Chairman Glennon called the meeting to order at 7:00pm.
Pledge of Allegiance
Chairman Glennon noted the staff had received a memo from Kathy Castle dated September 30, 2008 requesting that any committee who needs to change their meeting date, time or location contact her so the change can be noted on the month’s calendar and put on the new marquis.
Administrator Wojnowski added the NCDC had received partitions from Suflex which the Building and Grounds crew had erected in the auditorium creating two new rooms. There are now four meeting spaces available at the Town Hall.
Public Forum – Non-Agenda Items Only
Jennifer Jarvis of 7 Raymond Lane passed around copies of Resolution #2000-12 relating to the Establishment of an Advisory Heritage Commission stating during the September 17, 2008 Town Council Workshop a motion was made and followed by a second to nominate Jennifer Jarvis, to the Advisory Heritage Commission. This motion failed by a three to three vote. Councilor Kwaks was very vocal on her rejection of the appointment but no comments were made from Vice-Chairman Carr or Chairman Glennon as to why they voted the way they did. She asked if it was fair to assume that Vice-Chairman Carr and Chairman Glennon’s decisions were based on Councilor Kwaks statements. She pointed out she had been the only applicant and there are currently two available seats on this advisory Commission. There are currently over 20 vacancies on town committees and the council has on several occasions publicly encouraged residents to apply. Following the nomination the Chairman of the Town Council opened the floor for discussion and Councilor Kwaks made the following statement: “I don’t believe that Jennifer Jarvis would be suitable to sit on the Advisory Heritage Commission.” She followed that statement with the following reasons of why she felt Jennifer Jarvis was not suitable: Jennifer Jarvis took three chimneys down from her own property, she didn’t have a building permit, the Code Enforcement Officer didn’t know she was doing the work, she didn’t inform the Historic Advisory Commission that she was making repairs on her own property, she didn’t inform the Historical Society that she was making repairs on her own property, she removed a slate roof from her own building, she put a plain asphalt roof on her own building that was not aesthetically pleasing to Councilor Kwaks and she took Councilor Glennon off the Heritage Advisory Commission when she was chair of the Town Council which Councilor Kwaks felt was abusing her powers as Chairman. She went on to explain Councilor Kwaks felt that the renovations that have been done to a historic building she has shown complete disregard for the historic preservation of our downtown area and therefore does not fit the criteria to be on the Advisory Heritage Commission. In reviewing Resolution #2000-12 relating to the Establishment of an Advisory Heritage Commission there is no criteria listed, which Councilor Kwaks and Chairman Glennon should know since they have both sat on this Commission. She asked why Councilor Kwaks made those statements as though they were violations of the criteria that needed to be met in order to be appointed to the Heritage Advisory Commission. She also asked why her appointment was denied by three Councilors based on Councilor Kwaks statements that had nothing to do with her appointment. Resolution #2000-12 Relating to the Establishment of the Advisory Heritage Commission clearly states the “Town of Newmarket, New Hampshire Town Council, shall appoint a membership which consists of people who demonstrate an interest and an ability to understand and appreciate the historic values of the community.” She felt she had demonstrated an interest by applying for the appointment and has demonstrated an ability to understand and appreciate the historic values of the community by attending an all day conference on Historic Districts and Historic Commissions in Manchester, NH with one of the current members of the Advisory Heritage Commission, Philip Le Page. She felt she has always tried to maintain her property with the appreciation of historic values unless it has been cost prohibitive. She noted the statements made by Councilor Kwaks were unrelated to her ability to be appointed to the Heritage Advisory Commission, the statements had been made publicly and she wanted the opportunity to address them publicly. She confirmed that she does not own The Lamprey River Tavern; she owns the Riverworks Restaurant & Tavern. She clarified that she had four chimneys; three had been removed because the Code Enforcement Officer directed her to take them down due to Life Safety Code. The Code Enforcement Officer had been concerned they were going to fall down and kill someone. The one chimney that was not a Life Safety concern is still standing because she does care about the historic values of the community. She also saved several of the 1840’s water struck bricks in case she decides to rebuild the other three chimneys when funds allow since the rebuilding of the chimneys will cost an additional $40,000. She stated Councilor Kwaks publicly lied when she said a permit had not been obtained. She did have a building permit signed by the Code Enforcement Officer, which is on file at the Town Hall. She handed out copies of this permit to each Councilor. She added Councilor Kwaks publicly lied when she said the Code Enforcement Officer didn’t know the work was being done because he was the one that wanted the work done on the chimneys in the first place and his signature is on the permit. She