Chairman Dana Glennon Councilor Michael E. Ploski (excused)
Vice-Chairman Judith Carr
Councilor James Bergeron
Councilor Rose-Anne Kwaks
Councilor Michael LaBranche
Councilor Steve Minutelli
Administrator Ed Wojnowski
Chairman Glennon called the meeting to order at 7:00pm.
Chairman Glennon noted Councilor Ploski is excused from the meeting due to a death in the family. On Tuesday, November 25, 2008 there will be a non-public meeting to discuss Administrator Wojnowski’s annual review. This meeting will start at 6:00pm.
Chairman Glennon acknowledged the Council had received a Citizen’s Petition which has been through legal review. Not all Councilors have had the opportunity to ask legal counsel their questions, so this discussion will be continued to next Tuesday following the non-public. The public session will begin at 7:30pm. This will be a public meeting, but no public input will be taken. The Council will meet with legal counsel tomorrow at 6:00pm to discuss the process to move forward.
Councilor LaBranche asked why the Petition discussion could be continued when it is not part of the posted agenda.
Chairman Glennon noted he assumed it would be brought up under New/Old Business.
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1. Public Hearing: Ordinance #2008/09-02 M-1 Rezoning
Chairman Glennon thanked the Planning Board and Town Planner Diane Hardy for their hard work.
Town Planner DianeHardy discussed the process the Planning Board had taken in discussing the proposed ordinance including the work sessions, public hearings and resident’s comments. The Planning Board felt they were bringing to the Town Council and the Town a comprehensive rezoning package for the M-1 District, which would help bring to fruition the goals of the Master Plan. She made a Power Point presentation showing the topics the Board discussed, a map of the area and a brief history of how the Board came to be charged with this task. She discussed the change to the Table of Permitted Uses, the balance between residential and commercial, artist live/work spaces and bonuses the developer could strive for. The Board had anticipated possible phasing of the project and had addressed that as well. The ordinance has been reviewed and approved by legal counsel. The Planning Board recommends to the Town Council this ordinance be adopted as presented.
Town Planner Diane Hardy joined the Town Council.
Motion: The Town Council adopt ordinance #2008/09-02 M-1 Rezoning.
Motioned: Councilor LaBranche
Seconded: Vice-Chairman Carr
Town Planner Diane Hardy noted procedurally, the public hearing should be opened before a motion is made.
Councilor LaBranche rescinded his motion.
Vice-Chairman Carr rescinded her second.
Chairman Glennon opened the public hearing at 7:19pm.
Bernard Gordon of 6 Bay Road stated he has been a resident of Newmarket for half of his life. He asked for a definition of residential; whether the units would be owned or rented.
Town Planner Diane Hardy explained under New Hampshire State Planning Law the Town cannot discern between whether a unit is rented or owned. She understood the NCDC has entered into an agreement with a prospective developer.
Sylvia Vonhellock of 40 Elm Street noted she had asked Town Planner Diane Hardy several questions and had attended many of the public meetings. She asked about developable gross floor area expressing her concern this was not defined. She suggested including what the Board’s intent was to clarify this gray area. This will likely be a multi-year project. It was unlikely the new Board members would recall the intent of this Board. She asked why light manufacturing and warehousing had been waived as uses. She referenced the truck traffic Elm Street recently had to endure due to the downtown construction. She loved Newmarket for investing funds into their downtown.
Town Planner Diane Hardy explained the Planning Board had extensive discussions regarding the definition of density and the formula used to determine that density. Initially the Board had discussed using gross floor area but it had been brought to their attention by the NCDC and architects there are many areas within the buildings which are not useable due to dirt floors, low ceilings and crawl spaces. She referenced a report by Pat Sherman indicating only 68% of the area within the mills is useable for redevelopment. The Board had revised the language in the proposed ordinance to reflect this. The developer will need to provide data to the Planning Board showing the unusable portions. Light manufacturing had been reviewed as part of the Table of Permitted Uses; the Board had felt strongly this use should remain. It had been important to them to provide as much flexibility as possible. Any impacts will be considered as part of the review process.
