Chairman Glennon called the meeting to order at 7:01pm. He explained that the Town Council is just getting back from a site walk on Water Street to look at proposed parking and sidewalks. The Town Council would not discuss this tonight, but would have an opportunity to review and reflect and would have this discussion at a later date.
Town Council to Consider Acceptance of Minutes
July 30, 2008 Special Meeting
Motion: To accept the minutes from the July 30, 2008 Special Meeting.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Vote: 7-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
August 6, 2008 Business Meeting
Motion: To accept the minutes from the August 6, 2008 Business Meeting.
Motioned: Councilor Ploski
Seconded: Councilor Bergeron
Vote: 7-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
August 6, 2008 Non-Public Minutes
Administrator Wojnowski noted these minutes are not available for approval tonight.
Chairman Glennon moved the approval of these minutes to the September Business Meeting.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
1. Public Session: Paul Schmidt, CMA Engineering – Transfer Station
Paul Schmidt from CMA Engineering explained that CMA Engineering had been retained by the Town over the last 15 years to resolve issues and close the landfill. There has been ongoing monitoring being done at the landfill. In the beginning of 2008 NH DES had issued a memo requiring that all landfills be tested for compounds not previously tested or measured. He gave a brief history of the landfill explaining that there had been significant industrial use as well as residential use. The landfill had stopped receiving waste during the 1980s. During the 1980s and 1990s waste had been characterized and ground water analysis had begun. It had been found that there were significant groundwater contaminants. A groundwater management zone program had been developed. The landfill was closed in 1995. The Town has been monitoring the groundwater and contaminant levels. The first sampling of the new compounds required by DES was in May 2008. It was found that there is a relatively high level of 1,4-dioxine. CMA has coordinated with Town staff and DES to evaluate the results and create a plan to address the issue. He showed a map of the area pointing out the landfill, Ash Swamp Road, Route 152 and the swamp lands. He discussed State standards and levels at which this compound has been found within this area. There has been no standard set for drinking water as of yet. He recommended a program that would monitor some of the homes located on Ash Swamp Road. 26 possible sample locations have been identified. Letters have been drafted to the residents of these 26 locations. Sampling has been tentatively scheduled for September 2nd and 3rd. He explained that the State is still evaluating this compound. The State is usually good about providing recommendations. He briefly discussed possible health risks.
Councilor Kwaks asked if the Town’s drinking water supply needed to be tested.
Administrator Wojnowski noted that the Town’s drinking water supply was on Route 152. This compound is prevalent within the landfill area.
Paul Schmidt agreed stating that this compound is specific to the landfill. The Town’s drinking water supply well would not be affected.
Councilor Bergeron asked how this can be mitigated.
Paul Schmidt answered that it is relatively difficult to remediate. There have been UV and Ozone treatment systems used.
Councilor LaBranche noted that since this is the first time this information is being brought to the Town Council and brought publicly, he felt it was important to point out that this is the first year that DES has required testing for this compound; the Town has not been lackadaisical in its testing.
Chairman Glennon asked about the estimated cost and who covers it.
Paul Schmidt discussed the cost estimates including testing for the 26 sites and additional testing in the fall.
Administrator Wojnowski noted that the Town would need to cover the cost. He would speak with United Technology about cost sharing.
Paul Schmidt noted that during the evaluations the Town had identified users of the industrial landfill including United Technology, Timberland and Kingston Corporation.
Administrator Wojnowski noted that the Town had budgeted for ongoing testing of this site. There had been no way of knowing there would be a major compound that would require extensive testing. The budget would need to be looked at closely for this additional cost.
Paul Schmidt noted that the contract had been for routine testing. This testing would be over and above the scope of that contract. Distinguishing a timeline would be difficult depending on the results.
Chairman Glennon asked who residents could contact with questions.
Paul Schmidt answered that residents could contact Public Works Director Rick Malasky. If there is a question Public Works Director Rick Malasky could not answer, residents could call him.
Councilor Ploski suggested including some information about the compound in the letter so residents could be informed.
Chairman Glennon asked for an update on this at the October Workshop.
