[0:03] Good evening, and welcome to the Tuesday,
[0:06] April 21st, 2026 Town Council meeting.
[0:10] Before we get going, we'll do the Pledge of Allegiance.
[0:12] Councillor Chase, would you lead us, please? Yes,
[0:16] I pledge of allegiance Of the United States of America
[0:20] and to the Republic for which it stands,
[0:23] one Nation under God, indivisible, with liberty and justice.
[0:27] Justice wrong.
[0:33] Just a reminder for everyone on the audience in case
[0:36] emergency exits at the back or on the side of the room here.
[0:40] And if you could please silence your cell phones.
[0:43] We'll start with the roll call. Councilor Mills.
[0:46] Good Evening, councilor Healy.
[0:48] Good evening, Councillor Webb.
[0:49] Good evening, Councillor Chase.
[0:51] Good evening, Councillor Flood. Hello.
[0:53] And is Councilor Foot on the phone?
[0:56] I believe so. Madam Chair, we have an attendee by phone.
[1:00] We're just instructing them how to be able to speak. Now.
[1:04] Councilor Fred, are you there?
[1:07] Good evening. Good evening,
[1:10] and good evening from the chair.
[1:12] All right. Is there a motion to open public forum?
[1:17] I make the motion that we open public forum. Second that.
[1:21] All right. And this evening we do have someone virtual,
[1:23] so everything will be a roll call on the motion.
[1:25] Councilor Mills? Yes. Councilor Healy? Yes. Councilor Webb?
[1:29] Yes. Councilor Chase? Yes. Councilor Flood? Yes.
[1:32] Councilor Foot.
[1:37] All right. I'm gonna say yes. Oh, there he is. All right.
[1:40] Chair votes. Yes. Public Forum is now open.
[1:43] The floor is yours.
[1:44] Anyone that wants to come up and speak, just remember
[1:46] to please state your name and address for the record.
[1:49] I
[2:04] Good evening everyone.
[2:05] Tom Cardin to Cunningham Drive.
[2:07] I had some comments about the
[2:10] Bird Enterprise property at 180 7 Hampstead Road.
[2:16] I attended the meeting last June where they had applied
[2:19] for a, a variance for a 50 square foot pile on sign
[2:23] and a, I think a 19 square foot message board.
[2:28] And, you know, according to the, according
[2:32] to the ordinance 1, 1 65, 1 0 1 0.1,
[2:36] you know, it does not allow lit signs.
[2:39] It only allows a 24 by 24.
[2:43] And you know, I think there's a specific reason why
[2:48] whether the zoning is written that way and,
[2:50] and that is to keep the size
[2:51] and the scope of signs in a residential
[2:54] neighborhood the way it is.
[2:56] And, you know, superior court judge from Hillsborough County
[3:00] agreed with that and reversed the decision of the,
[3:04] of the zoning board.
[3:06] And then in, in January, code enforcement asked,
[3:10] asked them to take it down.
[3:12] It was not taken down. They followed up in February
[3:16] and still wasn't taken down.
[3:17] And then on March 30th,
[3:21] zone code enforcement sent another letter,
[3:26] informed them that they had to take the sign down
[3:28] and three days later they went to the zoning board for
[3:32] yet another variance for the same sign that was,
[3:36] was supposed to have been taken down.
[3:39] And, you know, not to, to forget
[3:43] about the, the direct abutters.
[3:45] I mean, that's, that's one of the big considerations.
[3:47] I mean, they had to put up with that sign for, I don't know,
[3:50] eight or nine months that was lit.
[3:52] And one of the stipulations that,
[3:55] that was in the variance was that they had to, that had
[3:58] to be shut off at nine o'clock and it, and it never was.
[4:01] So, I mean, I don't know, you know,
[4:03] where the zoning board goes for this.
[4:05] You know, I mean, in all honesty, the, the property
[4:08] that's there, what Bird Enterprise has,
[4:11] it's not a bad fit for that area.
[4:14] And, you know, and do they deserve a sign?
[4:17] Yes, they certainly do deserve a sign,
[4:19] but I don't think they deserve a, you know,
[4:22] a big pile on sign that, you know, that, you know,
[4:26] affects all the neighbors around.
[4:28] And thank you.
[4:30] Thank you.
[4:38] Anyone else? Is there anyone? Line Owen
[4:43] Madam Chair, seeing none rise online,
[4:46] I make a motion that we close the public.
[4:48] Second that, All right.
[4:50] Motion to close public forum on motion. Councilor Mills?
[4:53] Yes. Councillor Healy. Yes. Councillor Webb? Yes.
[4:56] Councillor Chase? Yes. Councillor Flood? Yes.
[4:58] Councillor Foote?
[5:00] Yes. And Chair books? Yes.
[5:03] Public forum is closed consent agenda.
[5:07] We have a few things here.
[5:09] We have item 26 33
[5:11] to approve the non-public minutes from April 7th, 2020
[5:14] 6, 26 34
[5:16] to approve the public minutes from April 7th, 2020 6, 26 35
[5:21] to approve the minutes from April 9th, 2020 6, 26 36,
[5:26] which is res resolution 20 26 0 2 1
[5:29] to adopt the revised user rate
[5:30] and fee schedules for dairy water customers.