stated Councilor Kwaks did tell the truth when she said Jennifer Jarvis did not inform the Historic District or the Heritage Advisory Commission of the repairs on the building. She felt since Councilor Kwaks is the Town Council Representative to the Advisory Heritage Commission she should know that it is not required to inform the commission. She questioned Councilor Kwaks understanding of the authority of the advisory commission. She stated she did take a slate roof off her building because she wanted to preserve the interior historic values of the property that were being compromised by an extremely leaky roof. She also wanted to protect the public from the slate that had been falling off the roof noting this was a life safety code. She did save several pieces of the slate so that when she has the $200,000 to replace the roof with slate she will be able to match the slate for it’s historical value because of her regard for the historic preservation of the downtown. She felt whether Councilor Kwaks finds the roof aesthetically pleasing or not was not her concern. She chose an asphalt roof that she thought best matched the coloring of the previous slate. She felt it was aesthetically pleasing. She stated Councilor Kwaks lied about why Councilor Glennon was removed from the Advisory Heritage Commission explaining she had been completely in her right as chair to take Councilor Glennon off the Advisory Heritage Commission, as agreed by the previous Council. She would explain again why Councilor Glennon was removed from the commission if this Council felt it was necessary, but felt it was irrelevant to her appointment. She respectfully asked the Council to revote on her appointment to the Advisory Heritage Commission and asked that Councilor’s decisions be based on her interest and ability to understand the historic values of the community. She requested that Councilor Kwaks abstain from the vote since she had clearly demonstrated her inability to be impartial.
Jennifer Jarvis explained on May 14, 2007 Rose-Anne Kwaks took an oath of office where she solemnly and sincerely swore and affirmed that she would faithfully and impartially discharge and perform all duties incumbent on her as a member of the Town Council. On September 17, 2008 she believed Councilor Kwaks violated her oath of office when she publicly lied about an applicant in order to persuade the other Councilors to vote against the applicant’s appointment to the Advisory Heritage Commission. She felt Councilor Kwaks publicly demonstrated her inability to faithfully and impartially discharge and perform her duties incumbent on her as a member of the Town Council. She stated when Councilor Kwaks violated her oath of office she broke the law. RSA 42:1 Oath required states that every Town officer shall make and subscribe the oath or declaration as prescribed by Part 2, Article 84 of the Constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office involved. She felt Councilor Kwaks violated her oath of office and therefore should be forthwith dismissed from the Town Council. She stated not only did Councilor Kwaks violate her Oath of Office and break the law, but she believe that on September 17, 2008 Councilor Kwaks also violated several sections of the Newmarket Town Charter including Section 6.1 Appointments which states that all appointments to all positions in the service of the Town shall be made solely on the basis of merit and consideration of the applicants ability. She felt Councilor Kwaks did not base her decision for appointment on the applicant’s merit and ability but rather on her personal feelings of dislike for the applicant. Councilor Kwaks demonstrated her personal feelings publicly the night she lied about the actions of the applicant in order to manipulate a vote. Councilor Kwaks also clearly demonstrated her personal feelings for the applicant at this same meeting when she publicly voted against brick accents in front of just the applicant’s property when she had already voted in favor of the brick accents in the downtown area at a previous meeting. Councilor Kwaks publicly said she didn’t want any brick in front of the Riverworks, but supported it through the rest of the town. She felt Councilor Kwaks specifically singled out the applicant’s place of business and felt this was a clear act of discrimination and abuse of power, again violating Councilor Kwaks’ oath of office by not being able to vote faithfully and impartially. She felt Section 10:15 Prohibition had also been violated which states “no person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to, any Town position or appointed Town administrative office because of age, race, sex, political opinions or affiliations” stating she believed Councilor Kwaks violated this section of the charter when she publicly discriminated against Jennifer Jarvis for an appointment to the Heritage Advisory Commission based on their differences in political opinions. She felt the statement “No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment” had also been violated when Councilor Kwaks willfully made false statements including Jennifer Jarvis did not have a building permit and the Code Enforcement Officer was unaware of the work. She stated both of these are false statements. Councilor Kwaks stated Jennifer Jarvis had removed Councilor Glennon from the Advisory Heritage Commission because he had asked certain questions about her project. She explained Councilor Glennon told The Code Enforcement Officer that the construction project needed approval from the Advisory Heritage