R. Scott Quinlan of 366 Cushing Road asked if the 70%/30% residential/commercial split was a fixed number. He asked if the entire development could be either residential or commercial.
Town Planner Diane Hardy explained the developer can utilize up to 70% of the developable area for residential use. The Board originally had recommended 60%/40% but reports the NCDC showed the market would not support that amount of commercial space. Other communities have had a difficult time filling their commercial space. There are density restrictions on multi-family use. This ordinance would permit multi-family use as part of an overall development plan by Special Use Permit.
R. Scott Quinlan suggested this project would be on the hook for another ten years. He asked for clarification on the 68% useable space.
Town Planner Diane Hardy explained she had a copy of Pat Sherman’s report she would be happy to share. She referenced a report dated January 22, 2002 from JSN Architects indicating there is 122, 928 feet of useable space within the 180,000 square feet of area within the mills.
Tom Jennings of 74 Packers Falls Road stated he had been following the water/sewerage problem. At the last meeting there had been the statement made that there would be $1 Million in improvements needed for the Town. There is a problem on Ash Swamp Road and not one representative from water/sewer is speaking on this proposal. He asked the Council to do more due diligence. The Town had voted this down in a non-binding warrant article. He questioned the democratic process in the Town since the ordinance has gotten this far. He referenced the statement made that the Planning Board had listened to the residents. At one of the meetings, Rick McMenimen had expressed his discouragement with having heard so many negative comments with no positive suggestions. The Town did not want this redevelopment.
Chairman Glennon noted the non-binding Warrant Article had been a close vote. This is why the Town Council is holding a public hearing tonight.
Town Planner DianeHardy explained any developer coming forward with a proposal for redevelopment of the mills would be required to complete several impact studies including a municipal services study. She explained there had been discussions with former Water Superintendent George Laney regarding water capacity. It had been determined the mill redevelopment would need between 8,000 and 10,000 gallons per day. With all the outstanding permits and projects that have been approved, it has been calculated there is still 43,000 gallons per day to accommodate new development. It had been former Water Superintendent George Laney’s opinion there is adequate water in the system to accommodate the mill redevelopment.
Chairman Glennon added there are some requirements the EPA will mandate. There is a water study going on now which is looking at water quality.
Tom Jennings asked the water issue to be settled before opening the downtown and the community to a development of this size.
Bernard Gordon stated he has friends and colleagues on the other side of this issue. It is difficult and painful not to be in agreement. He has studied this proposal carefully and felt it was flawed in concept and implementation. There has been no public identification of the developer. He explained there have been several calls to Police Chief Kevin Cyr regarding parties and bonfires near Bryant Rock at 1:00am and 2:00am. This is a large decision to make which would affect the Town for at least the next 50 years. He applauded the work and effort taken on this project. He felt the orientation of residential units is still unclear and too heavy. The bonus system allowing the additional residential units would reduce each unit in size resulting in the units not be marketable as owner occupied units. He understood there is one developer interested in the property and felt it only fair the Town Council understand the burdens, liabilities and weight encumbered by this developer. In Manchester, this developer owes $150,000 in back taxes. This developer developed Bryant Rock which according to the Building Inspector, the roof is in violation of international and Town Building Codes. There is also a law suit in the process at the Rockingham County Courthouse.
Town Planner Diane Hardy interrupted asking comments to remain pertinent to the rezoning of the M-1 District.
Bernard Gordon explained these are relevant comments. The developer on board has encumbrance of many weights. The likelihood this developer would do a good job in Newmarket is questionable. Adding a large number of rental properties on a prize property in Newmarket is a difficult decision to make. The timing is wrong; the economy is weak. This would have a 50-80 year consequence. He asked to hold off on this; this was too heavy a burden for this Town to bear.