[5:33] There will be a public hearing on May 5th for that
[5:36] 26 37 is resolution 20 26 0 2 2
[5:40] to adopt the revised user rate schedules
[5:42] for Dairy wastewater customers.
[5:44] There will also be a public hearing on May 5th for that.
[5:47] And 26 40 is resolution 2026 dash 0 2 5
[5:51] to accept a Bureau of Justice Assistance grant
[5:54] for incident management equipment.
[5:55] And again, there will be a public hearing on
[5:58] that item on May 5th.
[6:01] Is there a motion to approve?
[6:06] I move to approve the consent agenda.
[6:08] I'll second that. Okay.
[6:10] Motion a second to approve consent agenda on the motion.
[6:13] Councilor Mills? Yes. Councilor Healy? Yes. Councillor Webb?
[6:17] Yes. Councilor Chase? Yes. Councilor Flood. I state I here.
[6:21] Okay. And Councilor Foot? Yes.
[6:27] And chair votes? Yes. Motion passes. 6 0 1. All right.
[6:31] On the chair's report, we have a couple of things tonight.
[6:35] The first one is an appointment to the zoning board.
[6:41] I moved to appoint Crystal Morin as a member
[6:45] of the zoning board of Adjustment for a term
[6:47] to expire March 31st, 2028.
[6:51] Second. All right, there is motion a second.
[6:55] Any further discussion? Yeah,
[6:57] I, I, yep.
[7:00] So Ms. Morgan came to our last meeting.
[7:03] She spoke during the public forum.
[7:06] As I said, at the end of that meeting,
[7:07] I think she made a lot of valid points if we're going
[7:12] to not appoint someone 'cause of the way they voted.
[7:14] We should be looking at all the members on the zoning board.
[7:18] And we did some appointments as, as she mentioned,
[7:23] another appointment
[7:24] that voted pretty much the same as as she did.
[7:27] And another point that she had made that I agree with is
[7:30] that none of the counselors have reached out to her
[7:33] after some of the votes to, to get her reasoning.
[7:37] So I think it's kind of, there's some blame on,
[7:40] on both parts if you think
[7:42] that she's voting not following the five criteria
[7:45] that we haven't reached out to give any type of notice.
[7:50] This appointment is for a two year term,
[7:52] not the original three year term that she had applied for.
[7:56] So it's basically, you know, two years.
[7:59] See how she does in this role in two years now.
[8:01] She's gotten some feedback from the council.
[8:04] So I would, I would urge I was one of the no votes.
[8:10] I'm gonna be switching my vote.
[8:11] I would urge the council to reconsider
[8:15] give Ms. Moore another two years.
[8:17] And if we have any issues with,
[8:21] we think the criteria is not being followed,
[8:22] that we reach out to Ms. Warren
[8:24] and discuss it with her directly and give that feedback.
[8:30] And that's, that's all I have for the discussion
[8:33] Else What I do.
[8:35] I'm gonna be voting no, as I did
[8:36] before, it's not directly to do
[8:39] with Ms. Warren is my belief
[8:41] that this zoning board needs to change.
[8:44] I do not support either Mr. Trip or Ms. Moore.
[8:48] And I think that the zoning board needs to take a direction
[8:51] where it needs to follow the rule of law
[8:53] and it has not been.
[8:56] And that may be a training issue.
[8:58] So no matter what the vote is here today, I think maybe
[9:02] the town administrator can help.
[9:04] But it's to schedule training
[9:06] to the New Hampshire Municipal
[9:07] Association on the rule of law.
[9:09] We don't want to be, we don't wanna have a zoning board
[9:12] that does planning by variance.
[9:14] This happened in other communities and created it,
[9:18] Has created issues.
[9:21] I do not want to see that. I want to make certain
[9:24] that they follow the rule of law,
[9:26] that they follow the hardship criteria
[9:30] and that they tighten up some
[9:31] of their policies and procedures.
[9:35] But I'm still not gonna be changing my vote on Ms. Mor.
[9:40] Okay. Anyone else? Councilor Chase,
[9:43] I agree with Councilor Webb on this.
[9:48] I won't be changing my vote either.
[9:50] The zoning board has to change
[9:52] and if the only way that we can do it is by
[9:55] changing the zoning board, I'm willing to do that.
[9:58] I made a mistake last time, I won't make that mistake again.
[10:02] I assure you all of the members are being looked at.
[10:07] And as far as going to a member
[10:10] and talking to them about the way that they're voting,
[10:13] that's very, very tricky
[10:14] because zoning is a quasi-judicial board
[10:17] and we do not want to have the appearance of malfeasance in,
[10:22] you know, trying to interfere
[10:24] with the board's vote and how they do that.
[10:27] Our only recourse is to set the board
[10:30] and hopefully if people that we do not feel are adhering
[10:35] to the rule of law and the five criteria, we vote them off
[10:39] and hopefully somebody that will, will get on the board.
[10:45] Councillor Foot, do you have any comments before we vote?
[10:50] No. Thank you. All right then on the vote.
[10:53] Councilor Mills?
[10:56] No. Councilor Healy? Yes. Councilor Webb?
[11:00] No. Councilor Chase? No. Councilor Flood? Yes.
[11:06] Councilor Foote?
[11:09] Yes. And Chair votes? Yes. Motion passes. Four three.