Commission and therefore the project should be put on hold until the Advisory Heritage Commission’s next meeting. The direct result of this was the Code Enforcement Officer telling the owner of the construction crew that they needed to stop their work immediately until the Heritage Advisory Commission had an opportunity to approve the work. Councilor Glennon was removed from the Advisory Heritage Commission for several reasons including that he was not clearly communicating between the Town Council and the Heritage Advisory Commission. She stated he clearly did not understand his authority or responsibilities on this commission which was demonstrated by his belief that any construction project in the proposed Historic District needed approval from the Advisory Heritage Commission. She added that Councilor Glennon thought he had the power as the Town Council Rep on the Heritage Advisory Commission to stop a construction project. She noted that Councilor Kwaks had felt this was retaliation and abuse of power. As Chairman of the Town Council it had been her responsibility to appoint Councilors to committees and commissions. Councilor Kwaks did not think it was retaliation or abuse when Councilor Glennon removed Councilor LaBranche from committees, which she felt demonstrated another instance where Councilor Kwaks was unable to be impartial. Section 1.2. Form of Government states “no Councilor shall participate in the conduct of the administrative affairs of the town”. She felt Councilor Kwaks has violated this section of the charter on several occasions including when she called the police office and requested Severino’s emergency phone number because she thought the pirate flag downtown was offensive, when she told the Town Administrator to verify the purchase of property that she had seen in a town employee’s yard, when she approached the public works crew while they were working on Beech Street Extension and questioned them on their reasoning for doing the work, took their paperwork and went directly to the town planner and code enforcement officer and when she requested the cash receipts for the transfer station to verify that the town employees were not accepting cash. She stated these four incidents also violated Section 4.11 Non-Interference with Town Administration, which states “no Councilor shall give orders to or interfere with the performance of the duties of any of the administrative officers or employees, either publicly or privately”. This section also states that any violation of the provisions of this Section by a Councilor shall require a meeting of the Council to review such violation. She asked the Council to focus their attention on the following sections of the Town Charter when the Council meets to discuss these violations; Section 3.4 Qualifications of Councilors which states “A majority of the Council may, after investigation and hearing, declare a vacancy if a member has interfered with administration, falsified records, misapplied Town funds or property, or is guilty of public conduct the result of which would bring loss of respect for the Council or the town of Newmarket.” She argued that by lying to the Town Council and the public in order to manipulate a vote, violating the town charter on numerous occasions, violating her oath of office and breaking the law that Councilor Kwaks is guilty of interfering with administration and guilty of public conduct resulting in loss of respect for the Council and the Town of Newmarket. She requested the Town Council follow the Town Charter and initiate an investigation of Councilor Rose-Ann Kwaks today. She called attention to Section 10:10 Violations and Penalties which states “all willful violations of provisions of this Charter, unless otherwise provided, are hereby declared to be misdemeanors.” She argued since Councilor Kwaks is so often quoting the Town Charter that her violations were indeed willful. She hoped Councilor Kwaks would have the dignity to resign from her position as a Newmarket Town Councilor. If Councilor Kwaks does not resign, she stated each Councilor has taken an Oath of Office to bear faith and true allegiance to the United States of America and the State of New Hampshire. Each Councilor solemnly and sincerely swore and affirmed they would faithfully and impartially discharge and perform all duties incumbent on them as a member of the Town Council. She believed it is each Councilor’s duty to follow their oath of office and the Town Charter. She asked the Council to start holding Councilor Kwaks accountable for her actions.
Chairman Glennon asked for a show of hands from the Town Council to rearrange the agenda slightly as there have been some items that have come up that need to be addressed.
Councilor Minutelli asked if the Town Council was going to discuss what was just presented to them.
Chairman Glennon stated the Council would not discuss the public statements made.
Jennifer Jarvis asked if there would be no public discussion on her concerns.
Chairman Glennon answered he would look into putting this item on a future agenda but October was a busy month for the Council. He added the Chairman sets the agenda.
Minutes: Town Council to Consider Acceptance of Minutes
September 17, 2008 Workshop
Motion: To accept the minutes from the September 17, 2008 Workshop.
Motioned: Councilor Minutelli
Seconded: Vice-Chairman Carr
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Abstain
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Councilor Ploski noted he abstained from the vote because he had not been at the meeting.
