Town Council March 4, 2009 Business Meeting Minutes
NEWMARKET TOWN COUNCIL
BUSINESS MEETING
MARCH 4, 2009
TOWN COUNCIL CHAMBERS
6:15P.M.
Present: Absent:
Vice-Chairman Judith Carr Chairman Dana Glennon (excused)
Councilor James Bergeron Councilor Michael E. Ploski (excused)
Councilor Rose-Anne Kwaks
Councilor Michael LaBranche
Councilor Steve Minutelli
Administrator Ed Wojnowski
Vice-Chairman Carr called the meeting to order at 6:16 p.m.
6:15p.m. Non-Public RSA 91-A:3 II
6:30p.m. Non-Meeting with Town Counsel
Vice-Chairman Carr called the public meeting to order at 7:01p.m.
Pledge of Allegiance
Motion: To seal the minutes from the Non-Public meeting reference RSA 91-A:3 II (e) negotiations, because the divulgence of information would render the proposed action ineffective.
Motioned: Councilor LaBranche
Seconded: Councilor Kwaks
Vote: 4-1 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Nay
Vice-Chairman Carr Aye
Chairman Glennon Absent
Minutes: Town Council to Consider Acceptance of Minutes
February 18, 2009 Workshop Minutes
Motion: To approve the February 18, 2009 Workshop minutes.
Motioned: Councilor LaBranche
Seconded: Councilor Minutelli
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
February 19, 2009 Non-Public Minutes
Motion: To approve the February 19, 2009 Non-Public minutes.
Motioned: Councilor LaBranche
Seconded: Councilor Minutelli
Councilor Kwaks asked if there were any legal reasons the minutes could not be sealed.
Administrator Wojnowski explained it is perfectly legal not to seal non-public minutes.
Councilor Minutelli noted RSA 91-A relating to Non-Public sessions assumes the minutes will not be sealed. There are certain criteria that must be met in order to seal minutes.
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
Public Forum
No comments.
1. Presentation by Veteran’s Committee – Janice Rosa, Chair
Janice Rosa noted she had asked to be placed on the agenda so the process of redoing the memorial can begin with the expectation of the memorial being completed by Memorial Day. The Committee has chosen G.J. Landscaping of Newmarket, NH to complete the work for a total contract amount including labor and materials of $3,950. Five RFPs had been sent out; one response had been received by the deadline. This company is well known throughout the community and is a local business.
Councilor LaBranche asked where the funds would be coming from and whether a budget had been set up for this project.
Janice Rosa noted the funds would come from the CIP funds. The work for this project had been estimated; the quote was within the range of expectations.
Councilor LaBranche noted this contract is under the required approval amount of $5,000. He asked if the Council needed to formally approve the project and contract total.
Councilor Kwaks felt it should be formally approved because the project would be done on Town property.
Motion: To accept the proposal from G.J. Landscaping as presented for a not to exceed contract amount of $3,950.
Motioned: Councilor Kwaks
Seconded: Councilor Bergeron
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
Janice Rosa noted Chris Williams has finished editing the oral histories of World War II veterans; copies are available at the Town Library.
2. Proposed Zoning Changes to R-1 – Scott Zeller
Scott Zeller read the letter he submitted to the Town Council. He explained he is a property owner in Town, though he lives in Stratham. He was here tonight representing Eric and Sarah Weston as well. The Westons are abutters to his property off Wadleigh Falls Road by the Sewell Well. He owns a 12-acre parcel behind the Sewell Well about 700 feet off the road. The Westons own 14 acres. They have had discussions about jointly developing the two properties and have discussed a traditional subdivision. One parcel is entirely wooded and one is entirely open land. They have been working with a consultant who designs seasonal resorts. The concept is a seasonal destination resort advertising the “great outdoors” an hour from urban areas. The idea is to have small clustered cottages to preserve both the woods and open space. This design would bring tourists to the area, increase business revenue and property taxes with no impact on the school systems. The conceptual design is invisible to both abutters and the public. Newmarket has gone to great lengths to establish a historic downtown. He referenced the Gingerbread Cottages at Martha’s Vineyard, the Oak Bluffs, Tumbleweed and Cabot Cove in Ogunquit. He provided photographs of several cottage designs. Newmarket has a lot to offer this type of development including the Riverwalk, Great Bay, the historic New England character with the classic downtown views, close proximity to beaches, and Portsmouth and Kittery Outlets. By thinking outside the box, this design could increase tax revenue with zero impact to the school systems, establish Newmarket as a destination, open space would be preserved, ancillary revenue will be realized to local businesses and there would be reinforcement to the downtown renovation. He wanted the Council’s opinion whether this was a good idea before a great deal of work commenced.