[11:12] So Ms.
[11:14] Mor will be on the zoning board for term
[11:15] to expire March 31st, 2028.
[11:19] And then one other thing that we had on here,
[11:24] when we went through and did our committee and board
[11:28] and liaison appointments, we realized we had a lot of,
[11:31] there was some of us that had won
[11:34] and some of us that had six.
[11:35] So we kind of reset, set those out.
[11:37] So, and we didn't take a formal vote on it,
[11:39] so I'm just gonna read through the list
[11:41] and the form of a motion of what we put together
[11:43] and then we'll we'll vote on that.
[11:45] So I make a motion to make the following appointments
[11:48] to the liaison and boards and committees.
[11:51] Councilor Chase on Highway Safety Liaison,
[11:54] heritage Commission and Planning Board, councilor Flood
[11:57] to Pinkerton Academy and Taylor Library.
[12:00] Councilor Foote to the Conservation Commission
[12:02] and record Retention designee.
[12:04] Councilor Healy to the fiscal committee,
[12:06] legislative Committee and Net Zero Task Force
[12:09] Councilor Mills to Public Works TIF Advisory DCC
[12:13] and TIFF Advisory Gateway as well as see sitting
[12:16] as an alternate for if Councilor Chase
[12:19] or myself cannot make it
[12:20] to the Planning Board or school Board.
[12:23] Councilor Spencer Dairy Public Library
[12:24] Legislative Committee and School Board.
[12:26] And Councilor Webb Dairy Housing
[12:27] and Redevelopment Authority,
[12:28] legislative Committee Safety Departments
[12:31] and Southern New Hampshire Hazardous Materials.
[12:33] Mutual Aid District. They gotta shorten that.
[12:37] I second that motion. Alright, any discussion?
[12:41] Okay, on the motion Council mills? Yes. Councilor Healy?
[12:44] Yes. Councilor Webb? Yes. Councilor Chase? Yes.
[12:47] Councilor Flood? Yes. Councilor Foote?
[12:51] Yes. And chair votes? Yes. Motion passes. Seven zero.
[12:55] Excellent. Alright, moving right along to administrator.
[12:57] Alright, good evening.
[12:59] As everybody's aware, we've spent a good portion
[13:02] of the month of April consumed in our budget meetings.
[13:05] And so we're kind
[13:07] of ramping down here towards a public hearing
[13:10] for the budget.
[13:11] And CIP on the 23rd of April and that's a Thursday night.
[13:16] And then we'll have our final vote for the budget on
[13:19] May 5th, 2026.
[13:21] So tonight I had prepared within the councilor's
[13:25] packets a list.
[13:26] It's a very short list of questions or comments that we've
[13:31] provided or staff has provided some responses to.
[13:35] And I'd like to run through those very, very briefly.
[13:37] If there's any other questions, please reach out to me.
[13:40] But these will all be incorporated within the budget
[13:43] that you will see at the public hearing on the 23rd.
[13:47] So when we met on the seventh, the fire department,
[13:50] there's a general question about the EMS collection
[13:52] rate, more or less.
[13:54] That response is zero to 30 days, is 44% is 31
[13:59] to 60 days, 26%, 61 to 90 days 10%
[14:03] and 91 to 80 days is 11%.
[14:06] So it's an overall collection rate of 91%.
[14:09] So that's been answered
[14:10] and that is above industry trends
[14:13] in the animal control department.
[14:15] There was a discussion about the concern that $500 in
[14:19] that line item is not sufficient to support training needs.
[14:23] The chief has provided some commentary about some
[14:26] of the past, current
[14:28] and future training opportunities for the A CO officer.
[14:31] So I'd encourage you to take a look at that.
[14:33] In the highway division there was a question about the
[14:37] pavement management list
[14:38] and there were a portion
[14:40] of was notated on a couple of the roads.
[14:44] DPW director Carrier has put together a list
[14:47] that's in the counselor's packet
[14:49] that further explains the limits of where the start
[14:52] and ending points are for some of the roads
[14:54] that we're planning to pave for the FY 27 budget
[14:58] in the transfer station.
[15:00] There was a question about the c and d revenues.
[15:03] Again, DPW director carriers put together some analysis on
[15:07] that, talking about kind of that differential between
[15:10] what we pay and what we charge.
[15:12] So that might be something that the council wants
[15:14] to take a look at in a future workshop or cycle.
[15:17] As we get into fiscal 27 vehicle maintenance,
[15:22] there was a general question that had been brought up
[15:24] of all three departments about, now that we don't have
[15:27] the state mandated vehicle inspections, what is the policy
[15:31] and procedure within each one of those departments?
[15:34] You'll see some commentary within there,
[15:36] but the general sense is we do do the same level
[15:39] or more for the vehicles that we have
[15:43] because many of them are rated as commercial vehicles.
[15:46] So regardless of
[15:48] what the state mandate was on removing stickers,
[15:51] we still will be going forward with that.
[15:53] Just for simple liability purposes,
[15:56] code enforcement is a question
[15:58] or a suggestion to look into personal alert systems.
[16:03] So that has been going on as we speak.
[16:06] So we'll continue to update the council on that.
[16:08] But there looks like some, some promising
[16:11] possibilities there.
[16:13] Then we talked about on the ninth economic development,
[16:16] there was a question about marketing funds.
