISTRICT LAND PURCHASE
It was agreed, at Council Chairman LaBranche’s suggestion, that should the vote on this item be tied, it would be revisited upon Councilor Zink’s arrival.
Councilor Bergeron read the motion from the Conservation Committee: that remaining open space funds ($380,000) be used to purchase U401, the Carpenter property, for public use, removing it from residential use to stabilize and reduce the operating costs to the town. Superintendent of Schools Jim Hayes had provided Valerie Shelton with information on the cost impact of adding 18 houses: the estimated cost per pupil is $13,000 versus the average tax bill of $7,000. The property could be designated for any public use, not necessarily a school. Councilor Bergeron reported that the Conservation Committee had passed the resolution by a vote of 5 -2.
Council Vice Chairman Botterman noted that the Council vote to spend school funds to purchase the property would still require a vote by the townspeople. Councilor Bentley expressed his support for the warrant article, as this would allow the townspeople their say. He discussed the impact of reduced tax revenue to the town, and the implications if the town turns down the request for a new school.
Councilor Levy asked for a clarification of funding for the warrant article. He noted that the school intended to purchase the property for the site of a future school. Superintendent of Schools Jim Hayes noted that the school’s CIP fund had a little more than $1.1 million, enough to purchase the property, but that only the townspeople can vote to expend the school’s CIP funds. The Council has the authority to spend the $380,000. Should the townspeople vote to not allocate the funds, the funds would remain with the Open Space Committee.
Councilor Nazzaro stated that any Council vote would not release funds, but would be to put the issue before the townspeople. Jim Hayes said that the warrant article would allow that the land be purchased for open space. Any further use of the land would require another warrant article. There is a warrant article to allocate $150,000 for planning and design of a new school. Councilor Nazaro stressed the importance of the Council voting to send this release of funds to the townspeople. Jim Hayes stated that the open space money would be necessary for any development of the land. Councilor Bergeron stated that he was in favor of the article, in part because of its convenient location. Council Levy wondered how recently the property had been appraised, and if the appraisal was less than the asking price. The property had been appraised within 6 months, and was less than the price. Council Chairman LaBranche also cited the convenient location in terms of future cost savings to the town.
Vice Chairman Botterman moved to authorize the balance in the open space account, $381,073 be allowed to be put on the warrant to purchase the Carpenter and surrounding properties,
understanding that the potential for school expansion is in standing with the original warrant article that was approved. Councilor Bergeron seconded the motion. Town Administrator Wojnowski polled the Council.
Ayes: Council Chairman LaBranche, Council Vice Chairman Botterman, Councilor Bergeron, Councilor Nazzaro, Councilor Bentley
Nays: Councilor Levy Absent: Councilor Zink
The motion carried by a vote of 5 -1.
3. Discussion of Pavement Management Program
Rick Malasky estimated that a study to determine road conditions and schedule repairs and maintenance would be $30,000 to $34,000. He referred to information supplied to Newmarket from Exeter concerning its program. Discussion centered on the need to establish an on-going program and the benefits of having the study done by a professional company. Town Administrator Wojnowski was asked if the town could still utilize the UNH program at no cost. He will approach UNH, and the Council will discuss this item again when further information is available.
4. DISCUSSION ON IMPACT FEES: to determine a recommendation to the Planning Board should the Council wish to continue to retain an ongoing Impact Fee Ordinance or to take action to rescind the ordinance currently in place.
Following a study that recommended rescinding the Impact Fee Ordinance Fee, the Planning Board asked that this item be brought to the Council. Town Administrator Wojnowski suggested that this be considered a moratorium with the possibility of reinstating the fees in the future. Impact fees are levied for specific development that must be done within a 6 year period.
Council Vice Chairman Botterman mentioned the risk of returning collected fees if their documentation and tracking are not correct. Matt Angell will be asked to look into accounting methods for administrating these fees. Council Vice Chairman Botterman stated that a water and sewer development charge is legally cleaner, gives more flexibility, and is easier to administer than an impact fee. Town Administrator Wojnowski said that there needs to be clarity as to when collected fees can be apportioned or returned.
Councilor Bergeron moved to suspend the impact fee ordinance until such time as it makes to the community to reinstate it. Councilor Nazzaro seconded.