September 10, 2008 Special Meeting
Motion: To accept the minutes from the September 10, 2008 Special Meeting.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Administrator Wojnowski explained Project Coordinator Julie Glover had made some corrections to the minutes. He would incorporate these changes and provide a new copy to Councilors.
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
Mark LaRoach, Superintendent of Schools
Mark LaRoach stated he had been looking forward to formally introducing himself to the Town Council and is delighted to be a member of the team. He is looking forward to working with the Town Council on their efforts to improve the community. There are challenges ahead of the community including energy and fiscal costs. He hoped they would be able to put their heads together to create solutions that would be acceptable to the citizens of the community. Providing quality education at an affordable cost is a challenge. There are a number of unfunded mandates especially under the legislation, which created criteria for the “No Child Left Behind Act.”
Chairman Glennon asked Town Council representative to the School Board Councilor Bergeron if a joint meeting date has been set.
Mark LaRoach stated School Board Chairman Cliff Chase has confirmed the date. The meeting would be held in the auditorium. Having worked in Maine for a municipal form of government he has the experience needed to work with the Town. This would be a collaborative effort.
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1. Main Street Update – Project Coordinator Julie Glover
Project Coordinator Julie Glover noted at this weeks project meeting Severino had recommended not installing the tabletop until the spring for numerous reasons including how the tabletop would tie into the asphalt. Tom Severino has called Phil Underwood from Underwood Engineering to discuss this further. She recommended the Council accept Severino’s recommendation in not installing the tabletop this year.
The Council agreed to accept Severino’s recommendation by a nod of heads.
Project Coordinator Julie Glover noted Severino has informally requested a contract extension from November 7, 2008 until November 14, 2008. The contract spells out substantial completion as “giving back the road and sidewalks” followed by a 30 day period to complete a punch list of items. She believed liquidated damages were tied to the substantial completion date. She has never imposed these damages, believed them to be $1,000 per day and expressed the desire to speak with Underwood Engineering about this prior to a decision being made. She was unsure what the work would be during the last week but presumed it would be the sidewalks as that was scheduled to be last.
Project Coordinator Julie Glover stated there would be an advisory board meeting on Friday to discuss the Fish & Game lot on Young’s Lane in regards to water access.
Project Coordinator JulieGlover explained she had received a request from East Coast Signal, the company responsible for the light poles explaining the light poles would be installed but would be spun due to the location of the power lines. Once the power lines were removed the lights would be spun correctly. This would protect the bases.
Councilor Ploski asked about the easement on Water Street.
Project Coordinator Julie Glover explained the document has been sent to the attorney with minor changes. They continued to move forward on this with no material issues with the language.
Chairman Glennon asked if the Main Street project was still within budget.
Project Coordinator Julie Glover answered it was.
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2. Award of Bond for Fire/Rescue DPW Building
Administrator Wojnowski noted at the meeting last month the Town had received ratification to move forward on the $1.3 Million bond to replenish the fund balance. One bid had been received with an interest rate of 6.52%. He recommended the Town Council not approve the bond but rather slowly and progressively build the fund balance. The Town would not be utilizing the fund balance to reduce the tax rate unless specifically instructed to do so by the Council. The fund balance is approximately $530,000. The Town has the ability to go for a tax anticipation noted if they felt that was necessary. The Town can apply for a bond in a period of time if the market is favorable at that point.
Councilor Minutelli expressed his concern with the recommendation stating the Town Council had asked the voters to approve this process, which they had. This had been done in order to remedy procedural defects. He is troubled the reserve fund is so low and the interest rate is so high. He had reviewed the email between the Finance Director and the representative from the Bond Council stating there is no penalty for paying the bond early.
Chairman Glennon noted on a twenty-year bond for this amount, the Town would pay back $937,000 in interest.
Finance Director Don Parnell explained the bid had been received last week; he was unsure what the rates were today. The bank indicates rates are swinging by .3% and .4% each day. He felt there would be additional funds added to the fund balance when the final audit numbers were in.
Motion: To reject the bid for bonding of the Fire/Rescue DPW Building from Northway Bank per the advice of the Finance Director and Town Administrator.
Motioned: Councilor Ploski
Seconded: Vice-Chairman Carr
Councilor LaBranche asked if it would be wise to initiate a line of credit to have on hand since the fund balance is so low. The Town would not use it unless necessary and would not have to pay on it if unused.
Administrator Wojnowski noted he would look into it.
Councilor Minutelli asked if the bond was good in perpetuity.
