TOWN OF DERRY
Town Council Meeting January 6, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non-Public Session RSA 91-A:3 II (c)
Staff Present: David Gomez and Frank Childs
Call to order: Salute to Flag, Warning of Fire Exits, Handicap Access, and Turn off all Cell Phones and Pagers.
Roll Call: Councilors; Wetherbee, Fairbanks, Carney, Coyle, Chirichiello, Benson and
Chairman Metts
Consent Agenda
09-01 Acceptance of Minutes – December 2, 2008
09-02 Schedule Public Hearing – January 20, 2009 –
Amendment to Traffic Code –General Parking Restrictions
09-03 Request for Interest to be waived
Approved 7-0-0
Chairman’s Report
- Chairman Metts presented a Town of Derry Citation to Kerry Morency.
- Kerry is a member the Derry Parks & Recreation’s Timberwolves Team.
- Thanked everyone again for their assistance during the State of Emergency. The President of the US has declared 5 counties in NH as Emergency Disaster areas. If any residents have any ideas, complaints or accolades that would assist the Town Council to learn what the town could do better, please email the Town Council. (Councilor Fairbanks wanted to let the Council know that the Administrator of Nutfield Heights that she was appreciative of the assistance done by the Fire Department during evacuation of their building.
- The Community Profile meeting will be held on Jan. 24th @ WRB from 8-4pm breakfast and lunch will be served. Everyone is invited. please RSVP to the Planning office.
- Sad news a lifelong public servant to Derry has passed away. John Langone. We
send our condolences to his family.
Town Administrators
- Two-hundred and fifty thousand dollars was expended for contractors, overtime, food and necessities during the Ice Storm emergency. Approximately 75% of this should be reimbursable through FEMA. This does not include what the school district expended.
- FEMA funds are only available to Municipalities at this time and FEMA has not made a determination if individuals and businesses will be eligible.
- Budget preparation guidelines are in the packets and one budget scenario will be is no tax impact.
- Recycling Revenues report will be in the weekly TA report
- We received a Thank you letter to all who participated in the Salvation Army bell ringing campaign.
Councilor Fairbanks asked status of Tax collections for Town.
Frank Childs responded that the Tax Collector has been closing the month out but will have an update in TA report on Friday
Chairman Metts stated that brush pickup may not be completed until spring given the recent and ongoing inclement weather.
Public Forum
Open PF 7-0-0
Marge Bisson, Cole Rd - Very upset with performance of PSNH during the ice storm. Had live wires in driveway and PSNH was called several time and did not show up. There was a necessity for emergency reasons that this should have been taken care of. The Telephone Company came out and put a temporary telephone.
Councilor Carney asked if TA Stenhouse has heard anything regarding the State investigating the communication. Gary answered that the state is asking municipalities to comply with information.
Al Dimmock, High St. – Added that please RSVP to the Planning office regarding attendance for the Community Profile meeting.
Michael Gill, Gill Rd – Two things to speak about. 1.) Power outage and neglect of PSNH to trim tree. Town Council should consider making a statement of their displeasure to their legislators regarding this neglect of a maintenance program. 2.) Toll Booths south on Rte 93 displeased with the idea and Town Council should send a letter to DOT, Governor and Senators regarding this matter.
Close PF 7-0-0
Public Hearing
08-143 No Parking Restriction – Courthouse Lane
Open Public Hearing 7-0-0
TA Stenhouse gave overview that “Bike Path” is on one side and there not enough room for parking on the opposite side. It will be striped in the Spring.
Al Dimmock, Highway Safety Committee – the width of this road with two lanes in the opposite direction and the Bike Lane there is not enough room. It is a hazard and no parking would be for the safety of the public.
Mike Gill – Did the Highway Safety Committee consider to make this a one way street?
Chairman Metts replied that there were many considerations but the parking was not discussed due to the fact that the road was not built.
Close Public Hearing 7-0-0
The Town Council moves to amend the Town of Derry Code Chapter 150-4 (Prohibited Parking) adding:
Courthouse Lane - Both sides: Between Pearl Street and Rollins Street
Motion by: Councilor Carney, Seconded by Council Wetherbee. Vote: 7-0-0
08-144 Stop Sign – Courthouse Lane @ Rollins Street
Open Public Hearing 7-0-0
TA Stenhouse wanted to make Town Council aware that the Stop sign was already there as it was felt there was a public safety hazard.
Al Dimmock, High Safety Committee – discussed this stop sign although it was already up and it behooves the Council to vote on this in the affirmative.
The Town Council moves to amend the Town of Derry Code Chapter 150-10 (Stop Signs0 adding; Courthouse Lane @ Rollins Street.
Motion by: Councilor Carney, Seconded by Councilor Wetherbee. Vote: 7-0-0
08-146 Establish a Charter Commission
Open Public Hearing 7-0-0
Mike Gill, Gill Rd – he feels that this is a good idea. However he believes there should be 3 questions on the ballot: 1. Does the Town of Derry want to become a city?
2. Does the Town of Derry want to remain a Town?
3. Should the Town of Derry form a Charter Commission?
Doug Newell, English Range Rd – Prefers an efficient form of government. Doesn’t care about city or town. If putting the Town & School under one form of government if this would cause a 1% savings total budgets, it would lower taxes.