[16:18] There's three lines in the, the budget
[16:21] that have marketing funds.
[16:22] There's $16,000 in the economic development fund,
[16:27] 15,000 in the DCC and 5,000 in the gateway tiff.
[16:31] So we have a combined $36,000 for various marketing purposes
[16:36] for use information technology.
[16:39] It was an ask by Doug Rathburn to add two PCs for $600 total
[16:44] that has been incorporated into the budget
[16:46] and the bottom line has been adjusted.
[16:48] Tax collector question came up about the ratio
[16:52] of online versus in person transactions.
[16:56] What we did was we looked at the most recent quarter
[17:00] that we had a full quarter on, which is October
[17:04] through December of 2025.
[17:07] And that area came up to 2,700 online, so 37%
[17:12] and 4,729.
[17:14] So about 63% were in person.
[17:17] So still shading towards more in in-person as opposed
[17:20] to online registrations.
[17:23] Then we had the swap that was asked
[17:25] by Councillor Webb on the Administration and Human Services.
[17:28] There was an amount of 13,301 that was moved from
[17:33] the human services line for DHRA over to the Human
[17:38] Human Resources line for
[17:41] better recruitment opportunities.
[17:43] So those are all the items that had been flagged by council.
[17:47] So I'll go on the assumption that when we go to the public
[17:51] hearing on the 23rd we can proceed with bottom lines.
[17:55] You've already given your preliminary votes.
[17:57] So essentially this will be the last opportunity
[17:59] for any adjustments
[18:01] or any questions from the public that we can address.
[18:03] So are there any other questions
[18:06] before we move on to the rest
[18:07] of the town administrator's report?
[18:11] Any questions? Alright.
[18:13] Okay, couple of other general items.
[18:18] Community information.
[18:20] So as everybody's aware, we conduct a
[18:23] an annual household hazardous waste collection day
[18:26] and that'll be coming up on Saturday, May 9th,
[18:29] 9:00 AM to noontime.
[18:31] And that'll be over at West Running Brook School.
[18:33] So this'll be one opportunity, it's a combined opportunity
[18:36] between dairy and London Dairy and we do the spring event
[18:40] and then there's another event right around a week or two
[18:42] before Thanksgiving in London Dairy
[18:45] where dairy residents can, can dispose
[18:48] of qualifying materials.
[18:49] If there's any questions, please reach out to the DPW office
[18:52] or go on the town's website.
[18:54] It's got a pretty explicit list of what's permitted
[18:58] to be dumped there on that day.
[19:00] And then general governmental information.
[19:04] We had one of our staff members received an online petition
[19:07] from the online portal change.org
[19:10] and it was asking the town council
[19:12] and other boards to step in and,
[19:13] and protect the environment for the 41 Ashley Drive project.
[19:18] As a reminder, tonight we're gonna be talking about
[19:20] accepting the easement that had been put forward
[19:24] and this project's been approved
[19:25] by the Dairy Planning Board.
[19:26] So I confirm with the town clerk
[19:29] that a digitally submitted petition is not valid under state
[19:32] law as it would be, it would meet the criteria
[19:35] of an actionable petition as defined by the town charter
[19:39] and also under state law.
[19:41] So obviously the town council has the option
[19:43] to consider any initiative it sees fit,
[19:46] but the digital petition would certainly not meet the
[19:48] criteria for a compulsory action on that.
[19:51] So a lot of times those things have individuals who may
[19:54] or may not be from the community.
[19:56] So it's important to kind of put that into the, you know,
[19:59] into the pot there and when you evaluate that.
[20:01] But for purposes of what you're required to do, I just bring
[20:05] that up as informational purposes.
[20:07] And then lastly, within your packet we're approaching the
[20:11] summer, believe it or not, as it's 40 whatever,
[20:13] 45 degrees outside.
[20:15] Typically the council looks at reducing the July
[20:19] and August dates down to one meeting date.
[20:24] So the suggested dates, obviously it's your
[20:28] role to decide which day you want would be the first
[20:31] meeting, which would be July 7th,
[20:35] and also the first meeting in August, which would be August
[20:39] the fourth.
[20:41] So those are the two dates.
[20:43] If there'd be some discussion on that
[20:45] or confirmation, we can certainly get that scheduled
[20:49] through Sheila and whatnot.
[20:52] Are those two dates okay with everyone? Those meetings
[20:57] May not be August 4th.
[20:58] Okay. But July 7th
[21:03] So far.
[21:04] Alright, council foot, are you okay with those?
[21:06] July 7th and August 4th? Yes.
[21:11] Okay. All right. Alright,
[21:13] So we'll we'll make that official
[21:14] and I'll have Sheila book those.
[21:16] So those are the only items that I have on
[21:18] tonight's Town Administrator's report.
[21:20] Excellent. Thank you. Okay, we have a couple
[21:24] of public hearings this evening.
[21:25] The first one is item 26 27,
[21:28] which is resolution 20 26 14 to authorize the acquisition
[21:33] of property at 17 South Avenue LMG Master Agreement
[21:37] for Abbott Court Town Administrator Mike
[21:39] file presenting. Okay,
[21:40] So this is the second
[21:42] of two required public hearings under RSA
[21:46] 41 14 A.
