Motion: To enter into Non-Public RSA 91-A:3 II (c) at 6:32pm.
Motioned: Councilor Kwaks
Seconded: Councilor Ploski
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
Motion: To leave Non-Public RSA 91-A:3 II (c) at 6:40pm and seal the minutes because the divulgence of information could render the proposed action ineffective.
Motioned: Councilor Ploski
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
Chairman Glennon called the meeting to order at 7:00pm and noted the Councilors have been provided with an updated schedule of meetings for the month of October.
Town Council to Consider Acceptance of Minutes
October 1, 2008 Business Meeting
Motion: To approve the October 1, 2008 Business Meeting Minutes.
Motioned: Councilor Minutelli
Seconded: Councilor Ploski
Councilor Kwaks noted the vote on the next to last page needs to be “7-0” not “70”. On page 10, under item number 4, it should be clarified the thermal imaging camera is over ten years old.
Chairman Glennon asked for page numbers to be included.
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
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1. Police Chief Kevin Cyr
Police Chief Kevin Cyr referenced his request to withdraw funds from the Capital Improvement Program (CIP) to purchase two vehicles; a black and white line car and a Ford Taurus unmarked car. He explained there had been no vehicles available in July for the police packages. He has been waiting until the dealer called informing him cars were available. The state bid process had been followed. Due to the CAR54 grant received last year, outfitting the cars would cost only about $3,000. He has maintained a good relationship with them and the Town would likely be receiving the next wave of technology when the antennas are moved.
Motion: To approve the withdrawal of $54,000 from the CIP Police Vehicle Fund to purchase two new vehicles.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Chairman Glennon noted the Council does not normally make motions at Workshops. He asked this come back to the Council in the form of a resolution at the Business Meeting.
Councilor Ploski withdrew his motion.
Vice-ChairmanCarr withdrew her second.
Councilor Kwaks asked why two different vehicles were being purchased.
Police Chief Kevin Cyr explained one vehicle is built to be a police car. Those specifications were not needed for the detective car.
Chairman Glennon noted Police Chief Kevin Cyr had submitted his bimonthly report.
Chairman Glennon explained agenda item 4 and 5 would not be discussed this evening.
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2. Becky Benvenuti – Presidential Election
Town Clerk/Tax Collector Becky Benvenuti noted the election is 20 days away. The recount last January did provide the state with information about flaws in the voting processes. There is an Election Training she encouraged Town Councilors to attend. She discussed the Town Council duties as spelled out in RSA 658:2 including appointment of inspectors of election. There will be five check-in tables to expedite the process.
Motion: To appoint the following 13 democrats and 13 Republicans as Inspectors of Election for the Town of Newmarket for a two-year period beginning November 1, 2008, or until a successor is appointed and qualified:
DemocratsRepublicans
Elizabeth Arcierie, 155 Exeter Road Lynn Beaver, 5 Hersey Lane
Sandra Bailey, 21 Grant Road Nicole Benson, 12 Mockingbird Lane
Joel Bogan, 81 Grant Road Constance Bentley, 25 Bald Hill Road
Annette Brousseau, 8 ½ So. Main Street Penny Botterman, 8 Raymond Lane
Karen Doyle, 6 Raymond Lane Lillian Charron, 38 Maplecrest
Regina Dutka, 24 Dame Road Vicki Coffey, 11 Huckins Drive
Rita Longa, 1 Riverbend Road Fred Edgerly, 33 Grant Road
Helen Pelczar, 11 Oak Street Paula Smart, 27 Riverbend Road
Jacene Mongeon, 25 Ladyslipper Drive Mark Pelczar, 11 Oak Street
Gwen Madea, 47 Schanda Drive Ethel MacIntosh, 2 Gordon Ave
Doris Nelson, 288 Wadleigh Falls Road Dorothy Nash, 212 So. Main Street
Lorraine LaPointe, 11 New Road Crystal Weitzell, 75 Elm Street
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
Town Clerk/Tax Collector Becky Benvenuti discussed Council attendance during the election, polling location, ballot counting and posting of the warrant.