Administrator Wojnowski answered the bond is good until the town body votes to rescind it.
Councilor Kwaks asked for calculations on savings if the bond was paid off faster.
Finance Director Don Parnell explained the Town has no credit rating as all bonding has been done through the bond bank using their credit rating. It would cost the Town approximately $20,000 to establish credit.
Councilor Minutelli noted the interest rate is not just market driven as the bond bank also looks at the balance in the general fund.
Vote: 6-1 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Aye
Councilor Minutelli Nay
Vice-Chairman Carr Aye
Chairman Glennon Aye
Motion: To instruct the Finance Director and Town Administrator to seek a line of credit with a bank.
Motioned: Councilor LaBranche
Seconded: Councilor Kwaks
Vice-Chairman Carr asked what amount would be sought.
Councilor LaBranche suggested the Finance Director and Town Administrator explore the options and the Council discuss this at a future meeting.
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 noted the Council would discuss agenda item #7 at this point and would then continue on with the scheduled agenda.
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7. Resolution #2008/09-07 Fund Balance Policy
Chairman Glennon reminded Councilors they discussed this at the workshop and had asked it be put into the form of a Resolution.
Motion: To accept Resolution #2008/09-07 relating to the Fund Balance Policy.
Motioned: Councilor Bergeron
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
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3. Lou Caprioli
Chairman Glennon asked Councilors if they had an opportunity to walk the site. Mr. Caprioli would like additional space for parking. Administrator Wojnowski had walked the property with Mr. Caprioli and is recommending a clear cut boundary rather than zigzagging around the granite posts.
Louis Caprioli of 40 Riverbend Road explained the property is in the shape of a pie slice. He would like to put in a parking lot out back but in order to do so without having cars backing out onto Town property there would need to be an exchange of land. Town employees are paid to cut this section of land and the land is not on the tax roll. If he was to take ownership of the land the land would be added to the tax rolls once again and the Town would save money in employee wages. He is researching concrete with specialty coating and lighting. He is not in favor of the fence but was not against trees.
Chairman Glennon recommended abbreviate rather than trees to ensure screening year round.
Councilor Bergeron suggested the Tree Committee could provide recommendations.
Councilor Kwaks asked about the sewer line.
Louis Caprioli explained he had installed a gas line for heat. He has one apartment on the second floor and an artist space downstairs. There is room for another apartment downstairs. He anticipated between four and five vehicles.
Councilor Ploski asked if there were wetlands on the property.
Louis Caprioli answered he did not know of any wetlands on the property.
Councilor LaBranche asked if this would need to go through the Planning Board.
Administrator Wojnowski explained this would be a subdivision as Mr. Caprioli would be acquiring land from the Town. The Planning Board would need to review the subdivision plans.
Louis Caprioli explained there is an easement the Town owns that doesn’t show on the paperwork.
Public Works Director Rick Malasky explained there is a drain line through the property that is in current use. It is buried very deep.
Motion: To authorize the Town Administrator and Louis Caprioli to work together on the market value of the property and to come back to the Town Council with a proposal.
Motioned: Councilor Ploski
Seconded: Councilor LaBranche
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 noted he would let Drew Kiefhaber speak at this point in the agenda.
Drew Kiefhaber of 50 Elm Street stated as the Chairman of the Open Space Committee he had received a request for additional funding regarding the Smith Property off Wadleigh Falls Road. In April he had come to the Town Council with the Open Space Commission’s recommendation of releasing $92,000 for the acquisition of this property. At that time it was believed the property was 90 acres in size. It is now believed the property is approximately 120 acres. The Great Bay Resource Protection Partnership is acting as the acquisition agent. The Town of Newmarket would receive an easement on the property conserved. The majority of the land is in Durham, New Hampshire, but the value is in Newmarket. The easement will help conserve the land to protect ground and surface water resources including Follet’s Brook. There would be public access for passive recreation. The Great Bay Resource Protection Partnership has asked the Town to fund the portion for an updated appraisal on the easement. The Open Space Commission has not met formally to discuss this, but he has spoken with every member but one; all are in favor of the transaction. He noted he had not spoken with Ellen Snyder but assumed she would not vote because she is an interested party with the Great Bay Resource Protection Partnership. The Open Space Commission is contributing $750 to help pay for the appraisal update. The Conservation Commission contributed $1500 for the original easement appraisal cost.
Motion: To authorize the Town to expend up to $750 for the cost of an updated appraisal of the Smith property.