Brian Cabana from the Environmental Department of United Technologies Company explained that United Technologies has had a long relationship with the Town. They have worked cooperatively together. They would continue to work with the Town to learn what the old agreements were relative to cost sharing.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
2. 7:30pm Public Hearing – Warrant for Special Town Meeting for DPW/Fire/Rescue Building
Special Town Meeting August 27, 2008 7:00pm Town Hall Auditorium
Chairman Glennon noted that there would be a Special Town Meeting on Wednesday, August 27, 2008 at 7:00pm in the Town Hall Auditorium.
Administrator Wojnowski noted that the polls would be open at least one hour after the discussion. It would take a 2/3 majority vote in order to pass.
Chairman Glennon noted that in 2004 the Town had approved a Warrant Article for bonding $1.6 million dollars to undertake renovation and reconstruction of the Macallen Building on Young’s Lane, now the Department of Public Works building. This building cost $1,941,980 to build. It had been discovered through the Finance Director, Town Administrator and Town Staff that although the residents had approved authority to bond, the posting had never occurred properly.
Administrator Wojnowski explained that in May 2004, the town voted for Warrant Article 3, to issue a $1.6 million dollar bond to undertake renovations to the Macallen building on Young’s Lane. The total cost expended for the construction was $1,941,980. The bond amount was $1.6 million dollars, for Fiscal Year 2004/2005 CIP Expense was $120,000 and the Resolution #2004-09 was for $221,980. The total expenses for acquisition, construction and supplies were $2,919,534. Rather than issuing the bond to finance the construction, the administration decided to “self fund the project to save interest”. Unbeknownst to the Town Councilors at the time, was the failure by the Administration to properly post and publish a notice for the public hearing on the bond. Because of this, the bond could not be issued. This could have been rectified if the administration had conversed with the Bond Counsel on this regard. The goal would then be for the town to “pay itself back” over the years by placing a $120,000 appropriation in the bond/notes line, which would lapse to surplus at years end. The bottom line was that the town utilized the fund balance, and probably, the general budget to finance the project. He discussed interest rates that would have been provided by the Municipal Bond Bank in June of 2004 for ten and twenty year terms; fifteen year terms had not been available then. He discussed the rates anticipated for the bond now. He reviewed the fund balance from 2001 through today explaining that there is less available in the fund balance to assist in reducing the tax rate. On average the Government Finance Officers Association (GFOA) recommends that a municipality retain, at a minimum, one month of operating expenses, or 8% of its fund balance, and not more than two months of operating expenses, or 16%. For Newmarket, two months of operating expenses is $1,781,062. By a positive vote in favor of “legalizing and ratifying the vote of 2004” it will put this community back on a positive footing. The combination of the bond sale and fund balance will provide us with a fund balance of $1,890,568. Having a fund balance that follows the guidelines of the GFOA ensures that the Town has sufficient funds available to operate in an emergency but also means that the Town will not have to borrow in anticipation of taxes. When a community is looking to bond for a project, lending institutions review prior year audits and the Town’s fund balance to determine the interest rate that may be set. In the coming weeks this Council will discuss how to reduce costs in all areas. He discussed unanticipated costs as well as several ideas the Town is taking to reduce costs. He asked residents for their presence and support to vote in favor of Warrant Article 1 next Wednesday, August 27 beginning at 7:00 p.m. in the Town Hall Auditorium.
Councilor Kwaks noted that if this article doesn’t pass with at least a 2/3 majority at the meeting it would not rescind the original authorization. She asked how failure of the article would restrict the Town.
Administrator Wojnowski explained that the fund balance would remain at $530,000; the Town would continue to try to build up the fund balance to an acceptable amount. Finance Director Don Parnell has put together a fund balance policy. Funds over the required two months of operating expenses within the fund balance would be used to reduce tax rates.
Councilor Kwaks asked if the Town could legally put $1.00 into each CIP item for this year in order to build up the General Fund.
Administrator Wojnowski noted that would set the Town back on their projects and would not help the fund balance. The fund balance is made up of unused budget appropriations and unanticipated revenues. The CIP program is used for long term savings for large projects. Putting $1.00 into each line item within the CIP would set the Town back on their projections. No CIP surplus is deposited into the fund balance.
Councilor LaBranche asked if the article should be read aloud as this is the Public Hearing.