[21:49] What is under consideration is the town's acquisition
[21:53] of a small parcel at 17 South Ave.
[21:57] The triangular parcel is 4,376 square feet
[22:03] and it's associated with the ongoing phase one development
[22:08] for the Abbott Court area.
[22:10] So those lots are being combined.
[22:11] This small triangular piece is integral in giving enough
[22:15] space for all of the parts to fit together.
[22:18] The lot Line Adjustment has gone through the planning board
[22:21] with approval and as such,
[22:24] counsel will be taking no vote this evening.
[22:27] It'll be an official vote on May 5th
[22:30] to move forward with that.
[22:32] So as a project eligible cost,
[22:36] the total cost the proceeds to the seller $270,000.
[22:40] And other than that, there's any questions, I'd be happy
[22:44] to answer those either from counsel or from the public.
[22:49] Is there a motion to open public hearing?
[22:51] I, I just have a question. 207,000 or 270,000
[22:56] 2 7 0 0 2.
[22:58] Did I say 2 0 7? I think you did.
[23:00] Oh, okay. I misspoke. Two 70.
[23:02] And having that cleared up,
[23:03] I'll make a motion open from the public hearing.
[23:06] Okay. Second. All right.
[23:07] We have a motion to second on motion. Council mills? Yes.
[23:10] Councilor Haley? Yes. Councilor Webb? Yes. Councilor Chase?
[23:14] Yes. Councilor Flood? Yes. Councilor Foot? Yes.
[23:18] And chair votes? Yes. Public hearing is now open.
[23:21] If you'd like to come up and speak on this matter,
[23:26] I'm gonna need you to form an orderly line.
[23:29] Madam Chair. Seeing none rise online. Okay.
[23:32] Seeing no eager beavers, Madam Chair, I will make a motion
[23:37] to close the public hearing.
[23:38] Second. All right. On the motion, councilor Mills? Yes.
[23:42] Councilor Healy? Yes. Councilor Webb? Yes. Councilor Chase?
[23:46] Yes. Councillor Flood? Yes. Councillor Foot? Yes.
[23:50] And chair Votes? Yes. Motion passed to seven zero
[23:53] and there's no vote on this actual resolution this evening.
[23:56] So we will move on to item 26 30. Oh, I'm sorry.
[24:00] Before we do that, are there any other questions from
[24:01] councilors on this?
[24:05] Okay, then we'll move on to item 26 30,
[24:09] resolution 2026 dash zero 20
[24:11] to authorize the Conservation Commission
[24:13] to accept a conservation easement at 41 Ashley Drive
[24:16] and 37 Scoby Pond Road at Town Administrator
[24:19] Mike Fowler present again. Alright.
[24:21] And so this I'd like to introduce a, another
[24:25] development based property transaction.
[24:29] So the property at the end of Ashley Drive, known
[24:33] as 41 Ashley Drive,
[24:34] 37 Scoby Pond Road is a fairly
[24:37] substantial piece of property.
[24:39] There's an industrial development that is, has been approved
[24:44] by the planning board, but one of the key elements
[24:47] for this particular development to move forward was in order
[24:51] to to get environmental permits through US Army Corps
[24:55] of Engineers through the New Hampshire Department
[24:59] of Environmental Services and New Hampshire Fish
[25:01] and Game, there was a requirement
[25:03] to place a protective easement on 28.7
[25:08] acres of that parcel.
[25:10] So there was a lengthy back and forth.
[25:13] The developer had brought this through,
[25:16] had hired some consultants to look at what was required,
[25:21] what would be acceptable to, to the various agencies.
[25:26] And as you can imagine, the more people
[25:27] that you get involved, the more intricate that it gets.
[25:30] But we were presented with a, an initial version of the
[25:34] stewardship easement in which the town
[25:36] would take the easement
[25:38] and be required through the Conservation committee
[25:41] to perform the full stewardship activities.
[25:44] And we brought that through to leadership
[25:47] for the Dairy Conservation Commission.
[25:49] There were some concerns
[25:50] and now we brought those back to the development team.
[25:53] They were willing to work through those concerns.
[25:56] And essentially now the stewardship agreement is,
[25:59] is much more friendly towards the town and town's needs.
[26:03] So essentially we're gonna be able to
[26:05] obtain an upfront payment and then there'll be of $7,500.
[26:09] There is a $1,000 annual payment plus a 2% escalator
[26:15] to assist with our stewardship efforts.
[26:17] But basically if there's some deficiency that's found
[26:21] by our land manager or anybody else working on behalf
[26:24] of the Dairy Conservation Commission, the re the requirement
[26:27] to fix, to amend would go back to the existing owner
[26:32] for them to deal with the issue.
[26:35] So we, the only way this would work through the state so
[26:40] that the permits could go forward, is that the town had
[26:42] to be the one who was holding the, the easement.
[26:46] So it would be something that we would
[26:48] actually accept the deed.
[26:49] You're gonna be giving me permission if you vote
[26:51] affirmatively to proceed with signing the deed
[26:56] to accept the easement.
[26:57] So one thing that I do want point out, just
[27:00] for full transparency,
[27:02] the Conservation Committee considered the full details
[27:05] of this agreement at their March 16th, 2020 16 meeting,
[27:09] and they voted five two to accept the final
[27:12] draft easement on that.