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3. Main Street Update – Julie Glover
Public Works Director Rick Malasky noted the Main Street construction project is on schedule. Curbing would begin Monday and sidewalks would be set after. The brickwork would begin October 23, 2008. The last week of October would be the paving between Central Street and the Post Office. It is anticipated two-way traffic will begin November 7, 2008. Substantial completion date is set for November 7, 2008; weather dependent everything is on schedule.
Public Works Director Rick Malasky explained there would be a draw down on the river to do an inspection of the damn. There is a public hearing scheduled for November 3rd in the Town Hall Auditorium at 7:00pm. Fish & Game and DES are on board with the project. A press release would be sent out.
Councilor Ploski asked if it would be possible to remove the refrigerators and stoves that are rumored to be at the bottom of the river while the river was low.
Public Works Director Rick Malasky noted he would bring that up at the public hearing with Fish & Game and DES.
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4. Line of Credit – Don Parnell
This agenda item was postponed.
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5. Tax Rate Projection – Don – Andy
This agenda item was postponed.
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6. Historic District Commission – Update
Chairman Glennon noted this was an update; not a request to pass the ordinance. The previous Council had asked the Advisory Heritage Commission to do certain things to notify people who lived in the proposed historic district. Public meetings had been held.
Phil LePage explained the Advisory Heritage Commission had presented this to the Planning Board last night with a cover letter, proposed map and proposed regulations. In May, notices and invitations had been sent to property owners within the district to inform them of the public hearing. At the meeting people had volunteered to work as a committee on the proposed ordinance and regulations.
Mike Provost gave a brief history dating back to 1976 and the Newmarket Service Club, the predecessor to the Newmarket Business Association. The intent of this proposed ordinance is as an economic and preservation tool to ensure the preservation of the historical structures. It is important to keep Newmarket special. He noted the Town has been working on attracting a developer to spend $21 million on redevelopment of the mills and has worked hard on improving the Main Street. He discussed preservation tools such as Certified Local Government status and the New Hampshire Preservation Alliance as well as tax credits for projects investing in historic rehabilitation and RSA 79:E. The communities design the regulations for their districts so there is no negative impact to the community.
Phil LePage noted the working group had worked hard through public educational forums. There would also be public hearings as the proposed ordinance moves through to the Planning Board and Town Council. He recommended the Council members obtain a copy of the 2000 Newmarket Tomorrow report.
Judy Ryan noted she had been to the previous Council meeting where this discussion had been held. The Advisory Heritage Commission had been charged with the creation of a proposed ordinance. This complete package includes an ordinance overlay district, a map inclusive of industrial and commercial district approved by the National Register of Historic Places and an area at the north end as well as a list of draft guidelines. They had looked at ordinances from other Towns. She asked the Council to allow the working group to work with the Planning Board towards a final product.
Phil LePage explained he was raised here in Newmarket as were his parents and grandparents. The draft regulations have not been reviewed by legal counsel. There would be a town wide notice sent out in the future.
Councilor Kwaks noted if the Town had this historic district there would be funds available to pursue for rehabilitation of the town clock.
Motion: To pass the Newmarket Historic District draft regulations and ordinance onto the Planning Board for legal review and other work as necessary.
Motioned: Councilor Ploski
Seconded: Councilor Kwaks
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
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7. Disabled Veteran’s Exemption
Chairman Glennon briefly discussed the possibility of putting this into effect for 2009 as tax rates have not yet been set. A new MS1 form would need to be filled out prior to the tax rate being set.
Administrator Wojnowski explained this would increase the veteran’s exemption for veteran residents with 100% disability due to service connection. If passed, this would raise the tax exemption from $700 to $701-$2,000. According to the tax assessor, this could be implemented in 2009.
Motion: To move forward on adoption of the tax credit increase for veterans with 100% service connection disability to $2,000 effective November 2009.