Councilor LaBranche asked how close the development would be to the Sewell Well.
Scott Zeller noted the development would not intersect with the Sewell Well. Engineers and soil scientists would walk the area. He has an easement allowing access to the property, which does not affect the Sewell Well or wellhead protection radius. He noted the Martha’s Vineyard development has 300 units on 33 acres. He anticipated approximately 90 units. The key was to sell the pristine condition of the outdoors.
Councilor LaBranche asked what the process would be.
Administrator Wojnowski explained the Town Council adopted a resolution in 1993 allowing the Council to send this to the Planning Board for review. An ordinance can be created to allow this use or a Special Use Permit would be needed.
Scott Zeller noted the Planning Board would make a recommendation, the Town Council would hold a public hearing and then vote on the idea.
Councilor Bergeron asked if the development would be hooked up to Town water and sewer.
Scott Zeller noted there would be individual wells; the Town water runs almost up to this location. There have been past discussions to bring the water lines up past this area for the industrial district. He suggested funds could be contributed for such a project. The ordinance wording would limit use of the cottages from year round use. He felt it was in the best interest of the community for there to be an ownership option because then there would be a vested interest in the upkeep. He noted Chapman Springs is located on the Weston’s property with a neat history that could be utilized as a marketing tool. The first church in Newmarket was located across the street.
Councilor Kwaks noted if the cottages were used year round, school impact fees would be assessed. Town water is up there already, but Town sewer is not. She suggested individual septic systems that close to the wellhead are a concern.
Scott Zeller noted he would love to keep the Weston’s land open with a possible pond. On his property, there would be small clusters of cottages with trails. He noted changing the zoning ordinance seemed the most direct route after consulting with the attorneys and the Town Planner. The driveway reaches to Route 152. There have been discussions about utilizing the Weston’s property as an alternative access, but ultimately DOT standards will apply.
Motion: To refer this idea to the Planning Board.
Motioned: Councilor Bergeron
Seconded: Councilor LaBranche
Councilor LaBranche asked if there were length restrictions for roadway access points.
Councilor Kwaks noted the restriction is 1,000 feet without an egress on the other end.
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
3. Award of Contract for New Village – Sean Grieg
Sean Grieg referenced his memo sent to the Town Council on February 25, 2009 recommending the Town follow the procedures as set forth by the State of New Hampshire to choose an engineer. 14 RFPs had been sent out; 11 bids were received. These 11 bids have been narrowed to four. The system technician, Project Coordinator Julie Glover and Budget Committee member Eric Botterman had interviewed the four companies. There needs to be a clear winner although in ranking, each company seemed adequate. The selected bid will be sent to the State. He requested the release of $119,011 to Stantec. This amount is not to exceed and included all engineering costs to get bid documents. This process would include a house-to-house survey, review of drainage and drawing of plans. He recommended $39,321.96 come from water, $70,034.14 come from sewer and $9,054.89 come from Public Works. He explained it is not possible to ask for prices during the selection process; selection needs to be based on qualifications. Once the selections have been narrowed down, the quotes are provided in sealed envelopes. This information is then sent to the State for review. Once the envelope for Stantec was opened, he and Administrator Wojnowski had felt the bid was too high. Numbers were reworked to more realistic costs.