Brian Hart of 1 Beech Street explained he owns his home, which has 1400 square feet; he rents out the other side. He wanted to speak in support of the rezoning and the hard work that had gone on creating the document. He was on the Town Council and had heard strong opinions with regards to concerns about high density. Only the NCDC and the prospective developer know whether they can proceed in these economic times. The ordinance was written by the Planning Board not the NCDC or the developer. This ordinance has been written to support the downtown which has multiple rental units including within Bryant Rock, Rivermoor Landing and the brick building. He noted rental is not evil. The Town cannot prevent rental units. He felt the approach was creative by giving back to the developer for providing amenities the Town otherwise would not receive. There is a great cost to the developer for providing public amenities such as indoor and outdoor public space, cultural space, and historic renovation. These buildings are in bad shape. This ordinance speaks to what the community members have voiced. He felt it was appropriate this Public Hearing culminates one week after the downtown has reopened. He supported moving forward on this while the buildings are still in workable condition; before there is catastrophic damage that is irreparable.
Chairman Glennon added there would be significant tax revenue as well.
Anita Gordon of 6 Bay Road asked if the Town would rezone an area every time a new developer comes into Town.
Chairman Glennon noted this ordinance was not set up for the developer. There was a clean message when a previous proposal went through the Zoning Board of Adjustment; what the Town desires is not possible with the ordinance as it is. This is not being done for the developer; this is being done for the Town.
Town Planner Diane Hardy noted this was an NCDC project; a community organization working on behalf of the Town and the betterment of the community. They have been working hard over the past 10 years to redevelop the mills. This is an important element of the downtown strategy. The NCDC works on behalf of the community, not the developer.
Mike St. Laurent of 102 Main Street and 18 Riverbend explained he owns a business in Town. He wanted to express his interest in passing this ordinance. The more people in the downtown area whether rental or owner occupied units, the better for all the businesses, which have taken quite a hit through the Main Street construction. The development within the mills would be in the Town’s best interest. He urged the Council to pass this ordinance.
Arlon Chaffee, president of the NCDC explained this had been a labor of hard work for over 10 years. The NCDC took ownership of the mills in 1997. They have worked hard as a volunteer organization. They are looking forward to introducing the mills as a vibrant part of the downtown. The last tenant, Regal Tube & Sleeving is gone. Manufacturing as a use is also probably gone. There would be a heavy influence of residential while trying to put in a mixed use in the heart of the community. The community wants public access to the water front and courtyard, in order to achieve this, there needs to be incentive for the developer. The community wants the rehabilitation of the buildings to be historic; this would be expensive for the developer and should be rewarded. In the RFP that was sent out there were specific stipulations that were tough and probably scared some developers off. Steve Cecil had explained at one meeting there is 100 million square feet of empty mill buildings in New England. There is approximately 1 million square feet of mill buildings redeveloped every year. If calculations were done, it is clear most of these mill buildings would not see renovation. Trying to get the mills back into vibrancy has been a collaborative process between the Town Council, Planning Board, Zoning Board, NCDC and the input by the community. He supported this ordinance.
Chairman Glennon closed the Public Hearing at 7:57pm.
Motion: The Town Council adopts Ordinance #2008/09-02 Relating to the Rezoning of the M-1 District.
Motioned: Councilor LaBranche
Seconded: Vice-Chairman Carr
Councilor Kwaks referenced Tom Jenning’s remarks asking if the referendum petition and vote legally binds the Council according to the voter’s decision.
Chairman Glennon noted the Warrant Article was non-binding.
Councilor Kwaks hoped by the time the mills were built out, the water issue would be corrected.
Councilor LaBranche stated he has been on the council for 2 ½ years and has had the privilege of walking through the mills a number of times. Since the first time he has seen the deterioration continuing. The clock is ticking on these buildings. The Town has the opportunity to do something; he urged Councilors not to let this opportunity pass.
Chairman Glennon referenced Bernard Gordon’s statement about late night activities and asked Administrator Wojnowski to look into those complaints. Any reports such as these need to be taken seriously regardless of where they are taking place.
Bernard Gordon stated these activities have been reported formally at least four times. As a professor for 38 years, he was not fond of placing blame on UNH students, but felt that was who is creating the problems. This area is seen as an extension of summer camp.