Motioned: Councilor Minutelli
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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4. Request of Thermo Imaging Camera and Turnout Gear – Fire Department ISO Capital Reserve Account
Fire Chief Rick Malasky noted he was requesting the release of $15,000 for the Turnout Gear and $14,862 for the Thermal Imager, which is currently over 10 years old. The invoice the Council has is only a portion of the order. This has been approved through the budget process. The turnout gear is the protective clothing worn; he would purchase three sets of interior fire fighter gear and three sets of medical gear. With the $15,000 spent annually usually ten sets are purchased. The thermal imaging camera the department had is over ten years old. This equipment usually goes on most calls.
Vice-Chairman Carr commended the department on a job well done noting she had recently needed to use their services.
Motion: To authorize the expenditure of up to $15,000 for the purchase of turnout gear and $14,862 for the purchase of a thermal imaging system from the ISO CIP account.
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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5. Request of Power Stretcher – Fire/Rescue
Fire Chief Rick Malasky noted the department only has manual stretchers. Most departments have gone to power lift stretchers, which will hold up to 700 pounds. This piece of equipment could help prevent workers compensation claims; there are one or two a year filed. He did not remember the last time the department had purchased a new stretcher.
Councilor Ploski asked how this would work on a steep hill similar to the situation that happened last year on Lamprey River.
Fire Chief Rick Malasky noted the EMTs would not have to lift the stretcher. In a situation like that one, the victim would be carried up the hill in a stokes basket and transferred to the power lift. He discussed the extended warranty noting the batteries typically get four years of use. The warranty would also cover preventative maintenance such as replacing the hydraulic fluids.
Administrator Wojnowski explained the funds would come from the CIP fund because the Town had just set up the ambulance revolving fund.
Motion: To authorize the release of $12,994.87 from the ambulance CIP fund for one Stryker Model 6500 Power Pro Ambulance Cot with the five year extended warranty.
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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6. Community Center Roof Quote
Public Works Director Rick Malasky referenced the spreadsheet noting the community center’s roof is leaking. He recommended accepting A & M Roofing and Son stating he has not heard anything negative about them. He has not received any referrals; John Puhopeck handled this and has made the recommendation.
Chairman Glennon noted he had been at the community center last week for a meeting, had seen Amy’s office and was stunned to see the problem. He asked if the roof would be checked for mold.
Public Works Director Rick Malasky noted John Puhopeck had not addressed that with him yet; he would speak with him tomorrow.
Motion: To accept the bid from A & M Roofing and Son from Somersworth for roofing of the community center with an amount not to exceed $25,000. He noted a Certificate of Insurance would be provided prior to the work beginning.
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
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8. Town Council to Consider Nominations, Appointments, Elections and Resignations:
a. Dana Glennon, resignation from ZBA
Chairman Glennon referenced his resignation letter from the Zoning Board of Adjustment dated September 8, 2008.
b. Black Bear TIF – Candidate Michael Ricker – Term Expires May 2011
Chairman Glennon explained Michael Ricker has re-applied for a position on the Black Bear TIF for the term expiring May 2011.
Motion: To nominate Michael Ricker to the Black Bear TIF for the term expiring May 2011.
Motioned: Councilor Kwaks
Seconded: Councilor Ploski
Vote: 4-3 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Nay
Councilor LaBranche Nay
Councilor Ploski Aye
Councilor Minutelli Nay
Vice-Chairman Carr Aye
Chairman Glennon Aye
Energy Committee – Candidate Clay Mitchell
Chairman Glennon noted the terms would be for three years and would be staggered.
Motion: To nominate Clay Mitchell to the Energy Committee for the term expiring May 2011.
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
Motion: To revote for Jennifer Jarvis’ application for a position on the Advisory Heritage Commission for the term expiring May 2010.
Motioned: Councilor LaBranche
Seconded: Councilor Minutelli
Chairman Glennon recommended Jennifer Jarvis reapply as Michael Ricker has. Once the application is stamped, it will be placed on the agenda.
Vote: 3-4 Motion carries
Councilor Kwaks Nay
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Nay
Councilor Minutelli Aye
Vice-Chairman Carr Nay
Chairman Glennon Nay
Chairman Glennon suggested Jennifer Jarvis resubmit an application if she was interested in being on the Advisory Heritage Commission.
Jennifer Jarvis asked if her not resubmitting her application was the reason the Council members voted no for reconsideration of her appointment.
