Chairman Glennon called the meeting to order at 7:00pm.
Chairman Glennon welcomed members of the Conservation Commission stating the Council would be interested in hearing what the Conservation Commission members had to say about the subjects being discussed tonight. He noted one goal the Council had set up was to deal with the water issues. There are a number of people present tonight to speak on such issues.
> 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. Report by Steve Clifton, Underwood Engineers, Inc. – Waste Water Infiltration/Inflow Analysis
Frank Underwood from Underwood Engineers stated there had been a study and presentation done in 2002. He noted Steve Clifton and Terry Desmaris were here as well.
Terry Desmaris provided additional handouts to the Conservation Commission and audience members.
Steve Clifton presented a Microsoft PowerPoint presentation entitled EPA AO and Sewer System Evaluation Survey. This presentation included an overview on the Wastewater Facility Plan update, EPA Administrative orders, and the Sewer System Evaluation Survey. During the facility plan update in 2002, a $7.3 million dollar program had been recommended, including updating of the Wastewater Treatment Facility and collection systems improvements. He explained there is low dissolved oxygen in the Lamprey River, concerns about nitrogen limits and the NH DES is concerned about Eel Grass in the Great Bay estuary. He discussed the EPA Administrative Order, negotiations that had commenced and a recommended implementation schedule.
Terry Desmaris explained the Sewer System Evaluation Survey Report stating there are approximately 27 miles of 6″ to 24″ diameter sewer lines, 900 manholes, six public pumping stations, four private pumping stations and 1.8 miles of force mains. The purpose of the survey is to find causes of infiltration and inflow such as broken or cracked pipes, disrupted manhole covers and sump pumps. Fieldwork had been done, including six meters throughout the town that would take readings every five minutes for 24 hours per day, for seven weeks. This data included flow isolation, manhole inspection, smoke testing and dyed water studies. 52% of the sewer system was studied. He discussed typical approaches to determine infiltration and inflow. The town had been split into “meter basins”. Infiltration and inflow was found to be excessive in five of six “meter basins.” It was determined it would be more cost effective to the sewers in “meter basin 5.” He showed pictures of manhole deterioration, and pipe cracks and breaks. He made several suggestions on fixing the problem as well as several recommendations, including sewer map improvements, manhole rehabilitation, and replacement of utilities in New Village. After the evaluation of success of these projects, additional sewer system rehabilitation and a sump pump removal program could be implemented.
Chairman Glennon asked why Moody Point and Salmon Street were not included in the study.
Terry Desmaris noted there is a significant amount of issues in those areas. There are a number of manhole deficiencies. Those areas were looked at during the fieldwork portion.
Water Superintended Sean Greig stated he has discussed the Moody Point manholes with the Moody Point Association. Moody Point will fix their own manholes as it is a private community.
Steve Clifton stated it is important to get infiltration and inflow under control before discussing treatment plan updating.
Administrator Wojnowski explained Exeter Street and Main Street has been tied into the storm water management system as opposed to the Wastewater Treatment Facility.
Water Superintendent Sean Greig stated the New Village system is a nightmare. Most pipelines are original. For new water and sewer utilities in New Village, the cost would be roughly one million dollars. Rehabilitation of manholes has already started.
Councilor Kwaks noted there should be some contact with Public Works to ensure the Town is not digging up recently paved roads.
Councilor Bergeron asked if fines had occurred because of the EPA Administrative Order.
Water Superintendent Sean Greig stated the Town has been able to meet the schedule thus far, so no fines have been assessed. The Town is working under an expired permit. The new permit is being held up; nitrogen limits are not far from being imposed.
Conservation Commission Chairman Bruce Fecteau asked if the infiltration and inflow water that is seeping into the system was removed, if the nitrogen levels would be increased because the water is no longer being diluted.
Water Superintendent Sean Greig recommended removing as much water as possible; he suggested fixing the manholes and addressing New Village.
The Council asked for a quarterly update on the rehabilitation of the manholes.
Water Superintendent SeanGreig stated he would like to work with Underwood Engineers on getting a price on updating the facilities plan.
Chairman Glennon asked if there were any Councilors who wanted to add items to next week’s 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;"
3. Jamie Emery and John Brooks – Groundwater Testing
John Brooks of Emery & Garrett explained the Town had hired Emery & Garrett to assess the water supply in Newmarket. This assessment consisted of two parts; artificial recharge of the Bennett Well and groundwater exploration and development. He discussed the several phases that have been completed, including preliminary hydrogeological evaluation, selection of groundwater development zones, selection of test well targets, geophysical surveys, test well drilling, production well conversion, preliminary testing of yield and water quality, submission of preliminary hydrogeologic report to NH DES and water withdrawal application. The next phases of work would include determining the sustainable yield and water quality of the production wells, and submission of the final hydrogeological report. He explained the process of determining locations for well exploration. There were eight groundwater development zones recommended for future exploration. Fourteen exploration test well sites had been selected. He discussed pump testing.