Chairman Glennon noted light manufacturing was allowed and asked if the hours had been limited.
Town Planner Diane Hardy answered light manufacturing hours had been limited to 7:00am until 7:00pm, seven days per week.
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon stated he would allow Steve Schuster from Chinburg Builders to speak about parking at this point in the agenda.
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3. Steve Schuster – Memo of Understanding – Parking
Steve Schuster, Vice-President of Development with Chinburg Builders explained they were operating under a letter of intent as the preferred developer for mill redevelopment. They are working on a Purchase and Sales agreement resulting from the submission of a proposal for redevelopment sent in response to the RFP. They have moved enough ahead to start doing certain things concurrently. The memo of understanding between the NCDC and the Town references Lot 60-A and 61; parking behind the library. This was an opportunity to control the property in order to provide parking which would be a necessary component to redevelop the mills.
Chairman Glennon suggested the Town Administrator, Vice-Chairman Carr and himself have a discussion with Steve Schuster and the NCDC and come back to the Town Council with a proposal.
The Town Council agreed.
Chairman Glennon asked if the property could be sold at fair market value to recoup funds. This would guarantee a number of spaces for the public. In this scenario the developer would not have to worry about a lease when going for financing.
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2. Main Street Update – Julie Glover
Chairman Glennon acknowledged Project Coordinator Julie Glover for the amount of work she has put into a successful downtown renovation. She acknowledged and thanked Severino for their hard work and perseverance. He thanked Underwood Engineers, Public Works Director Rick Malasky and staff for their hard work.
Project Coordinator Julie Glover thanked business owners, residents and staff for their patience. This project had been a successful team effort. Severino has advised construction for this season would be complete December 11, 2008. They have been working diligently to get temporary power to the bandstand, Arbor Park and street lights. There is asphalt around the utility poles for the time being. The contract with the utility companies’ states they have until March 2010 to complete all the work. She would continue to push them to complete the work sooner than that, but the poles would be up at least one more year. At the last meeting, she had presented a parking plan showing an ADA parking space in front of the Post Office. She stated there had been miscommunication; that space had been painted prior to official Council approval. Her recollection and review of past minutes does not indicate the Town Council has approved the benches and trash receptacles. Newmarket Main Street Corporation and the Newmarket Business Association may wish to have input on these items. With input, they may be willing to contribute some funds towards these items as well. She is still working on the sidewalk easement on Water Street as there had been a pertinent piece of information left out of the last draft. Public Works Director Rick Malasky had indicated the department would be working on extending the Water Street lot this week and would hopefully be able to pave the lot next week. She has spoken with Glen Normandel from Fish & Game who has indicated they need an answer from the Town regarding the number of parking spaces the Town is willing to provide in the Spring Street parking lot. She asked the Council to discuss this further for resolution as there is no other area Fish & Game sees as feasible.
Councilor Kwaks asked if it would be beneficial to have Project Coordinator Julie Glover at the meeting with Steve Schuster so this discussion can have the resolution needed.
Project Coordinator Julie Glover agreed she would attend the meeting.
Project Coordinator Julie Glover explained Main Street has been reopened to two-way traffic, and so far everything has been smooth.
Councilor LaBranche asked if the Spring Street lot would be cleaned prior to Severino leaving.
Project Coordinator Julie Glover assumed it would be cleaned, but she would check with Severino to be sure.
Rochelle Sharples expressed her concern with the sidewalk in front of Marelli’s stating pulling out of the Post Office creates a hazard as the visibility is not good.
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4. Jim Hilton – Ironwood Architect and CMA – Final Costs to B-Field
Recreation Director Jim Hilton explained Jeff Hyland from Ironwood and Jeff Murray from CMA were present to answer questions.
Jeff Hyland from Ironwood explained the Council had asked for cost estimates for Scheme C which created a new soccer field within the outfield of the softball field. He showed a color rendition of the plan explaining where each field would be located. There would be a pedestrian path and bleachers. The lights would come at another phase in the project. Conduit would be run during this phase for future lighting. No lights are being proposed at this point. The cost estimate reflects discussions with Recreation Director Jim Hilton and Public Works Director Rick Malasky in partnering to do the work. There are some items the Town is unable to do and would be subcontracted out. He discussed the cost estimates.