Chairman Glennon stated it was.
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11. Town Administrator’s Report
Town Administrator Ed Wojnowski explained there was a meeting a week ago for residents off Ash Swamp Road to discuss sampling the water for 1, 4 Dioxane. It has been found this compound has not migrated off the site, but there were instances where arsenic and MTBE were found. Residences off Jan Lane were also tested. There is a meeting scheduled for October 21, 2008 in Concord with DES officials to discuss the landfill and the possible expansion of the groundwater management zone to the South. CMA and United Technology would be present for the meeting.
Chairman Glennon noted he had been involved in a conference call Sunday evening with Administrator Wojnowski, Arlon Chaffee and F. X. Bruton to discuss the Eagle’s requested changes to the lease agreement. The Eagles had requested a six-month guarantee of occupancy of the Eagles Building. In addition, they would like an additional 60 days beyond the six months, written notice when they plan to vacate the building. After some discussion, it was agreed to grant the Eagles four months guarantee of occupancy followed by an additional 60 days notice to vacate. Chinburg Builders had been contacted by the NCDC regarding this decision and had not had any issues with the decision.
Administrator Wojnowski explained if the Council agreed, these changes would be incorporated into the lease agreement, which would be signed at the closing scheduled for tomorrow.
The Council discussed how and when the building would be turned over to the developer and whether accommodations had been made to allow the Eagles to remove property from the building prior to demolition.
Motion: To amend the lease agreement to show a four-month guarantee of occupancy with an additional 60 days notice to vacate.
Motioned: Vice-Chairman Carr
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
Administrator Wojnowski noted he had provided information about the upcoming Harvest Festival being held downtown with help from downtown businesses and the recreation department. The festival would be held on Saturday, October 25, 2008 from 12:00pm until 5:30pm. There would be jack-o-lanterns, costumes and a band. Festivities would take place mostly in the Bank of America and Post Office parking lot.
Administrator Wojnowski noted Weare, New Hampshire selectmen had done away with laptops. The laptops had been used primarily for email. Doug Poulin would speak with Bedford. Laptops would be approximately $450 each. He would work with Doug Poulin to gather further information.
Councilor Minutelli felt this was a good idea to pursue particularly for the email since the change in the Right to Know laws. He noted Councilor’s personal computers could be subject to review under this law.
Administrator Wojnowski noted the Municipal Association has scheduled their annual three day conference at the Center of New Hampshire from November 12th to November 14th. There would be a variety of different vendors discussing planning and energy. There are funds in the Town Council budget for Councilors to attend.
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9. Old Business
Councilor Kwaks asked where the wage study stood.
Administrator Wojnowski noted they continue to move forward on this and hope to have something to the Council in November.
Councilor Kwaks noted the Conservation Commission had worked with Mark West and UNH students on designating prime wetlands but had left out Follett’s Brook because the Town had been looking into utilizing the brook for water. Sixteen out of Seventeen properties have been designated; Follett’s Brook being the last one. She asked if the Council could look into designating that area as a prime wetland.
Councilor Minutelli asked for an update on Durham’s request to meet and discuss school issues.
Vice-Chairman Carr noted she, Councilor Bergeron and Councilor Ploski had met with Durham Councilors. They had discussed basic problems including climbing enrollment and rising costs.
Councilor Bergeron noted there is a meeting on October 14, 2008; there would be a representative from Lee and Madbury there as well. The superintendent from each SAU would also attend.
Councilor Ploski recalled a group had been set up consisting of one Councilor/Selectmen from each town, two School Board members and one superintendent. Councilor Bergeron is the Town Council’s representative. These meetings are open to the public. The next meeting would be held on October 14, 2008 at 7:00pm in the Newmarket Town Hall Auditorium.
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10. New Business
Councilor LaBranche asked for a discussion on the St. Germaine property and the flooding they have experienced during the heavy rains. He noted the volunteers of the fire department have been watching the water be pumped from the property. He felt Public Works employees would be better off doing this as the Town should not ask fire volunteers to work outside their scope of work.
Chairman Glennon understood fire trucks were being used to pump the water.
Administrator Wojnowski noted he has been working with the St. Germaine’s and has been looking at the Jones and Beech report to identify the issues. The Town Council would discuss this issue and would discuss depositing money into the CIP to address funding.
Councilor Kwaks felt this began a few years ago when the pumping station was down.