Councilor Kwaks asked if it was possible to use local contractors to do the surveying work.
Motion: To award the engineering contract for the New Village project to Stantec Consulting Services for an amount not to exceed $119,011.
Motioned: Councilor LaBranche
Seconded: Councilor Bergeron
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
4. Discussion of Fees Charged by Departments
Administrator Wojnowski noted the Council had requested each department to provide a list of fees charged for products and services as well as any proposed increase. There are certain fees governed by state statute. Parking and dog fees need to be changed through ordinance changes. The Town Council can make changes to certain fees through a resolution for adoption.
Councilor Kwaks asked if the fees at the transfer station were adequate. She asked why the recreation department fees were not included.
Administrator Wojnowski noted there have been no changes to any fees except copying fees since he came on board. Fees are based on reasonable charges. The recreation department needs to be able to set their own rates, as they would know what is reasonable.
Councilor Kwaks noted the Council is responsible for the financial situation of the Town. She felt the Town Council should discuss the recreation fees. The Town spends a lot of money on recreation in this community. She felt the Town should look at paying to play. Town funds are being spent on employees handling the scheduling and maintaining the facilities. She also felt the summer camp fees should be increased. The Town gives a $21,000 grant to NYAA annually, and kids are still charged to play.
A member of the audience noted there are insurance costs for the NYAA. Older players pay a higher fee. Teams pay a certain amount. There is also a give and take; for example the men’s softball league bought the fence and bases, which are used by kids programs as well. The 55% rule slides because there are revenues raised in other areas. These leagues are not run by the Town.
Councilor Bergeron noted Recreation Director Jim Hilton is sensitive to what the fees are and what can be charged before registration is discouraged. He suggested contacting other communities about transfer station fees. He suggested these fees have not been updated since 2004. The Town needed to be fair, but also needed to charge appropriately.
Councilor Minutelli noted building permit fees were last addressed by the Town Council in March of 2003. He asked if fees charged were consistent with surrounding towns.
Administrator Wojnowski noted he would check on the fees for both the transfer station and the building permits.
Councilor LaBranche noted the Town needed to be careful how they charged people to use the field as the fields were built using federal funds.
5. Review of Warrant Articles
Councilor LaBranche asked if the wording of Article 2 needed to be specific to New Village as there are projects included that are not related to the New Village project.
Administrator Wojnowski noted language can be added to encompass the projects that are not related to the New Village project.
Councilor Minutelli asked if Article 2 had been reviewed by bond counsel.
Administrator Wojnowski noted it had not, but all articles have been reviewed by DRA.
Councilor Minutelli recommended Article 2 be reviewed by bond counsel knowing there are special requirements to the wording.
Councilor Kwaks asked what decision the Budget Committee made last night on the water meters.
Administrator Wojnowski noted he had been asked to speak with representatives from DRA and LGC in order to answer if Warrant Article 2 fails would it affect the $25,000 appropriated within the budget for water meters. He did not believe it would be an issue as one was a bonding issue and one was a maintenance issue.
6. Discussion of Use of Town Building Facility
Administrator Wojnowski noted there is no policy regarding the use of Town facilities. This would set up a policy. He suggested there is an application to fill out including the purpose, organization and what supplies will be needed. There would also be a $75 fee so the Town would be reimbursed for work. This is a way to regulate who is using the facility.
Councilor Bergeron noted there is nothing about the type of groups that can use the building. He felt there needed to be language that would prohibit certain groups from using the building, as it is a government facility.
Councilor LaBranche didn’t feel there could be prohibitions put on the groups who would use the facility.
Councilor Minutelli felt it was important to get legal opinion on whether certain groups could be prohibited before enacting the policy.
Motion: To direct Administrator Wojnowski to check with legal counsel on possible restrictions on groups from using Town facilities.