Discussion: Councilor Bentley wanted to have a quantitative study concerning the financial considerations of suspending the fee. Councilor Levy felt the fee should remain in effect, as it could be waived, while the Council revamped it. Councilor Nazzaro clarified that the Planning Board was in favor of suspending the school and public services impact fees. Council members how much time it would take to unsuspend the ordinance. Council Chairman said that the Council could reinstate the ordinance. Council members wanted more information from Matt Angell about administrating the fees. Planning Board Chairman John Badger presented the concern that the taxpayers were exposed if the fees were not administrated correctly. Compliance with current RSA’s was a concern. Councilman Nazzaro wanted further information on the difference between the system development charges and the impact fees. Councilor Bergeron said the intent was to suspend the impact fee so that it could be repaired.
Town Administrator Wojnowski asked to bring the resolution forward. He polled the Council.
Ayes: Council Chairman LaBranche, Councilor Jim Bergeron, Councilor Nazzaro
Nays: Council Vice Chairman Botterman, Councilor Bentley, Councilor Levy
Abstaining: Councilor Zink (not present during discussion)
The motion was defeated: 3 – 3.
2. REVIEW OF APPLICANTS AND APPOINTMENT TO TOWN ADMINISTRATOR SEARCH COMMITTEE (Discussion revisited)
Council Chairman LaBranche referred to the earlier discussion about the size and composition of the committee. There were proposals for either 9 or 11 committee members. Definite members included: Town Clerk Benvenuti, Chief of Police Kevin Cyr, a school committee member and Todd Selig of Durham, as a non-voting member. The Council discussed, in addition to the 3 voting members, how many members of the Council and how many from the public would be included.
Council Vice Chairman Botterman made a motion that the committee includes: 5 members at large, 1 school board member, Town Clerk Benvenuti, Police Chief Cyr, (2 employees) and 3 Council members for a total of 11, with Todd Selig as a non-voting member. Councilor Levy seconded. There was some discussion.
Town Administrator Wojnowski polled the members.
Ayes: Council Vice Chairman Botterman, Councilor Levy
Nays: Council Chairman LaBranche, Councilor Bergeron, Councilor Zink, Councilor Nazzaro, Councilor Bentley
The motion failed 2 – 5.
Councilor Bentley moved that the committee consist of 4 members at large, 1 school board member, 2 Councilors, and the 2 employees named above for a total of 9, with Todd Selig as a non-voting member. Councilor Bergeron seconded the motion. Councilor Zink moved to amend the motion to add a non-resident. Councilor Bergeron seconded the amendment.
Town Administrator Wojnowski called the vote for the amended motion.
Ayes: Council Chairman LaBranche, Councilor Bentley, Councilor Zink, Councilor Bergeron
Nays: Council Vice Chairman Botterman, Councilor Levy, Councilor Nazzaro
The motion carried 4 -3.
Councilors nominated applicants for the Search Committee.
Charlie Smart: nominated by Councilor Bentley
Forrest Ransdell nominated by Council Vice Chairman Botterman
Judith Bielecki nominated by Councilor Zink
Amy Thompson nominated by Councilor Bentley
Robert Bastani nominated by Councilor Nazzaro
John Badger nominated by Councilor Bergeron
Dana Glennon nominated by Councilor Bentley
Brett Johnson nominated by Council Vive Chairman Botterman
Robert Ortins nominated by Councilor Bergeron
Shawn O’Shaughnessy nominated by Councilor Bentley
Dan Wright nominated by Council Vice Chairman Botterman
It was pointed out that those with the highest votes from the Council would be named to the committee, with the possibility of more than one ballot. Council members restricted their “Aye” votes to the number of openings available.
Town Administrator Wojnowski called the vote.