Motioned: Councilor Bergeron
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
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8. Clarification of Allegations Raised on October 1, 2008
Chairman Glennon noted the Council received a memo dated October 10, 2008 from legal counsel. The Council needed to vote whether to make this memo public.
Motion: To release the memo from Attorney F. X. Bruton, dated October 10, 2008.
Motioned: Councilor Minutelli
Seconded: Councilor Bergeron
Vote: 5-1 Motion carries
Councilor Kwaks Abstain
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Nay
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Motion: To allow Chairman Glennon to read the memo from Attorney F. X. Bruton dated October 10, 2008 to the public.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Vote: 6-0 Motion carries
Councilor Kwaks Abstain
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon noted there was confusion regarding what was released publicly from Attorney Bruton’s memo dated October 7, 2008. The confusion was whether just the three paragraphs read had been released or if the whole document had been released.
Councilor LaBranche did not recall a specific motion releasing only part of the document.
Councilor Bergeron agreed with Councilor LaBranche.
Councilor Ploski recalled the Council had voted the three paragraphs being released, not the entire document.
Councilor Minutelli recalled the motion had been vaguely worded. The Council typically does not make decisions during non-meetings. This decision had not been specified in public session.
Motion: To release the memo from Attorney F. X. Bruton dated October 7, 2008 in its entirety.
Motioned: Councilor Minutelli
Seconded: Vice-Chairman Carr
Vote: 6-0 Motion carries
Councilor Kwaks Abstain
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon clarified the reason the Council had not voted on October 8, 2008 to do the investigation as set forth in the citizen’s petition was contained in the memo read. He read the October 10, 2008 memo as follows:
“As a follow up to our letter dated October 7, 2008, please accept this letter as our opinion with respect to the current procedures regarding the Initiative Petition which has previously been submitted to the Town Council, and as well as the comments and complaints made by Ms. Jennifer Jarvis during a recent Town Council meeting.
“In our opinion, the Town Council can still vote to move forward with an investigation under Section 3.15 of the Town Charter. However, our advice is that the Board not proceed with any such investigation, as the Initiative Petition has been filed.
“Although the Petition, in our opinion, is defective, the petitioners are not precluded from submitting a revised petition. Based upon a high probability that a revised petition will be submitted, it is our opinion that the Council should not proceed to an investigation at this time, as the Council would have to serve as fact finders, with respect to any public hearing that would arise as a result of a validly submitted Initiative Petition. Under Section 8.2 of the Town Charter, a public hearing is required, thus, to the extent that a revised Initiative Petition is submitted, and it is determined to be valid by the Town Clerk, there will in fact be a public hearing scheduled on the matter and the Town Councilors will serve as fact finders. Based upon that probability, again, we would advise that the Town Council defer its decision as to whether to conduct investigation pursuant to Section 3.15.
“To the extent that the Town Council does come to the conclusion that a revised Petition is not going to be filed, anyone of the Town Council is free to make a motion, to entertain conducting an investigation pursuant to Section 3.15 of the Town Charter.”
Councilor Minutelli stated these documents were now available to the public and hoped it would clear up the confusion that had been previously raised on the vote by the Council to accept legal opinion.
Motion: To accept legal opinion dated October 10, 2008 as read tonight not to enter into an investigation at this time.
Motioned: Vice-Chairman Carr
Seconded: Councilor Ploski
Vote: 6-0 Motion carries
Councilor Kwaks Abstain
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Councilor Minutelli expressed his concern with how legal opinion is received. He referenced Section 4.14 of the Town Charter noting “the Town Council shall engage as needed such attorneys as are deemed in the best interest of the Town to provide legal advice to the Council, Administrator, Town departments, boards, and other agencies and represent the Town in any legal proceedings. Such attorneys shall on Council direction perform any other duties prescribed by this Charter or by ordinance.” On October 3, 2008 Administrator Wojnowski had requested a legal opinion, but had been denied that opinion by the Town Council Chairman. The Town Charter states legal opinion shall be a Town Council vote, not a decision made by the Chairman. He felt moving forward legal opinions needed to be done by a vote of the Council.