[27:14] So with an affirmative vote, then
[27:17] that puts one piece of this
[27:19] behind the permitting can move forward.
[27:21] And then I would expect that we will see further
[27:24] efforts towards finding a final suitor for this building
[27:27] and moving forward with Breaking ground,
[27:30] just again looking at the larger tax impacts.
[27:32] This building has the, the, you know, likelihood
[27:36] of producing some significant tax revenue
[27:39] is within the DCC TIF district.
[27:41] So ultimately it's supporting the proceeds
[27:45] or be supporting the funds that go into
[27:47] that particular district.
[27:48] So with that, if there's any questions,
[27:51] we can certainly have the public hearing.
[27:52] I, I'd be happy to answer.
[27:56] Is there a motion to open public hearing?
[27:58] I make the motion to open the public hearing. Second that.
[28:02] All right. On motion. Council mills? Yes. Councilor Healy?
[28:05] Yes. Councilor Webb? Yes. Councillor Chase? Yes.
[28:08] Councilor Flood? Yes. Councilor Foote?
[28:11] Yes. And chair votes? Yes. Motion passes. Seven zero.
[28:14] Public hearing is now open if you would like to speak.
[28:20] Madam Chair, none of the attendees online are raising
[28:23] their hand for your awares.
[28:30] David Preventer. 26 Oh, is the mic on? Okay.
[28:34] David Preventer, 26 Milmore Road.
[28:37] Just have like one like quick question about this property
[28:41] that's being developed there.
[28:42] Do you have an approximate idea of
[28:44] how many trees are gonna have to get torn up bulldozed
[28:48] to develop this warehouse?
[28:51] No, unfortunately I don't.
[28:53] A lot of the land back there is already cleared
[28:56] because it's the power line easement part of that property.
[28:59] There is a significant buffer towards the residential.
[29:04] I think it's towards the north and the east of that parcel.
[29:07] And that's the, the area that's being maintained.
[29:09] So it will provide a buffer,
[29:11] a tree buffer towards the residence on that north side.
[29:14] But the development primarily is,
[29:16] is towards the southern part
[29:18] and it also pushes over towards m
[29:20] and r wood recycling, which some of that has been, you know,
[29:23] cleared already as well.
[29:25] All right. Thank you. Thank you.
[29:27] That's all I wanted to know.
[29:35] Madam Chair. Seeing none rise,
[29:37] I make a motion that we close the public hearing.
[29:39] Second that.
[29:41] All right. On the motion
[29:42] to close public hearing Councilor Mills?
[29:44] Yes. Councillor Healy. Yes. Councillor Webb. Yes.
[29:47] Councillor Chase? Yes. Councilor Flood? Yes.
[29:50] Councillor Foote? Yes. And chair votes? Yes. Motion passes.
[29:54] Seven zero Councillors. Questions, comments?
[29:58] See no further questions. Madam Chair.
[30:01] I move re resolution number 2026 dash 20
[30:06] to authorize the town council
[30:08] to accept an easement at 41 Ashley Drive
[30:11] and 37 Scoby Pond Road
[30:13] where the Section 5.1
[30:16] of the Town Charter establishes the Town Council
[30:19] as a legislative and governing body of the town.
[30:22] And whereas the conditions for environmental permitting
[30:26] approval require town acceptance of 28.7 acres, plus
[30:30] or minus protected easement at 41 Ashley Drive
[30:34] and 37 Scoby Pond Road.
[30:37] And whereas RSA 36 dash a 41
[30:42] authorizes the receipt of gifts subject to the approval
[30:45] of the governing body
[30:47] and whereas the acceptance
[30:48] of this easement was previously reviewed
[30:51] and endorsed by the Dairy Conservation Commission.
[30:54] Now therefore be it resolved in counsel
[30:56] that the town administrator is hereby authorized
[30:59] to execute all required documents for acceptance
[31:03] of a protective easement on 28.7 plus
[31:06] or minus acres at 41 Ashley Drive
[31:09] and 37 Scoby Pond Road.
[31:12] This resolution shall take effect
[31:14] immediately upon its passage.
[31:17] Second. Alright, with a motion
[31:19] to second any further discussion Right on the motion.
[31:24] Council mills? Yes. Councilor Healy? Yes. Councilor Webb?
[31:27] Yes. Councilor Chase? Yes. Councilor Flood? Yes.
[31:29] Councilor Foot?
[31:32] No. Was that no, correct.
[31:37] No. Okay. Thank you. And Chair votes? Yes.
[31:40] Motion passes 6 1 0.
[31:44] And moving on to new business.
[31:47] We have in 26 38 resolution 2026 dash
[31:52] 0 2 3 to authorize an agreement
[31:54] for Broadview Farm Rental Town
[31:56] Administrator Mike Fowler presenting.
[31:58] Alright, so I had received an email from Land Manager
[32:02] Elizabeth Carver
[32:03] and she had indicated
[32:05] that the Dairy Conservation Committee was seeking to
[32:08] continue activities, agricultural activities on Broadview
[32:12] farm that they had always traditionally done
[32:14] through a handshake agreement.
[32:16] There's a new person that's gonna be taking over some
[32:19] of those agricultural activities.
[32:20] So we worked through the terms of a lease agreement that
[32:26] they were gonna be asking the town administrator to
[32:29] authorize and execute.