Administrator Wojnowski noted the Conservation Commission had been invited to tonight’s meeting because a major wetlands dredge and fill requirement is needed.
John Brooks explained in speaking with Dori Wiggin, this process would require a public hearing and would be held locally within a month’s time period. He requested Conservation Commission support. There would be habitat mapping around the parameters of the well.
Jamie Emery explained this was the first time they have been asked to do a full blown application for a simple procedure. No weir would be installed. He suggested a meeting with a representative from the Conservation Commission with Rennie Pelletier may eliminate the need for this drawn out process.
The Council discussed the well locations and which ones have been presented to NH DES to be considered for permanent production.
Conservation Commission Vice-Chairman Ellen Snyder asked if the wells were located on one piece of property.
John Brooks stated the wells were located on multiple properties, but they have received waivers to do the testing.
Conservation Commission Chairman Bruce Fecteau set up a meeting with Administrator Wojnowski for Thursday, October 30, 2008. John Brooks would also attend that meeting.
Councilor LaBranche asked if the Council could discuss the locations of the wells at the next 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;"
3. Peter Garrett – Bennett Well Analysis
Peter Garrett made a PowerPoint presentation explaining the value of artificial recharge at the Bennett Well site. He referenced Professor Matt Davis from UNH and Mike Metcalf from Underwood Engineers, Inc. He explained there had been an artificial recharge attempt during 2002, 2003 and 2004. He discussed water levels and precipitation amounts from 2000 to 2006. He explained the purpose of the monitoring wells. He discussed calibration data. He also showed several simulations beginning in March 2002. He also discussed “what if” scenarios explaining the precipitation, artificial recharge and water levels. He discussed the next steps including evaluating the constraints at the intake at the Lamprey River in Lee, evaluating the pipeline route to the Bennett recharge basin site, easements, permitting/installation of intake, design/construct recharge basin, temporary pipeline and a field pilot test.
Conservation Commission Vice-Chairman Ellen Snyder asked why the water would be taken from the river during the winter, when it is low flow.
Peter Garrett explained the winter is a high flow period of time; the summer is low flow. The artificial recharge would be done during the winter months when levels are high.
Peter Garrett referenced a financial breakdown of cost estimates for artificial recharge phases moving forward. He noted the project is on budget.
Chairman Glennon asked where negotiations are at with the Town of Lee.
Administrator Wojnowski noted there are preliminary discussions going on.
Chairman Glennon asked where the funding would come from for Phase III.
Administrator Wojnowski noted the Town would probably enter into a phase of borrowing funds. The sewer enterprise fund would not be able to sustain that amount.
Water Superintendent Sean Greig noted those kinds of projects would be part of the CIP.
Chairman Glennon noted the former Town Council Chairman, Brian Hart had been involved in those discussions. He asked the Council for approval for him to be allowed to continue that same process and have this discussion with Administrator Wojnowski.
The Council agreed.
Mike Metcalf explained initial studies had shown the water quality being poor for in Town intake from the river. Initial discussions with Lee had not been favorable, which is why the Town had to look at alternative intake locations.
> 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. Discussion Regarding the Tax Rate
Administrator Wojnowski explained there had been discussions about the tax rate when the town had first received the interest rate for the bond for the DPW building. He discussed what not using funds from the fund balance would do to the tax rate with Finance Director Don Parnell and Assessor Andy Blais. The assessing increase was more than anticipated for this year. As they looked at putting together the tax rate, they anticipated the tax rate to increase by $1.38 just on the Town side. They felt this was an unacceptable increase and began discussions on how to minimize the affect overall. They discussed the fund balance and the TIF District captured revenues.
Finance Director Don Parnell noted revenues had come in over budget estimates, debt service was less than anticipated due to the bond payment and all departments within the budget under spent their budgets. Fiscal year ending June 30, 2008 was favorable in terms of surplus.
Administrator Wojnowski explained they had then looked at the TIF District and how much was needed to ensure the funds were secure to finish the projects within the TIF District. He added the TIF still captures revenues. He discussed the funds that would come from the developer back to the Town for purchase of the Eagle’s building. It was their recommendation the Town Council approve using $420,000 of the fund balance and $360,000 from the TIF District captured revenues to use to reduce taxes. With the use of these funds, the tax rate would be a $.20 increase.
Chairman Glennon was concerned whether the funding the developer had in place would still be available to them after the project goes through the planning process. He also asked whether the Town would still consider bonding the DPW Building in the future.
Finance Director Don Parnell explained the Town had been approved for a line of credit. The Town would have access to that around December 1, 2008.
Councilor LaBranche asked if TIF monies could be used to buy down a tax rate.
Finance Director Don Parnell noted he had spoken with DRA and had in writing that use of TIF funds is okay.