Charlie Smart:
Ayes- Council Chairman La Branche Nays- Councilor Zink 3 Councilor Bentley 3 Councilor Nazzaro
Councilor Bergeron Council V.C. Botterman
Abstaining – Councilor Levy (not enough information)
Forrest Ransdell:
Ayes- Councilor Bergeron Nays - Councilor Bentley
4 Councilor Zink 2 Councilor Nazzaro
Council Vice Chairman Botterman
Council Chairman LaBranche
Abstaining- Councilor Levy (not enough information)
1
Judith Bielecki:
Ayes- Councilor Nazzaro Nays- Councilor Bentley
2 Council Chair LaBranche 4 Councilor Bergeron
Councilor Zink
Council V.C. Botterman
Abstaining - Councilor Levy (not enough information)
1
Amy Thompson:
Ayes- Councilor Levy Nays- Council Chair LaBranche
6 Councilor Bentley 1
Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council Vice Chair Botterman
Robert Bastani:
Ayes- Councilor Levy Nays- Councilor Bentley
2 Councilor Nazzaro 5 Councilor Bergeron
Councilor Zink
Council V.C. Botterman
Council Chair LaBranche
John Badger:
Ayes- Councilor Levy Nays-
7 Councilor Bentley 0
Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Council Chair LaBranche
Dana Glennon:
Ayes Nays- Councilor Levy
0 7 Councilor Bentley
Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Council Chair LaBranche
Brett Johnson:
Ayes- Councilor Bentley Nays- Councilor Bergeron
3 Councilor Zink 3 Councilor Nazzaro
Council V.C. Botterman Council Chair LaBranche
Abstaining- Councilor Levy (not enough information)
1
Robert Ortins:
Ayes- Nays- Councilor Bentley
0 6 Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Council Chair LaBranche
Abstaining – Councilor Levy (not enough information)
1
Shawn O’ Shaughnessy:
Ayes- Councilor Levy Nays- Councilor Bentley
1 6 Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Council Chair LaBranche
Dan Wright:
Ayes- Councilor Levy Nays- Councilor Bentley
1 6 Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Council Chair LaBranche
Council Chairman LaBranche announced that John Badger, Amy Thompson and Forrest Ransdell were named to the Search Committee. The fourth member at large would be chosen in a run-off between tied applicants Charlie Smart and Brett Johnson.
Town Administrator Wojnowski polled the Council members.
Charlie Smart:
Ayes- Councilor Bentley Nays- Councilor Bergeron
2 Council Chair LaBranche 4 Councilor Zink
Councilor Nazzaro
Council V.C. Botterman
Abstaining – Councilor Levy (not enough information)
1
Brett Johnson:
Ayes- Councilor Bergeron Nays- Councilor Bentley
4 Councilor Zink 2 Council Chair LaBranche
Councilor Nazzaro
Council V.C. Botterman
Abstaining – Councilor Levy (not enough information)
1
Council Chairman LaBranche announced that Brett Johnson would be the fourth committee member at large. He and other Council members thanked all who had applied, and encouraged them along with other townspeople to become involved in town opportunities.
Council Chairman LaBranche opened the nominations for Council appointments to the Search Committee. The total of 4 nominations was reduced to 3, when Councilor Bentley withdrew after being nominated by Councilor Zink.
Council Vice Chair Botterman moved to appoint Councilor Levy to the Search Committee.
Councilor Bentley moved to appoint Councilor Nazarro to the Search Committee.
Councilor Bentley moved to appoint Council Chairman LaBranche to the Search Committee.
Councilor Levy:
Ayes- Councilor Levy Nays- Councilor Bentley
2 Council Vice Chair Botterman 5 Councilor Bergeron
Councilor Nazzaro
Councilor Zink
Council Chair LaBranche
Councilor Nazzaro:
Ayes- Councilor Bentley Nays-
7 Councilor Levy 0
Councilor Bergeron
Councilor Zink
Councilor Nazzaro
Council Vice Chair Botterman
Council Chair LaBranche
Council Chairman LaBranche:
Ayes- Councilor Bentley Nays- Council V.C. Botterman
5 Councilor Bergeron 1
Councilor Zink
Councilor Nazzaro
Council Chairman LaBranche
Abstaining- Councilor Levy (had placed two positive votes)
1
Councilor Nazzaro and Council Chairman LaBranche will serve as Council representatives to the Search Committee.
5. UPDATE ON FOX HOLLOW IMPROVEMENTS
Town Administrator Wojnowski reported discussing this with Diane Heidi and Attorney Justin Richardson. There is a possibility of legal action against the developer. Town Administrator Wojnowski was asked to have the town planner or the DPW contact residents for their input.