Motioned: Councilor Kwaks
Seconded: Councilor Bergeron
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
7. Discussion on Town Hall hours of Operation
Administrator Wojnowski explained the Town Council had approved a change of Town Hall hours in November to four 10-hour days. He referenced a spreadsheet reviewing the energy and electricity costs from September 2006 until February 2009. Between the four-day workweek and programmable thermostats, the Town has realized a savings of $4632. Although the spreadsheet reflects a savings, varying factors such as the cost for heating fuel and average temperatures has not been taken into consideration. He noted kilowatt hours used have also been calculated from November to February indicating 6,040 kilowatt hours had been used in 2007 during that period, 6,200 kilowatt hours were used in 2008 during that period and 6,100 kilowatt hours were used from in 2009 during that period. Town Clerk/Tax Collector Becky Benvenuti has indicated there are a lot of people who utilize the new hours. Employees like the four-day work weeks as do the residents. The staff would like to stay on this schedule.
Councilor Bergeron acknowledged the 1,000 gallons saved in heating fuel noting the building is still using over 7,000 gallons per year. He felt the building needed significant work to make it energy efficient.
Administrator Wojnowski explained there is a draft bid document prepared for the windows. The Energy Committee would be reviewing it soon. An application would be filled out for the RGGI grant in the hopes of securing funds for an energy audit for all Town buildings. There is no insulation in the exterior walls.
Councilor Bergeron noted there is also a savings to the employees by traveling four days instead of five.
Councilor LaBranche noted there have been several holidays since the new hours were implemented. He asked if employees receive ten hours holiday pay or eight hours.
Administrator Wojnowski answered employees receive ten hours. When employees take sick or vacation time, they use ten hours of time. The program is scheduled to end at the end of this month.
Councilor Kwaks asked how many employees worked at the Town Hall. She asked what the additional cost is to the Town for paying an additional two hours per holiday per employee.
Administrator Wojnowski explained there are between 12 and 14 employees working at the Town Hall.
Councilor LaBranche asked to table this discussion in fairness to the Councilors missing.
The Town Council agreed to table this discussion to the Workshop.
8. Channel 13 Slide Procedure Update
The Town Council tabled this discussion, as the Council representative to this Committee was not available to present the procedures.
9. Discussion of Historic District Ordinance
Vice-Chairman Carr noted the Council has referred this back to the Planning Board to finish their work on the ordinance.
Administrator Wojnowski explained the Planning Board had rescheduled their meeting from March 17th to March 24th because of the Budget Committee Public Hearing.
10. Review of Cash Receipts at Transfer Station
Councilor Kwaks referenced a letter discussing cash receipts dated February 19th indicating only checks would be accepted at the transfer station. She also referenced a letter from Finance Director Don Parnell dated June 2008 stating Melanson & Heath had indicated there was no formal written policy. A meeting had been held to adopt a policy so that deficiency could be removed from the management letter. The Town Council approved the policy on June 18, 2008. She expressed her concern that cash is still being accepted. She discovered Finance Director Don Parnell and Administrator Wojnowski had asked Melanson & Heath if it was okay to enact another policy. Under the policy adopted by the Town Council, under no circumstances will cash be accepted. According to Matt Angel from Melanson & Heath, cash is being allowed under certain circumstances. She expressed her concern with Town Council enacted policies not being followed. She read Article 4.7 of the Town Charter stating: “Nothing in this Charter shall be construed to grant to the Administrator any legislative or judicial authority, which shall rest exclusively with the Town Council; nor shall the authority of the Administrator reduce any specific statutory power or responsibility of any other Town officer.” She noted the Municipal Audit Committee was established to review the audits and ensure town policies were being followed. She recommended deferring this to the Municipal Audit Committee for review and discussion before the Town Council.
Administrator Wojnowski clarified the cash policy is not exclusive to the transfer station. The policy is about how to better handle receipts throughout the town. He also noted there had been no issue at the transfer station. Finance Director Don Parnell spoke with Matt Angel from Melanson & Heath to discuss a policy change. It is important for the Town to accommodate its residents. If a resident brings cash, a numbered receipt is given. At the meeting last week, the suggestion was made to take down the resident’s name, address and phone number in order to send a bill. This compromise was reasonable if the Town Council was amenable.