Administrator Wojnowski noted that the Town had met the posting and noticing requirements. There is no need to read it out loud.
Councilor Ploski preferred to err on the side of caution and read the article aloud.
Vice-Chairman Carr asked if the vote needed to pass by 2/3 or 3/5 as read in the article.
Administrator Wojnowski corrected that the vote needed to pass by 3/5 majority. He added that there is information available on the website for residents.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
3. Correspondence from NCDC Regarding Purchase of Eagles Property
Arlon Chaffee explained that the NCDC, Town and the Eagles had entered into an agreement option for the Town to acquire the Eagles’ property in the event that the Eagles’ were able to find a suitable property but needed to lease the property back from the Town until they were able to move. After September 30, 2008 there is no contractual obligation to accommodate the Eagles’ as long as the Town acquires the property. He has approached the NCDC and the prospective developer who both support the ongoing lease of the property by the Eagles’ until such time the developer needs to access the property. In the mean time, the Eagles’ would be obligated to continue looking for property. In the original agreement, provisions had been provided for the Eagles to lease the property back; these terms would be emulated through a month-to-month lease with a sixty-day exit clause.
Chairman Glennon noted that the $369,000 purchase price expended would come back to the Town once the developer purchased the property. He asked the Council if they were comfortable with Administrator Wojnowski, Councilor LaBranche and himself to work with the NCDC on an agreement that would be brought back before the Council after legal review.
Councilor Kwaks asked how much there was left in the Downtown TIF Fund.
Administrator Wojnowski noted he would need to look at that. There are sufficient funds within the budget from the TIF for the purchase.
Arlon Chaffee agreed noting that the purchase of 1 Prescott Street, Riverdale and the Eagles building had all been incorporated into the budget.
Motion: To instruct the Town Administrator to move forward with the purchase of the Eagles building by September 30, 2008 for $369,000, funds coming from the Downtown TIF fund.
Motioned: Councilor LaBranche
Seconded: Vice-Chairman Carr
Discussion: Councilor Kwaks asked about the $25,000 the NCDC is supposed to contribute.
Arlon Chaffee noted that the net result to the Town would be a zero expense once all was said and done.
Vote: 7-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon asked the Council if they would allow him, Administrator Wojnowski, Councilor LaBranche and the NCDC in conjunction with the developer to work together on the lease agreement.
The Council agreed.
Councilor LaBranche noted that the public hearing for the warrant had never been opened.
Chairman Glennon noted that the hearing had not been opened formally, but he had asked for comments. There had been none between 7:50pm and 8:15pm.
Councilor Kwaks asked if on future agendas any agenda items pertaining to Project Coordinator Julie Glover and Public Works Director Rick Malasky be moved to the beginning of the agenda.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
4. Main Street Project Update: Fish and Game Boat Ramp Water Street – Julie Glover,Project Coordinator
Project Coordinator Julie Glover referenced the parking layout for the Spring Street parking lot done by Walker Parking a couple of years ago. She has highlighted the areas where Public Works Director Rick Malasky believes boat trailer parking can be accommodated. Fish and Game has expressed that they want ten to fifteen parking spaces. The Town and Fish and Game need resolution on the terms of the lease agreement. The Railroad parking lot and Water Street parking lot were considered but there was not enough room.
Councilor Bergeron asked if these designated spaces could be used by regular vehicles during the winter when there would be no need for boat trailer parking.
Project Coordinator Julie Glover answered that she would have to check with Fish and Game but didn’t see any reason that couldn’t work. She noted that Water Street and Spring Street needed 24 hour access; overnight parking could not be restricted. Signage would continue. She has not discussed with Fish and Game whether the parking spaces need to be paved. They would need to be marked somehow. She had a brief discussion with Dennis Abbott, Newmarket’s State Representative also on the Fish and Game Committee about the possibility of negotiating with the Fish and Game Director about the number of spaces required. She understood that Fish and Game needed this number of spaces to make their calculations work.
Councilor Bergeron asked if the number of spaces could be re-negotiated if it was determined that they were not being used.
Project Coordinator JulieGlover noted that she would need to speak to Fish and Game about that.
Councilor LaBranche noted that the Riverdale property had not been incorporated in the Walker Parking study; there could be additional spaces there.