The Council discussed the stone dust on the pedestrian path with regards to how it would hold up to traffic and what the costs would be.
Recreation Director JimHilton explained the funds would come from the CIP.
Public Works DirectorRick Malasky explained there is a small window of opportunity; these fields would be needed by mid-April. The cost estimate had been created using the costs Severino had provided for the Main Street project.
The Council expressed their concern with this project not having gone out to bid.
Administrator Wojnowski noted the Town would benefit from using Severino’s prices which were bid two years ago. Current costs could be higher. The Council can waive their own policy and move ahead to benefit the Town.
Chairman Glennon expressed his concern with the process not having been followed.
Councilor Kwaks agreed stating she would have preferred to see a bid process, especially with the economy the way it is. Prices may have come in lower than anticipated. She felt it put the Town at a disadvantage because Severino’s bid is now public.
Councilor LaBranche expressed his concern with this project not having gone out to bid. He could not support the funds being spent without it having been bid.
Chairman Glennon noted he was happy with Severino and their work, but felt it important the process be followed. He asked how long it would take to put the RFP together.
Public Works Director Rick Malasky explained there is nothing to put together. There are no contract documents prepared.
Jeff Murray from CMA explained the Public Works Department would act as the general contractor and would subcontract work the department was not capable of doing. Severino had agreed to extend the Main Street contract prices. Creating contract documents would delay the process and prohibit the fields from being useable in the spring.
Motion: To reject the cost estimates for B-Field Scheme C, and to request an RFP be sent out for the items Severino is proposed to do.
Motioned: Councilor Kwaks
Seconded: Councilor LaBranche
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
The Council recessed from 9:07pm until 9:15pm.
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5. Phil MacDonald, Underwood Engineers, Update on the Exeter Street Drainage Study
Frank Underwood explained he had been part of a beneficial meeting with Administrator Wojnowski, Project Coordinator Julie Glover and Public Works Director Rick Malasky to lay the ground work for the project. They would speak with stakeholders, residents and people living in the area. He discussed the history of the area including the two large floods the Town had been subject to. He made a Power Point presentation explaining the approach that would be taken, how it would be important to get DES and the Army Corp Engineers on board for inspections. He discussed possible funding for pre-disaster mitigation. This area would be looked at as a whole project rather than individual projects. There is a joint meeting scheduled next month between DES, DOT and Army Corp Engineers.
Phil MacDonald explained this is an opportunity on an informal basis to get feedback from the Town Council. There is the opportunity to see what level of detail will be expected on the plans submitted prior to creating them.
Councilor LaBranche asked where they were at with the scope of work compared to what the RFP authorized.
Phil MacDonald stated they were about 30% into it now.
Frank Underwood applauded the Council for having the foresight to have budgeted more than what was thought to be needed. He discussed the work done to date.
Chairman Glennon asked if there were agencies or funds available through state or federal programs.
Frank Underwood explained there has been advancement in some concepts up to 60%. Estimated costs can be provided from these concepts. If they show the Town is willing to support the project, they can go for some funding sources. He envisioned this as being a phased project over a three to four year timeframe.
Phil MacDonald explained the permitting process could be 9 months to 2 years. He would continue to meet with Administrator Wojnowski, Project Coordinator Julie Glover and Public Works Director Rick Malasky and hoped to be back at the Town Council mid-January.
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6. Request for 3-Month Extension of Negotiations of Cable Franchise Agreement
Chairman Glennon asked if this document had been through legal counsel.
Administrator Wojnowski answered legal counsel has reviewed it. Kate Miller, who negotiates the contract in conjunction with the Town, had drawn up the document.
Chairman Glennon asked if this had been through the Cable Franchise Committee.
Councilor Minutelli answered it had; the Committee recommends the Town Council extend the contract.