Administrator Wojnowski noted construction costs had been evaluated for projects within the TIF District. Project Coordinator Julie Glover has been involved with these discussions as well in order to accurately make these projections. The Town owns Riverdale and 1 Prescott Street.
Motion: To authorize the Town Administrator to utilize $780,000 to reduce the tax rate for 2008.
Motioned: Councilor LaBranche
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
> 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. Old Business/New Business
Motion: To get a legal opinion from Attorney F. X. Bruton when legal advice is given from Town Counsel to the Town Administrator is the advice subject to Attorney/Client privilege and if so, who has the authority to waive this privilege and communicate the advice to a third party, non-client. Define who the client is in this instance.
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 allow the Town Council Chairman to obtain legal counsel as needed as there is nothing in the Town Charter that prohibits this contact.
Motioned: Councilor Kwaks
Seconded: Councilor Ploski
Councilor LaBranche noted he has spent a lot of time reading the Town Charter over the last few weeks. He had a difficult time designating a person to get legal opinion. He noted nearly every portion of the Town Charter states the Council, which he understood to be a body of people. He felt the Town Council should be informed of all legal opinions being requested. If the motion stays as is, this would be his reason for voting nay on this motion. The exception to his feeling is if legal opinion was being requested pertaining to a particular Councilor or the Town Administrator; in this case all but the person involved should be informed.
Councilor Minutelli noted this was addressed in Section 4.14 of the Town Charter. He felt the public had a right to see in this public forum what the Council would be requesting legal counsel for. He felt this was no reflection on the sitting Chairman. He did not support the motion as stated.
Councilor Ploski requested the Council to refer to Town legal counsel as “Town legal” versus “Town counsel” particularly for those listening at home. He noted there had been a recent issue where the Town Administrator had gone to legal counsel without direction of the Town Council. He felt there needed to be more guidelines. There were Town Council issues that would need to be referred to legal counsel; he felt the Town Council Chairman would need to handle those.
Vice-Chairman Carr asked where a vote from Town Council would come in to play with directing someone to request legal counsel.
Councilor Kwaks felt the Town Council Chairman should have the ability to get an immediate answer from the Town attorney if necessary to facilitate the next meeting. She did not want to impede the progress of the Council by not allowing the Chairman to ask for legal opinion when necessary.
Chairman Glennon suggested the Council is trying to rectify the issue. He noted former Town Council Chairmen had gotten advice from legal without consent from the Town Council. He felt the Chairman should not impede the Town Administrator’s responsibilities. He suggested the motion read “the Chairman have the authority to speak to legal counsel when it relates to the Council and its own governing body and when an issue involves the Town Administrator”. He interpreted Section 4.14 of the Town Charter as stating the Council would choose as a body which attorney to use. He suggested perhaps the Council needed a legal interpretation on the wording of Section 4.14.
Councilor LaBranche hoped that in the event of an emergency opinion, the Town Council would be notified in some manner. He would be comfortable with the motion reading the Chairman could get legal opinion with a vote from the Town Council. He suggested the Council could work on amending the Charter if necessary.
Councilor Bergeron stated he didn’t have a copy of the Town Charter in front of him tonight and asked for the Council to take this up at a future meeting so he could be prepared when discussing the issue.
Chairman Glennon asked what specifically Councilor Bergeron needed more time for.
Councilor Ploski asked if the motion could be amended to read “and when time allows, for the Chairman to contact the Council.”
Chairman Glennon felt that would be ambiguous.
Councilor Ploski noted he was trying to make a compromise. He felt the Chairman should be able to contact legal counsel when necessary.
Vote: 3-4 Motion fails
Councilor Kwaks Aye
Councilor Bergeron Nay
Councilor LaBranche Nay
Councilor Ploski Aye
Councilor Minutelli Nay
Vice-Chairman Carr Nay
Chairman Glennon Aye
Councilor Minutelli asked if the Council could discuss how responsibilities would be allocated at the election.
The Council discussed whether Councilors needed to be there all day. It was decided Councilors did not need to be there all day.
Vice-Chairman Carr noted she would be there all day.
Councilor Ploski noted he was working on getting the day off.
Chairman Glennon noted he would be available in the evening. He recommended Councilors contact Town Clerk/Tax Collector Becky Benvenuti as to their availability.
Councilor LaBranche noted per the Charter and contractual agreements, the Council owes the Town Administrator an evaluation.
Chairman Glennon noted he had worked on that yesterday with Vice-Chairman Carr. He has a target date to get done, but had waited three weeks for Councilors to get the information together.
Councilor Ploski noted he had been asked by the President of the Historical Society to put together a resolution. The Town recently removed a sign stating Newmarket was the home of Lynn Jennings. It was his understanding these signs ended up getting thrown out. The President of the Historical Society would like a process in which items that could be considered historical be offered to the Historical Society prior to being disposed of. He asked for discussion on the wording for specificity at a future meeting. He added the Historical Society building needs a new roof; any donations would be appreciated.
> 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;"