Councilor Kwaks felt there was a problem at the transfer station. She noted the police report she had indicated there was an issue at the transfer station. The Municipal Audit Committee has requested a report on how the incident was handled and has not yet received the report.
Councilor LaBranche noted the initial recommendations had come from Graham & Graham. At the February 19th meeting the Council had acknowledged the system is not perfect. Options on handling payments had been discussed. A service still needs to be provided to the residents.
Councilor Bergeron agreed stating it can be frustrating for residents who forget their checkbooks. An alternative form of payment needs to be accepted. Most people do not carry checkbooks anymore. He suggested there could be a dump sticker or bar code system. He suggested Town employees need to be trusted.
Councilor Minutelli noted the correspondence from Matt Angel suggests amendments to the policy.
Finance Director Don Parnell suggested the cash receipts policy and management at the transfer station are two separate issues. After speaking with Police Chief Kevin Cyr, he had called Matt Angel to discuss the need for a safety valve for employees. There is no panic button at the transfer station. The employee at the transfer station had been afraid not to accept cash and had been writing out personal checks to be able to deposit. It was important to protect the employees.
Councilor Kwaks asked if Matt Angel could come before the Council to discuss.
Administrator Wojnowski explained cash had been thrown at the employee and the resident had driven away. The employee had written out a check in an attempt to be honest.
Finance Director Don Parnell noted the Town Council had known the policy would need adjustments.
Councilor Minutelli suggested proposed language should be submitted so it was not inconsistent.
Finance Director Don Parnell noted he would draft the language and ask Matt Angel to review it.
Councilor Bergeron suggested Administrator Wojnowski go to other towns to look at the fees they charge and to review the method of payment used.
Councilor Kwaks felt there was a personnel issue at hand as well. An employee of the Town had not followed the rules established. She felt Administrator Wojnowski and Finance Director Don Parnell had taken away the Town Council’s legislative authority of enacting rules by changing them without authorization.
Councilor Minutelli noted personnel issues are typically handled by Administrator Wojnowski and/or handled in non-public session.
Councilor Kwaks noted she had the authority under the Town Charter to ask for an investigation into any town employee. The Municipal Audit Committee requested this information.
11. Old Business/New Business
Councilor LaBranche noted there is a binder located in the copier/mail room where Councilors get their mail that holds the manifest. This can be reviewed regularly by Councilors. Supporting documentation can be provided for any entry that is questionable.
Councilor Bergeron noted he is still working on the Tree Committee. The Committee has been working on choosing trees for downtown. The Committee is also working on getting Newmarket as a Tree City USA town. There is no cost for participation. The Town needs to proclaim Arbor Day, create a tree ordinance and spend $2 per capita annually on trees. A tree care ordinance would be coming to the Council at a future workshop.
12. Town Administrator’s Report
Administrator Wojnowski explained the RFP for legal services has been sent out. He is looking for a date of installation for the Verizon antenna. Doug Mansfield is working on the bonding for removal of the antennas. PSNH will be before the Town Council on PSNH to discuss the increase in cost.
Councilor Kwaks noted the six-week timeframe for legal services seems to have been extended.
Administrator Wojnowski explained the timeframe has been adjusted to the Town Council schedule.
13. Non-Public RSA 91-A:3 II (e)
Motion: To enter into Non-Public RSA 91-A:3 II (e) at 8:58pm.
Motioned: Councilor LaBranche
Seconded: Councilor Bergeron
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
Motion: To leave Non-Public RSA 91-A:3 II (e) at 9:33pm.
Motioned: Councilor LaBranche
Seconded: Councilor Kwaks
Vote: 5-0 Motion carries
Councilor Kwaks Aye
Councilor Bergeron Aye
Councilor LaBranche Aye
Councilor Ploski Absent
Councilor Minutelli Aye
Vice-Chairman Carr Aye
Chairman Glennon Absent
Motion: To seal the minutes because divulgence of the information would render the proposed action ineffective.