Chairman Glennon explained he did not direct Administrator Wojnowski not to contact legal counsel but had recommended he not get involved as a member of the Town staff as he would become involved if there is an investigation. The Town Council Chairmen in the past have had direct contact with legal counsel. He didn’t feel it was efficient to hold a meeting every time legal opinion needed to be obtained.
Administrator Wojnowski explained the purpose of his call to legal counsel was because there was a gray area. He felt the Council needed guidance on how to proceed.
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9. Town Council to Consider Nominations, Appointments and Elections
Chairman Glennon noted the Council had received two applications this evening that would be deferred so Councilors had an opportunity to review the applications.
Black Bear TIF
Chairman Glennon noted there is an application from Rod Bowles for a position on the Black Bear TIF. He noted Rod Bowles is not qualified to serve on this Board as he is not a property owner within the TIF. This is a five member Board and is currently full.
Budget Committee
Chairman Glennon noted the Town Council does not appoint members to the Budget Committee. The Budget Committee appoints their own members. This application would be sent to the Budget Committee for review.
Lamprey Riverwalk Committee
Chairman Glennon noted Rod Bowles had submitted an application without indicating the term desired. He suggested the application be sent back for clarification of term.
Administrator Wojnowski suggested the Council appoint the applicant for the most recent year’s term to make it easier for members.
Motion: To nominate Rod Bowles for the Lamprey Riverwalk Committee.
Motioned: Councilor Bergeron
Seconded: Councilor LaBranche
Vote: 4-3 Motion carries
Councilor Kwaks Nay
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Nay
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Nay
Advisory Heritage Commission
Chairman Glennon noted Jennifer Jarvis had resubmitted her application to the Advisory Heritage Commission. He asked which term she desired.
Jennifer Jarvis noted there are two alternate positions available.
Motion: To nominate Jennifer Jarvis to the Advisory Heritage Commission.
Motioned: Councilor Minutelli
Seconded: Councilor Bergeron
Councilor Ploski noted at the last meeting Jennifer Jarvis had provided the Council with a copy of Resolution 2000-12 regarding the establishment of the Advisory Heritage Commission. He noted part of that document stated: “Therefore be it resolved that the Town of Newmarket, New Hampshire Town Council should create an Advisory Heritage Commission to protect and preserve our precious history and significant resources pursuant to NH RSA 673, more thoroughly detailed in RSA 674:44 A and B Organization and Powers. The Heritage Commission will provide for the historic recognition, use and protection of resources, tangible and intangible products man made that are valued for their historical, cultural, aesthetic or community significance with their natural built or cultural context.” He noted Jennifer Jarvis has been negative in regards to the Historic District Commission stating she felt this Commission just wanted to regulate businesses. He felt the Advisory Heritage Commission has worked. He felt Jennifer Jarvis’ past comments as a Town Councilor against the Historic District disqualified her from being on this commission. He felt she was the “anti-Christ of historic preservation”.
Councilor LaBranche noted there was not a prerequisite of being in favor of everything the Boards and Commissions do in order to be a member. He noted there was a member of the Advisory Heritage Commission that had stated at a Downtown TIF public meeting the mills should be torn down. He felt Jennifer Jarvis would serve the Advisory Heritage Commission well.
Councilor Bergeron noted Councilor Ploski had made statements in the past about the Council becoming a “dog and pony show” and suggested comments such as the ones just made create this environment.
Chairman Glennon noted he would allow the applicant to speak at this time.
Jennifer Jarvis did not have any comments.
Vote: 4-3 Motion fails
Councilor Kwaks Nay
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Nay
Councilor Minutelli Aye
Vice-Chairman Carr Nay
Chairman Glennon Nay
Councilor LaBranche noted Councilor Ploski had provided his reasons for voting nay and asked the other Councilors who had voted nay to also provide their reasons.
Chairman Glennon noted per the Town Charter, Councilors did not need to provide reasons for their votes.