Motion: To authorize the Town Administrator to enter into a three-month extension with the Cable Television Franchise Agreement between the Town of Newmarket, New Hampshire and Comcast of Maine/New Hampshire Inc.
Seconded: Vice-Chairman Carr
Councilor LaBranche asked if the motion should indicate this would expire February 21, 2009.
Councilor Minutelli amended his motion to include the expiration date.
Vice-Chairman Carr seconded the amendment.
Chairman Glennon asked if residents should be noticed this agreement’s purpose was not to raise resident’s rates.
Administrator Wojnowski explained the Committee is negotiating aspects of the franchise agreement such as the amount of funds that would come back to the Town, channels available, channel 13, and the possibility of adding a second cable access channel for the Town. This agreement does not address residents’ rates. The Town does not have the authority to discuss and negotiate rates.
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
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7. Discussion of Request of Christopher Gaziano to Build on Class VI Portion of Neal Mill Road
Chairman Glennon referenced a letter from the Planning Board dated October 15, 2008 expressing their concerns. The Town Council took a site walk on November 15, 2008; there were members of the Conservation Commission and Open Space Commission also present.
Attorney Mark Sullivan, legal representative for Christopher Gaziano explained Christopher Gaziano owns over 30 acres of land off Neal Mill Road. The proposal is to build a single family home, barn and private indoor riding arena. According to RSA 674:41, Christopher Gaziano needs approval by the Town Council to build off a Class VI road. They were present tonight asking for issuance of a building permit. The municipality would neither maintain nor be liable for the road and its condition. This would be filed with the Rockingham Registry of Deeds. The property owner would be responsible for the condition of the road. The Conservation Commission is in opposition of the proposal. He discussed the Planning Board’s fourteen concerns.
Councilor Kwaks asked if abutters had been notified for this meeting.
Attorney Mark Sullivan answered abutters had been notified; there have been a number of meetings.
Chairman Glennon answered this was not a Public Hearing, so specific abutter notice was not necessary.
Councilor Kwaks referenced state statute which indicated the Town Council could not vote on this tonight because abutter’s needed to be duly notified for this next step in the process.
Chairman Glennon disagreed stating this was part of the Planning Board process.
Councilor LaBranche agreed with Councilor Kwaks stating a Public Hearing should be held with abutters being properly notified. The Council could then take action. It had been his understanding after the site walk this meeting would be a discussion of the Planning Board’s concerns. Once that discussion had been held, the Council would hold a Public Hearing.
Councilor Kwaks referenced a memo and map Mark West had provided from five years ago indicating there were prime wetlands on the road. Town Planner Diane Hardy and the Planning Board had not had this information when the Planning Board had made their recommendations.
Attorney Mark Sullivan asked for a copy of these documents.
Chairman Glennon noted he would get a Public Hearing for this case on a future agenda.
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8. Town Council to Consider Nominations, Appointments and Elections
a. Energy Committee
Motion: To appoint Robert Bestani to the Energy Committee with the term expiring May 2011.
Motioned: Vice-Chairman Carr
Seconded: Councilor LaBranche
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
b. Advisory Heritage Commission
Motion: To appoint Janice Rosa to the Advisory Heritage Commission with the term expiring May 2011.
Motioned: Councilor LaBranche
Seconded: Councilor Bergeron
Vote: 3-3 Motion fails
Councilor Kwaks Nay
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Nay
Chairman Glennon Nay
c. Veteran’s Memorial Trust Committee
Motion: To appoint John Carmichael to the Veteran’s Memorial Trust Committee with the term expiring May 2011.
Motioned: Councilor Minutelli
Seconded: Vice-Chairman Carr
Chairman Glennon expressed his concern with this nomination as there would be three people from the same family on this committee. There is no RSA to prohibit this.
Councilor Minutelli stated he is on this committee; the Committee has unanimously recommended John Carmichael’s appointment.
Vote: 6-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Aye
Chairman Glennon noted due to the lateness of the hour, this meeting would be continued to Tuesday, November 25, 2008.
Motion: To continue this meeting to November 25, 2008 at 7:30pm. This motion was made at 10:08pm.