[32:31] And then obviously the individual
[32:32] who will be leasing the land from the town.
[32:35] So basically in the past,
[32:36] the way it always had worked was the individual would was
[32:39] out there and provided in kind services whether it was
[32:42] clearing use of machinery,
[32:44] brush hogging, things of that nature.
[32:46] We expect that to continue
[32:48] although there is a possibility of
[32:50] a straight up donation in the event that
[32:53] the individual is not able to provide
[32:56] those in kind services.
[32:58] So basically the deals, this is a three year deal
[33:01] with the Dairy Conservation Commission,
[33:04] having the management, if there are any issues
[33:06] or concerns, there are clauses to break the agreement
[33:10] with 90 days notice.
[33:12] And if there's any other items, there's insurance
[33:15] that never existed before.
[33:17] And we also have other provisions that align with other
[33:22] contracts that the town has for leases
[33:24] as you would have at say Adams Memorial
[33:26] and other facilities of that nature.
[33:28] So basically this is just a formal document to bring in
[33:33] to compliance
[33:34] or to bring in for a three year agreement
[33:37] for the use of Broadview Farm.
[33:41] Thank you. Questions Counsel.
[33:45] Motion Open up Public. Do we need a public
[33:47] Hearing? No, just new
[33:48] Business.
[33:49] No. Madame Chair.
[33:50] Seeing no further questions,
[33:51] I move resolution number 2026 dash 23
[33:56] to authorize an agricultural lease of a portion
[33:59] of Broadview farm.
[34:00] Whereas Section 5.1
[34:03] of the Town Charter designates the Town Council
[34:06] as the governing and legislative body of the town.
[34:08] And whereas RSA 41 11
[34:12] dash a authorizes the legislative body
[34:15] to enter into land leases.
[34:17] And whereas the Town
[34:18] and Dairy Conservation Committee has benefited from a
[34:22] longstanding agreement to cultivate
[34:24] and maintain the property.
[34:25] And whereas the Dairy Conservation Committee serves
[34:28] as stewards of Broadview Farm
[34:30] and seeks to continue applicable agricultural uses
[34:34] of the property and whereas a new lessee seeks to
[34:38] continue these efforts in partnership with this town.
[34:41] Now therefore be it resolved in council
[34:43] that the town administrator is hereby authorized
[34:46] to execute all necessary documents
[34:48] with Dairy Conservation Commission
[34:51] and the lessee for a three year lease for use
[34:54] of 9.5 acres plus or minus at Broadview Farm.
[34:58] This resolution shall take effect
[34:59] immediately upon its passage.
[35:03] There a second. Second. Alright, any further discussion?
[35:08] Okay. On the motion, Councillor Mills? Yes.
[35:10] Councillor Healy. Yes. Councillor Webb? Yes.
[35:13] Councillor Chase? Yes. Councillor Flood? Yes.
[35:15] Councillor Foot?
[35:17] Yes. And Chair Votes? Yes. Motion passes. Seven zero.
[35:23] Next is item 26 39,
[35:26] resolution 2026 dash 0 2 4.
[35:28] To accept wellness grant funding from Health Trust Town
[35:31] Administrator Mike Fowler again.
[35:33] Alright, this is a very minor item each year.
[35:37] Health Trust. Our carrier for health insurance
[35:41] provides grants to communities in an effort to try
[35:45] to promote employee engagement
[35:47] and employee awareness of certain programs
[35:49] that they have within their spectrum of of services.
[35:53] We've received this grant in the past
[35:56] before the 2026 version is $1,000
[35:59] and essentially that would be something
[36:02] that the Town Council needs to formally accept as a gift.
[36:06] And other than that, if there's
[36:08] any questions I can certainly answer that
[36:10] Questions.
[36:13] See no questions. Madam Chair,
[36:15] I move resolution number 2026 dash 24
[36:19] to apply for and accept wellness grant funding from Health
[36:23] Trust whereas the section 9.15
[36:27] of the Town Charter authorizes the Town Town Council
[36:30] to apply for except and expend funds received from the state
[36:35] and whereas the town has participated annually in Health
[36:38] Trust's Wellness Coordinator program to raise awareness
[36:41] of the physical activity, social
[36:43] and mental health of town employees and their families.
[36:46] And whereas these grant funds will be used to pro to promote
[36:50] and fund activities designed to maintain
[36:53] and enhance the health of the town's workforce.
[36:56] Now therefore be it resolved in council
[36:58] that the town administrator is hereby authorized to accept
[37:02] and expend $1,000 in wellness coordinator grant funds from
[37:06] Health Trust this resolution shall take effect
[37:09] immediately upon its passage.
[37:12] Second. Alright, any further discussion?
[37:15] Yeah, I just, I just find it painful
[37:19] to accept a thousand dollars grant in rebate from
[37:23] a organization that just raised our rates by 24%.
[37:27] It's pretty ironic that they deed
[37:31] to give us a thousand dollars back in the form
[37:34] of a, of a grant.
[37:37] I feel really pleased with this thousand dollars.
[37:40] So yeah, sorry for the sarcasm,
[37:42] but 24% was ridiculous.
[37:47] Duly noted. That's the point
[37:51] of being sarcastic at times. Alright,
[37:53] On that note on the motion, councilor Mills
[37:56] Was there, was there a second?