Project Coordinator Julie Glover agreed stating that the Suflex lot had not been taken into consideration.
Chairman Glennon asked if Bay Road had been considered.
Project Coordinator Julie Glover noted that safe access needed to be provided; sidewalks would be necessary the entire way.
Councilor Kwaks asked how much has been spent on the boat ramp. She also asked who would be responsible for repairs and what kind of life expectancy could be anticipated.
Project Coordinator Julie Glover answered that she did not know the total cost of the boat ramp project. It would be Fish and Games responsibility to make the necessary repairs. There is a thirty-year proposed lease, which includes a clause that would allow the Town to make repairs if necessary.
Project Coordinator Julie Glover noted that the Main Street construction is going well. Severino is working in three different areas. The project is moving forward well with nothing to report at this time relative to budget or schedule changes.
Vice-Chairman Carr asked how the water main switch over went.
Project Coordinator JulieGlover explained that there had been no issues. It had taken all day. The water was turned back on at 4:45pm.
Councilor Ploski asked the Council to consider 15-minute parking on the block between the Big Bean and the Willey Hotel once this project is complete. There are three businesses that are primarily walk-in/walk-out on that block; Mama Lena’s, Morelli’s and the Big Bean. He felt that the two hour parking could inhibit these businesses.
Councilor Kwaks asked how many spaces this would entail. She asked who would enforce this idea. With all the money that has been spent on the downtown revitalization it would behoove the Council to add some sort of enforcement downtown, including the parks. She stated that it did not make sense to put all this money and effort into beautifying the downtown and then not police it after.
Administrator Wojnowski agreed stating that when the Town gets to that point, he would like to invite Police Chief Kevin Cyr to come to the Council to speak about options for enforcement.
Chairman Glennon felt that the Council should look at parking times in general in the downtown areas. He added that the Police Department in the past has felt that they did not have enough staff to enforce the parking downtown.
Councilor Ploski asked that the bricks be looked at again. The Durham bricks looked weather beaten.
Project Coordinator Julie Glover explained that the bricks Newmarket chose would not look like the Durham bricks.
Councilor Bergeron asked if the parking study had addressed the construction.
Project Coordinator Julie Glover explained that the parking study done two years ago had looked at the existing parking downtown and how the area would look after construction. The study had explored meter parking, shared parking and parking for the mill reuse. This information is available online.
Councilor Bergeron noted that fines are not business friendly. Newmarket didn’t want the image of being a ticket friendly Town.
Chairman Glennon noted it is the responsibility of the business owners to require their employees to park somewhere else.
Councilor Kwaks noted that repeat offenders should be ticketed.
Councilor Bergeron added that he didn’t like the thought of seeing meters everywhere after spending all this money to beautify the downtown.
Project Coordinator Julie Glover noted that the total expense for the fence including the wall, cap and fence had been proposed at $80,000; actual cost was $72,000. She felt the Town had definitely made the right decision. The fence looks great.
Councilor LaBranche asked if all Councilors could get a hard copy of the Walker Parking study since there is a lot of good information contained within the report.
Councilor Kwaks stated that it wasn’t the intent to restrict parking.
ProjectCoordinator Julie Glover noted that Public Works Director Rick Malasky wanted to bring an idea forward to the Town Council for discussion; no decision was needed tonight.
Public Works Director Rick Malasky referenced the construction plan pointing out the sidewalks. He explained the materials that would be used for each stretch of sidewalk. He felt that it was not practical to do brick where the sidewalk narrows. The contractor had pointed out that the sidewalks would not match up with what is across the street. The brick would be slippery during the winter months. Sidewalk work would begin in a couple of weeks. He proposed the sidewalks to look like what is in front of the Post Office for the area from Church Street to the Old Fire Station/Hand Tub. Brick would be used at the Hand Tub because Federal funds had been used.
Vice-Chairman Carr asked what the cost difference would be.
Public Works Director Rick Malasky believed the new proposal would be cheaper, but he had not done the calculations. Brick is more labor intensive.
Project Coordinator Julie Glover explained that the travel path would be concrete.