6. TIMETABLE FOR REVIEW OF UPDATES TO TOWN PERSONNEL POLICY
This will be tabled until after the March 21st Council elections.
7. COUNCIL RECOMMENDATIONS ON WARRANT ARTICLES
Any articles not recommended by the Council will be removed from the warrant ballot.
Article 2 (development of the MacIntosh Well) discussion: although some Councilors felt that the townspeople should have the opportunity to vote on this, the general consensus was that this could be brought forward in the future as the town already has rights to the property.
Article 3 (installation of a new 16” water main and electrical improvements) discussion centered on the advanced age and size of the existing pipe.
Article 4 (upgrade the wastewater treatment facility and Creighton Street pump station) discussion: Although some Councilors felt that this should be sent to the voters, the overall consensus was that at this time there was not enough concrete information on the project and that negotiations with the EPA were not complete.
Council Vice Chairman Botterman moved to approve Warrant Article 2 as written. Councilor Zink seconded.
Aye: Council Vice Chairman Botterman
Nays: Councilor Levy, Councilor Bentley, Councilor Bergeron, Councilor Zink, Councilor Nazzaro, Council Chairman LaBranche
Motion failed 1 – 6
Council Vice Chairman Botterman moved to approve Warrant Article 3 as written. Councilor Bergeron seconded.
Ayes: Councilor Bentley, Councilor Bergeron, Councilor Zink, Councilor
Nazzaro, Council Vice Chairman Botterman, Council Chairman
LaBranche
Nays: Councilor Levy
Motion carried 6 -1
Council Vice Chairman Botterman moved to approve Warrant Article 4 as written.
Councilor Bergeron seconded.
Ayes: Councilor Bentley, Council Vice Chairman Botterman
Nays: Councilor Levy, Councilor Bergeron, Councilor Zink, Councilor
Nazzaro, Council Chairman LaBranche
Motion failed 2 – 5
Article 5: Council Vice Chairman Botterman moved to approve the 2013 operating budget of $9,680, 043. Councilor Zink seconded.
Motion carried unanimously.
Article 6: (discontinue capital reserve funds) Council Vice Chairman Botterman moved to approve warrant article as written. Councilor Zink seconded,
Motion carried unanimously.
Article 7: (Black Bear TIF Reimbursement)
Discussion centered on whether the reimbursement had taken place or not. Auditor Frank Biron was cited as stating that this had taken place, but some felt that the accounting for the transfer was not clear. Council Vice Chairman Botterman stated that since this was not a budget item it could only appear as a non-budget warrant article.
Councilor Zink made a motion not to recommend Warrant Article 7. Councilor Bergeron seconded.
Ayes: Councilor Bentley, Councilor Bergeron, Councilor Zink, Councilor Nazzaro, Council Vice Chairman Botterman, Council Chairman LaBranche
Nay: Councilor Levy
The motion carried 6 – 1
Council Vice Chairman Botterman moved to extend the meeting beyond 10 p.m. Councilor Zink seconded. Motion carried unanimously.
9. REVIEW OF MINUTES FROM STANDING COMMITTEES AND COUNCIL REPRESENTATIVES
This was tabled until the next Council meeting.
10. OLD/NEW BUSINESS
Nothing was brought forward.
11. APPROVAL OF NON-PUBLIC MINUTES: 12/ 21/ 2011 #1 AND 12/ 21/ 2011 #2
Council Vice Chairman Botterman moved to approve the non-public minutes of 12/21/2011, #1, under RSA 91-a: 3, II(e). Councilor Bergeron seconded.
Motion carried unanimously.
Non-public minutes 12/21/2011 #2 will be discussed at a later time.
SEARCH COMMITTEE FOR SELECTING TOWN ADMINISTRATOR
Councilor Zinc stated that the committee should have information such as job description and requirements. He asked if the Council felt it should have professional assistance for the search. Two agencies were mentioned, MRI and LGC. Each will be asked to make a presentation immediately before opening the February 1, 2012 public meeting. Letters and a packet of information will be sent out to Search Committee members. Councilor Bentley reminded the Council that it still needed to find an “outside” member for the committee.
Councilor Levy moved to adjourn the meeting and Council Vice Chairman Botterman seconded.
Meeting adjourned at 10:38 p.m.
Respectfully submitted,
Ellen Adlington
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