[37:57] Yeah. Yes. Although, yes.
[37:59] Councilor Healy. Yes. Councilor Webb
[38:02] Un enthusiastically. Yes.
[38:04] Councilor Chase? Yes. Councilor Flood? Yes.
[38:07] Councilor Foot?
[38:10] Yes. And Chair Votes? Yes. Motion passes. Seven zero.
[38:14] Okay. And now we have item 26 41,
[38:20] resolution 2026 dash 0 2 6
[38:22] to authorize an inter-agency agreement
[38:25] for a Justice assistance grant
[38:26] with Rockingham County Police Chief George Poli presenting.
[38:31] Thank you Madam Chair. Good evening Council members All.
[38:35] We seek authorization tonight
[38:37] to enter into an interlocal agreement
[38:39] with Rockingham County.
[38:41] You may recall from the past when we get Justice Assistance
[38:45] grants through the, the JAG programs commonly called,
[38:48] that requires us to,
[38:50] because we are disparate community has the town,
[38:53] the county has to be the applicant agency on our behalf.
[38:57] We were notified last week that we're eligible
[38:59] to receive an award of $14,407.
[39:03] The county will keep 7% for their administrative fee.
[39:07] So we have a net of $13,399
[39:11] that we have available to us
[39:13] to spend on law enforcement programs.
[39:16] I'll be back before you on the fifth
[39:18] for a public hearing on my plan to spend those funds.
[39:21] So tonight we just seek authorization to
[39:24] sign the interlocal agreement with the county.
[39:26] I'm happy to answer any questions you might have
[39:30] Questions So you know.
[39:33] Questions. Madam Chair,
[39:34] I move resolution number 2026 dash 0 2 6
[39:38] to authorize an inter-agency agreement
[39:41] with Rockingham County for a US Bureau of Justice
[39:44] Assistance grant for incident management equipment
[39:48] where Section nine point 15
[39:51] of the Town Charter authorizes the Town Council
[39:54] to accept grant funding.
[39:55] And whereas the Town Council has long recognized the need
[39:58] to keep up with technological advances
[40:01] for emergency services
[40:03] and whereas Rockingham County has received a Bureau
[40:06] of Justice Assistance grant in the federal FY
[40:10] 2025 budget,
[40:13] and whereas the town of Dairy qualifies
[40:15] for a subres receipt recipient
[40:19] by signing an inter-agency agreement.
[40:22] Now therefore be it resolved in counsel
[40:24] that the town administrator is hereby authorized
[40:27] to sign the interagency agreement with Rockingham County
[40:30] as a prerequisite to receive US Bureau
[40:33] of Justice Assistance grant funds.
[40:36] This resolution shall take effect
[40:38] immediately upon its passage.
[40:41] Second. All right. Motion a second.
[40:43] Any further discussion? All right.
[40:46] On the motion, councilor Mills? Yes. Councillor Healy. Yes.
[40:50] Councillor Webb? Yes. Councillor Chase? Yes.
[40:52] Councillor Flood? Yes. Councillor Foote? Yes.
[40:56] And Chair votes? Yes. Motion passes. Seven zero. Thank you
[40:59] Very much.
[41:00] See on the fifth. All right.
[41:02] Councilor comments and liaison reports.
[41:06] I just have one. I subbed very ablely
[41:09] and was complimented on the planning board in,
[41:12] in Counselor Chase's absence.
[41:14] He said it had never run quite so smoothly.
[41:16] I was upset though. I was upset.
[41:18] I had my flannel shirt
[41:19] and I went to a costume shop to rent a mustache like that
[41:22] because I wanted to make an entrance
[41:25] and unfortunately I couldn't find it,
[41:26] but it went well anyway.
[41:29] And thank you for the opportunity. You're welcome.
[41:32] Anybody else? I just wanna congratulate Lieutenant
[41:37] Oli on completing the Boston Marathon this week
[41:40] and everybody else who did it.
[41:42] Every, every year I watch the marathon
[41:43] and every year I think I should do that someday,
[41:46] but I will never do that, so,
[41:48] so I'm not gonna knock, gonna happen.
[41:50] I'm lucky if I can run a mile. Nevermind. 26.
[41:52] So congratulations to all those that did.
[41:55] I was watching yesterday.
[41:58] I want 26 and a half steps
[41:59] to the refrigerator twice. Good for
[42:01] You. Good for you.
[42:02] My philosophy is when I see a
[42:04] jogger smiling, I'll take it up
[42:07] On a positive though I'll brag.
[42:09] Two and a half years ago, my wife didn't know how to swim
[42:11] and last year she completed a half Ironman.
[42:13] So it's not too late for you.
[42:15] Well, don't tell me that.
[42:20] Councilor Foote, did you have something?
[42:23] No, thank you Madam Chair. Okay.
[42:25] See, don't further business.
[42:26] Madam Chair, I move to adjourn.
[42:28] Second. All right On on the motion. Councilor Mills? Yes.
[42:33] Councilor Healy? Yes. Councilor Webb? Yes. Councilor Chase?
[42:35] Yes. Councilor Flood? Yes. Councilor Foote. Chair votes.
[42:39] Yes. Have a good evening everybody. We're adjourned.