Public Works Director Rick Malasky noted that there would be brick accent from Church Street to South Street, in front of Riverworks and Jade Garden. There would be no brick accent when the sidewalk narrowed to five feet.
Vice-Chairman Carr asked what the safety issue is with an all brick sidewalk.
Public Works Director Rick Malasky explained that brick ices and glazes over quickly. The sidewalk in front of the library has always been a problem. There is a lot of foot traffic downtown.
Motion: To authorize the change order from all brick sidewalks from Church Street to the Hand Tub to concrete. Sidewalks over five feet in width will have brick accents. The sidewalk at the Hand Tub will continue to be all brick.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Vote: 7- 0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Fire Chief Rick Malasky noted that the new full time staff for the Fire Department had started on Monday. Craig Jordan, a member of the department since January 2005 and Sarah Graham, an Exeter call and Brentwood volunteer had been hired. The new hires are working from 7:00am until 4:00pm through their orientation. Once training is complete, the shifts will be split; 6:00am until 3:00pm and 8:00am until 5:00pm. They have just completed their EMTI classes and need to take the state test.
Councilor Kwaks stated that she had understood that any new hires would be fully trained.
Fire Chief Rick Malasky noted that each person hired have all their State certifications. They have one year to get their physical agility testing complete. They are still learning Newmarket training protocols, how the operation runs and where equipment is stored. Both employees are highly qualified. Sarah Graham is learning all the streets. Craig Jordan has six years EMT experience and has been a member of the Newmarket Fire Department since January 2005 and has his written test for the State still to take. Sarah Graham has almost two years experience; she had not been on the State list. There had been twenty-three applicants; two of which had been on the State list. It is difficult for a small community with a small fire department to hire people on the State list.
Councilor Ploski asked how vacations will be covered once these two employees were on board.
Fire Chief Rick Malasky noted that volunteers would be used and paid a per diem. He added that the burn permit policy would be changed from weekends to Monday through Friday from 6:00am until 5:00pm. This would be advertised, flyers will be put up and information provided on Channel 13.
Councilor Kwaks expressed her concern with these new employees not being on the State list and not having completed all of the testing. She asked for a copy of the State test.
Fire Chief Rick Malasky explained that he did not have access to the State test, but could provide a copy of the study manual. The State of New Hampshire provides one year for these employees to get their certifications. He was abiding by the State’s rules. He was confident that each employee would do fine. Each employee is committed to the department for three years.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
5. Discussion of Adoption of Codes/Property Maintenance – Dan Vincent, CEO
Administrator Wojnowski noted that Code Enforcement Officer Dan Vincent had fallen and broken his nose, which affected his eyes. This would need to be rescheduled.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
6. Discussion of Demolition of Buildings
Councilor Kwaks noted that Concord, New Hampshire has had a demolition ordinance for over fifty years. She had met with F.X. Bruton on Monday. If the Town is unable to provide an alternative to demolition, the applicant is free to proceed with the demolition. The Town Administrator and F.X. Bruton agreed that the Advisory Heritage Commission could help create the ordinance. The Town could not restrict demolition. With a Historic District and an ordinance, the Town could place restrictions on how the demolished building would be replaced. No ordinance has been created yet.
Chairman Glennon noted that this demolition ordinance would not be town wide but would be incorporated within the historical district area.
Councilor Kwaks stated that the demolition ordinance in Concord had been written for the entire town.
Chairman Glennon suggested that Councilor Kwaks work with the Advisory Heritage Commission and the Town Planner to create this ordinance.
Councilor Kwaks noted that the Town first needed to establish a Historic District Commission; the ordinance would then be built on those requirements.
Chairman Glennon explained that the Town Council needs to adopt a Historic District delineation as set forth by the Federal Government.
Councilor Ploski stated that he would like this ordinance to be town wide because it would protect properties outside of the historic district. He gave the example of the North Main Street building that had been demolished and then the developer pulled out of the project. There are historic buildings outside of the downtown area that should also be protected.
Administrator Wojnowski explained that the Town does not have the right to restrict demolition because the State has not provided legislature for a town wide demolition ordinance.