Al Dimmock, High St – Last Charter commission didn’t spend the full $25,000 and returned it to the town.
Closed Public Hearing 7-0-0
Council Wetherbee – is in favor of Charter Study Commission at no cost.
Councilor Benson – agrees generally with Wetherbee on study commission as Salem has.
Asked the School Superintendant how she felt. There’s no guarantee that the Town will run the School budget.
Councilor Coyle – likes Mike Gill’s idea on 3 separate votes. Feels Charter is poorly written and should be redone. Feels Study Commission is a waste of time and will have legal costs.
Councilor Carney – Likes 3 questions idea, voters will tell us if they want a Charter Commission or not. Both would need legal counsel.
Councilor Benson – stated the public needs to be educated about what it means to be a city or town.
Councilor Fairbanks- questioned in regards to the schools.
Councilors continued discussion with ideas and Charter Study Commission vs. Charter Commission and the timeline it would take.
TA Stenhouse explained that in most of the Cities in the state the schools are part of the City.
Chairman Metts gave his idea of how to put this in play. Put the non- binding question on the March 2009 ballot, form a committee, that committee reports back then Council decides whether to have a Charter Commission and refers it to the voters. You could have a special election or do it in conjunction with a regular election.
“Pursuant to RSA 49-B;3 I, Move that the Town Council determine that adoption of a new municipal charter is necessary, and by order provide for establishment of a charter commission to carry out such purpose.”
Motion by: Councilor Coyle, Seconded by Councilor Carney. Vote: 3-4-0 (Wetherbee, Chirichiello, Benson and Metts) motion failed
Mike Gill suggested making the third question should the Town of Derry form a Charter Study Commission.
Councilor Chirichiello suggested that the ballot questions be drafted and discussion continue at the January 20th meeting.
Chairman Metts moved to establish a Charter Study Committee revise certain sections of the Charter, comprised of three members of the Town Council, Seconded by Councilor Wetherbee. Chairman Metts withdrew his motion.
Councilor Carney moved to establish a Charter Study Committee, seconded by Councilor Wetherbee. Motion withdrawn
Councilor Fairbanks feels it should be all seven of the Council reviewing these changes to the Charter.
TA Stenhouse explained the differences between the technical changes and substantive changes Councilors are allowed to make.
Old Business
08-128 Veterans Credit Increase from $250 to $350
Pursuant to RSA 72:28 & RSA 72:27-a 1b & 2 moves that the Town Council increases the Veteran’s Tax Credit from $250 to $350 to take affect as of April 1, 2009, Motion by: Councilor Carney, Seconded by Councilor Coyle. Withdrew second. Restated below
Councilor Benson – concerned that Council is asking the rest of the Taxpayers to pick up the share of the $101,000, in this economy. Doesn’t believe it is the right decision at this time.
Councilor Carney – asked if the Council would consider something less than the $100 increase.
Council discussed different options and the effect on the tax rate.
Councilor Coyle – opted to have a discussion the amount of the increase.
Councilor Chirichiello – stated ½ of increase to $50.00
Pursuant to RSA 72:28 & RSA 72:27-a 1b & 2 moves that the Town Council increases the Veteran’s Tax Credit from $250 to $300 to take effect as of April 1, 2009. Motion by: Councilor Carney, Seconded by Councilor Coyle. Vote: 7-0-0
Possible Reconsideration of Hiring Freeze Vote
Move to reconsider the motion taken on 12/2/08 regarding the hiring freeze, seconded by
Vote: 4-3-0 (Wetherbee, Benson, Metts)
Move to enact a hiring freeze for the following open positions: 3-Fire, 3-Police,
1-Assessing Office also any other present and future openings until the end of FY09, with the caveat that the Town Administrator can come before the Town Council to fill an open position. A majority vote of the Town Council would be needed. Motion by: Councilor Chirichiello, Seconded by Councilor Fairbanks. Vote: 4-3-0 (Wetherbee, Benson, Metts)
New Business
09-04 Acceptance of $500 Grant from Fair Point Communications
Move that the Town Council authorize the acceptance of the gift of $500 from Fair Point Communications to be used for Human Service programs. Motion by: Councilor Coyle, Seconded by Councilor Fairbanks. Vote: 7-0-0
Public Forum – non agenda item
Open Public Forum 7-0-0
Al Dimmock, High St – Wondered why at a Public Hearing the public cannot speak after the floor is closed and Town Council has its discussion.
Close Public Forum 7-0-0
Council Requests/open discussion
Councilor Fairbanks asked if the meeting was set up for the Town Council and School Board.
Chairman Metts is working on it.
Councilor Fairbanks RFP for Fire Department and it was not cost effective.
Councilor Benson questioned when the discussion of Private Roads and the Downtown Study?
TA Stenhouse replied the Ice Storm was during the meeting time and it was cancelled. He will reschedule.
Councilor Coyle commented on Exit 4A. $125,000 was spent and the Town Council has not seen anything in a year.
Councilor Wetherbee constituents meeting rescheduled for January 17th at the Marion Gerrish Center Room #6. Would like to get consensus from council on having a goal setting workshop.
Adjourned at 9:35 p.m.
__________________________________________________ ___________________________
Town Clerk Date
Recording Clerk, Denise Neale, Town Clerk
Reviewed by: Gary Stenhouse, Town Administrator
Motion by: Councilor Chirichiello approv
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