Energy Committee
Chairman Glennon asked if the terms were three year staggered terms.
Administrator Wojnowski suggested a two-year term to balance the committee.
Motion: To nominate Robert Leavitt to the Energy Committee with a term to be determined.
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
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10. Review of Standing Committees and Council Representatives
a. Councilor LaBranche: Budget Committee
CIP Committee
Energy Committee
Councilor LaBranche noted the Budget Committee had attended the School Board budget session to discuss the elementary school budget. They would also attend the October 23, 2008 School Board budget session to discuss the high school budget. The next scheduled Budget Meeting has not been scheduled yet. The CIP had a brief meeting where Leo Filion had been voted Chairman. That process would be starting soon. The Energy Committee is still looking for members.
Chairman Glennon asked if the Budget Committee had a schedule for the Town Council for review of the budget.
Administrator Wojnowski noted this schedule needed to be to the Council by December 15, 2008.
b. Councilor Bergeron: Conservation Commission
Forensic Audit Committee
Councilor Bergeron noted the Forensic Audit Committee had completed its final review. Attorney Jim Wheat would perform his final review of the document. The final report would be before the Town Council tentatively for October 27, 2008. The Conservation Commission had a successful turn out at the Heritage Festival; over three hundred boat rides had been given. There would be an invasive workshop/cookout held on October 25th with the Boy Scouts. The Tree Committee has been advertising for members on Channel 13 and had created their Mission Statement.
c. Vice-Chairman Carr: Planning Board
Vice-Chairman Carr noted the Planning Board would be meeting with the Town Council for a joint meeting tomorrow night to present the proposed ordinance for rezoning of the M1 District. The Planning Board had held their regularly monthly meeting last night and had voted to recommend that the Town Council allow construction of a single family home and indoor horse arena off the Class VI portion of Neal Mill Road.
d. Chairman Glennon: Lamprey Riverwalk Committee
Chairman Glennon noted the last meeting had been cancelled due to the Council meeting downstairs. The Town Council had approved the parking agreement with the eye glass business on Water Street. The design would move forward now that the easement was obtained.
e. Councilor Kwaks: Advisory Heritage Commission
Municipal Audit Committee
Municipal Solid Waste
Councilor Kwaks noted the Advisory Heritage Commission had presented to the Council tonight. The Municipal Audit Committee would be meeting this month. She did not know the status of the Municipal Solid Waste Committee because this Committee was more active toward contract renewal time.
f. Councilor Ploski Channel 13
Highway Public Safety Committee
Main Street Committee
Councilor Ploski noted Channel 13 and Highway Public Safety Committee have not met. He was unable to attend the last Main Street Committee meeting.
Chairman Glennon asked why Channel 13 had not met.
Councilor Ploski noted there have been scheduling problems.
g. Councilor Minutelli: Downtown TIF Advisory Board
Open Space Commission
Veteran’s Memorial Trust Committee
Councilor Minutelli noted these three committees have not met since he last updated the Council. The Veteran’s Trust Committee would be meeting next week. He noted the Council should have received a comparison matrix, renewal proposal and counter proposal from the Cable Franchise Committee. The Town is currently working under an extended contract through November 22, 2008. The Committee is moving forward on negotiations. The document provided to Councilors has been prepared by legal counsel. He felt this was a complete record of negotiations. He anticipated the Committee would present an agreement to the Council soon; there is the possibility of another extension.
Chairman Glennon noted there had not been minutes provided in Council packets as Kathy Castle had been away. He asked Administrator Wojnowski to explain how minutes would be handled moving forward.
Administrator Wojnowski explained in the past minutes have come to the Council in draft form. Kathy Castle has not posted minutes to the website until they had been approved by the committees. He noted many times Committees did not forward approved minutes. When minutes are produced, they will be stamped draft and uploaded to the website. Once adopted, the draft minutes will be replaced by the approved minutes. He noted Chairmen of Committees would be asked to send Kathy Castle a memo stating there was no meeting.
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11. Old Business/New Business
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