Councilor Kwaks noted that the Advisory Heritage Commission would meet tomorrow night.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
7. Review, Discussion and Prioritization of Council Goals
Chairman Glennon explained that this project is not complete because he had not received all of the goals from Town Councilors. He hoped this would be on a future workshop.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
8. Request of Acceptance of $1,123 for Household Hazardous Waste Collection Event
Chairman Glennon asked how the Town Council normally accepts funds.
Councilor LaBranche noted the Council normally accepts funds through a resolution. He added that this amount is under the cap that requires Town Council approval.
Motion: To authorize the Town Administrator to move forward to fill out whatever paperwork is necessary to accept the $1,123 for the household hazardous waste collection event.
Motioned: Councilor Kwaks
Seconded: Councilor Minutelli
Vote: 7-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
9. Review of Standing Committees and Council Representatives
a. Advisory Heritage Committee
b. Black Bear TIF Advisory Board
c. Budget Committee
d. Cable Franchise Renewal Committee
e. Capital Improvement Policy
f. Cemetery Committee
g. Channel 13
h. Conservation Commission
i. Downtown TIF
j. Forensic Audit Committee
k. Highway Public Safety Committee
l. Lamprey Riverwalk Committee
m. Main Street Corporation
n. Municipal Audit Committee
o. Municipal Solid Waste Committee
p. NCDC
q. Open Space
r. Planning Board
s. School Board
t. Tree Committee
u. Veteran’s Committee
Councilor Minutelli asked where the Council is at with the Black Bear TIF.
Chairman Glennon noted that the Council would speak about that under Old Business.
Vice-Chairman Carr noted that she had not received the Planning Board minutes.
Chairman Glennon noted that the Budget Committee meeting minutes had been put in Councilors’ boxes.
Councilor Ploski noted that a constituent had asked why the Council no longer provides verbal reports of the committees. There were a lot of community members that rely on the Councilors’ reports to stay up-to-date with happenings in the community.
Chairman Glennon noted that the minutes are always available. It is time consuming to go through each report separately. He asked why Channel 13 had been off the air.
Councilor Kwaks agreed that Councilors should verbally report on each committee they sat on. Minutes should still be included in Councilor packets.
Vice-ChairmanCarr noted there are a lot of committees.
Administrator Wojnowski noted that Channel 13 had been off the air because the plug had been knocked out. Chris Williams had not known about the wiring in Council Chambers.
Councilor LaBranche agreed that a brief presentation of each committee would be helpful. He understood that not all committees met monthly. It would be important to still include the minutes. He added that it would also be critical to ensure that the website is updated with minutes timely.
Councilor Minutelli stated that residents rely on Council reports to get their information. He noted that the emphasis should be on brief synopsis.
Chairman Glennon noted that a Councilor should provide a reason for any cancelled meeting.
Councilor Bergeron agreed that a brief presentation would be helpful. He added that the Newmarket Tree Committee had been set up as an official entity of the Conservation Commission.
Councilor Ploski suggested that the committees be set up by Councilors to expedite the process.
Chairman Glennon asked if there were any committees that could be eliminated.
Councilor LaBranche understood that the Forensic Audit Committee would be making a report in September but also understood that their timeframe had ended in May. He asked if the Council had ever formally extended the timeframe and who the members were.
Chairman Glennon noted that the previous Town Council had extended the timeframe and had authorized the Committee to go a number of years back also. There are five people on the committee including Chairman Chris Schoppmeyer, Jennifer Jarvis, Brian Hart, Russ Simon and Nancy Orante. Each member had been tasked with looking into one specific area. The Committee is in the process of pulling all the information together.
Councilor Bergeron noted that he is also a member of the Committee.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
10. Old Business/New Business
a. ZBA Alternate Position Nomination
Chairman Glennon noted that Planning Board member Chester Jablonski had applied to the Zoning Board of Adjustment as an alternate member. Legal counsel had been engaged and had determined that there is no conflict of interest.
Motion: To nominate Chester Jablonski as an alternate to the Zoning Board of Adjustment.
Motioned: Councilor Kwaks
Seconded: Vice-Chairman Carr
Councilor LaBranche felt that Chester Jablonski is an asset on the Planning Board and he had the pleasure of working with him for a couple of years as the Council representative to the Planning Board. He understood that a Planning Board member serving on the Zoning Board of Adjustments is not a legal issue but questioned the ethical and moral reasoning. For this reason alone, he would not be voting in favor of this nomination.