Administrator Wojnowski noted when the development on Folsom Drive went in, water began running down the hill and collected at the bottom of Folsom Drive and Hersey Lane. He explained about the trench in the St. Germaine’s backyard and the route to the catch basin.
Councilor Kwaks asked if the developer is in compliance with the application. She asked if the Planning Board has reviewed the site plan for compliance.
Councilor Ploski asked if there would be any recourse on the developer since the development was done in the 70s or 80s.
Chairman Glennon noted a legal opinion would need to be obtained.
Councilor Bergeron felt the Council should discuss the comments made by Jennifer Jarvis during the public comments portion of the meeting.
Chairman Glennon asked for a show of hands from Councilors who felt this needed to be discussed.
Each Councilor raised their hand.
The Council discussed available meeting times. A public meeting was scheduled for 7:00pm on October 8th following a non-public at 6:30pm.
Chairman Glennon noted that with no reflection of what had happened earlier this evening, he felt it was necessary to remove Councilor LaBranche from the Black Bear TIF. He felt Councilor LaBranche was working independently from the Committee. a meeting had been scheduled at the Town Hall on Monday to discuss this; Chairman Glennon, Vice-Chairman Carr, Administrator Wojnowski and the Chairman of the Black Bear TIF had been in attendance. He explained the Town Council had charged Councilor LaBranche with getting the Black Bear TIF back up and running. He has found it difficult to meet with Councilor LaBranche referencing a memo dates June 13, 2008 requesting all communication be done via email or in front of the Council. He discussed conversations Councilor LaBranche had with a Fortune 500 Company without the Chairman of the Black Bear TIF being present or aware. Councilor LaBranche also wanted to change the ordinance to allow a member at large. He noted any changes to ordinances need to come from the Committee and not individual Councilors. After discussing this issue with Black Bear TIF Chairman Sue Levy, it was determined proper procedure had not been followed. He did not name a replacement.
Councilor LaBranche noted he had informed the entire Council in writing of his activities and the initial discussions he was having with an agent for an individual who was requesting more information about a property within the Black Bear TIF. The last meeting on record for the Black Bear TIF was January 23, 2007. He was charged with getting the Black Bear TIF back up and running. He contacted the only member at that point, Sue Levy. He recommended a member at large to increase membership. Membership consists of one representative from the NCDC, Planning Board and Town Council. There are also three property owner members. He asked for a discussion to be put on the agenda about the recommendation of adding a member at large. He had been notified about the meeting Monday evening, but had prior commitments and was unable to attend. He had provided several alternative dates and times to hold the meeting, but the meeting was still held on Monday. He felt the Chairman was making a mistake as he has put in a lot of effort into this Committee.
Chairman Glennon acknowledged Councilor LaBranche efforts and stated he would have liked Councilor LaBranche to follow the procedures and protocols. He noted Janice Rosa had also been a member before she was replaced.
Councilor LaBranche noted that all Committees, as with the Town Council, hold elections every May. Janice Rosa and John Ahlgren’s terms had lapsed. He discussed the $8,000 spent without permission for the Arbor Park.
Administrator Wojnowski noted Councilor LaBranche had called him asking for information for the Black Bear TIF stating he was told there was a company that was interested in receiving information about the area. After discussing this briefly, a meeting was set up so information could be provided. He felt this was no different than what he would have done for any member of the community asking for additional information. He asked if the Chairman needed to be called every time a request for more information came into his office. His responsibility is to provide the requested information. At the meeting, the information was provided and the interest was discussed. The individual was interested in Newmarket because of the location of the railroad. There are ten locations that are being shown to this company outside of Newmarket. Had the Black Bear TIF held their meeting as scheduled, this information would have been shared. That meeting had been postponed until later this month. He noted this was no slight to the Town Council Chairman or Black Bear TIF Chairman.
Chairman Glennon felt the Chairman of the Black Bear TIF should have been notified. He added members were on Committees until officially replaced.
Councilor Bergeron asked the Chairman to reconsider. He felt Councilor LaBranche was working hard trying to get businesses into the Town.
Councilor Ploski felt the Council had discussed this enough and recommended adjournment.
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12. Adjournment
Motion: To adjourn at 9:47pm.
Motioned: Councilor Ploski
Seconded: Councilor Kwaks
Councilor LaBranche asked if he was the Town Council representative to the Black Bear TIF.
Chairman Glennon answered Councilor LaBranche was no longer the Town Council representative to the Black Bear TIF.