Councilor Kwaks noted that the Zoning Board is asked to look at requirements that are completely different than what the Planning Board is asked to look at. She understood the connection but stated that if it is done properly, there would be no conflict of interest. She added that there is no RSA that prohibits a resident from serving on two land use boards. She felt Chester Jablonski would do a great job.
Councilor Ploski agreed with Councilor LaBranche. He felt that Chester Jablonski has done great things for this Town but he felt that the Town could be put in a compromising position if an applicant received a denial from a Board. He understood that legally there may not be a conflict of interest, but that it would be perceived as such.
Councilor Minutelli agreed noting that he had reviewed Chester Jablonski’s application and found him to be a qualified applicant. He felt that there could be the potential of allegation and a law suit.
Vice-Chairman Carr believed that members of the Board can recuse themselves if they are vehemently opposed to an application. She did not see where there would be conflict of interest.
Chairman Glennon noted that any legal issue would be stated in the RSAs. He reminded the Council that there had been a member of the public that had concurrently served as Chair of the Planning Board and Chair of the Zoning Board; this person had done a fabulous job and had no issues. Any member of the Board could recluse themselves from an application if there was any hint of a conflict of interest. Knowing Chester Jablonski’s character, he would step down if he felt there was a conflict. He added that it was up to each member whether to step down or not. He asked the Council to look at the qualifications and character of the applicant to make their decision. He asked the Council to provide benefit of doubt; this position is for an alternate. This is someone in the community that wants to volunteer their time.
Vote: 3-4 Motion fails
Councilor Kwaks Aye
Councilor Bergeron Nay
Councilor LaBranche Nay
Councilor Ploski Nay
Councilor Minutelli Nay
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon wanted to address the emails that have been circulating regarding Councilor LaBranche having been removed from the Black Bear TIF Committee. He explained that there had been a misunderstanding. He had received an email from Councilor LaBranche requesting that he be removed as Council representative to the Black Bear TIF. There had been several emails back and forth that had created misunderstandings and hurt feelings. He explained that the Council had not yet decided whether to disband the Black Bear TIF District. He noted that if Councilor LaBranche wished to continue as the Council representative to the Black Bear TIF Committee he could continue.
Councilor LaBranche noted that there had been several emails back and forth. Nothing has been done with this committee in over a year and a half. He clearly stated on August 11, 2008 that he was brainstorming ways to get Black Bear going again. The Committee still needs a member at large. He had been told that additional members could not be added. There is a Council representative and an NCDC representative; a Planning Board representative would be appointed. There is one property owner whose term has not yet expired; he would call her to begin scheduling a meeting. He fully intends to stay on this committee.
Chairman Glennon noted that he had not been sure of Councilor LaBranche’s position and had given him a week to “cool down” before approaching him again. He was glad that Councilor LaBranche was willing to stay on; he felt he would do a good job. He noted that there would be no further discussion on this matter.
Councilor Kwaks indicated that she had something to say.
Chairman Glennon noted that Robert’s Rules of Order authorizes the Chairman to end the discussion.
Councilor Kwaks noted that Councilor LaBranche had proven his merit in the past and has been an excellent committee chair. She didn’t feel this issue needed to be brought up the way it had been. She supported Councilor LaBranche and felt he has done a good job.
Councilor Ploski noted that the Council needed to get together. The infighting that is going on is making the Council look like a “Dog and Pony Show”. Each member of the Council works for the betterment of the Town. If there are personal differences between Councilors they should be addressed privately and not publicly. This is not a Council with six members and a Chairman. He stressed that this is one Council that should be acting as a team. There will be different opinions; these should be shared publicly and then voted on. Any vote of the Council is just that; a vote of the entire Council. He apologized to the public for the accusations he made against Chairman Glennon at the last Council meeting.
Chairman Glennon noted that the Council needed to move forward as a team. There is a lot that needs to be done. As the Chairman of the Council, he asked for help.
> style="border-style: none none solid; border-color: -moz-use-text-color -moz-use-text-color windowtext; border-width: medium medium 1.5pt; padding: 0in 0in 1pt;"
