TOWN OF DERRY
Town Council Meeting February 17, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non- Public Session RSA 91A:3 II (a) (c)
Staff Present: Frank Childs, Mike Fowler, Larry Budreau and Tom Carrier
Salute to Flag, Warning of Fire Exits, Handicap Access, Turn off all Cell Phones and Pagers
Roll Call: Councilors; Wetherbee, Fairbanks, Carney, Coyle, Chirichiello, Benson and
Chairman Metts
Consent Agenda
09-16 Acceptance of Non-Public Minutes – February 3, 2009
09-17 Acceptance of Minutes – February 3, 2009
09-18 Approval of Veterans’ Credits
09-19 Approval of Elderly & Disabled Tax Deferral
Approved
Chairman’s Report
Administrator’s Review has been completed.
- Frost Festival – Thank you to all. Frost Ball was a sell-out
- 2/19 Town Council & Delegation will meet at the Superintendants Office at 7pm
- 2/21 Post 1617 & Auxiliary Post 1617 will be celebrating their 80th yr. Councilor Fairbanks will attend.
- 3/29 Dedication of Synagogue 1:00 pm
- 4/8 Derry Community 8 – 4 pm
- 3/10 Town of Derry & Derry School District voting. Polling place are Dist 1 & 4 Gilbert H Hood School and Dist 2 & 3 WRB School. Polls open 7am – 8 pm
Administrator’s Report
***** Meet with Boards and Commissions Chair
Meeting with Boards and Commissions Chairs should take place after the Town Elections.
Councilor Coyle asked the Town Administrator to discuss the Governor’s Budget and its effect on the town.
Town Administrator Stenhouse stated that the Town of Derry could lose as much as $1.9M in state funds under the Governor’s proposed budget. That’s because the proposal eliminates both the Town share of the Rooms and Meals Tax and General Revenue Sharing. If the Governor’s budget is adopted as presented, the Administrator stated this could result in the elimination of approximately 25 positions from the Town Budget including the 8 positions that are currently vacant. He suggested the Town Councilors send a message to our local legislators protesting these potential cuts and further stated that the Governor’s Budget appeared to be achieving balance at the expense of the towns and Cities. .
Public Forum – non agenda items
Open Public Forum 7-0-0
Doug Newell, Communication Director of ADTP - Derry’s present form of government has failed due to the tax rate. He gave examples of how the ADTP feels this failure has happened. The ADTP has voted unanimously to explore other forms of government. ADTP has begun the petitioning process that will allow the voters to decide what form of government best suits them.
Howie Lund, English Range Rd – The banks in Derry are not “Redlining” Derry but what they are saying is that they can provide people with much more of a mortgage if they choose a town other than Derry. They see the tax rate high now and see it to be escalating in the future. They are not “Redlining” Derry but are suggesting people look at other towns. He echoes the need for change.
John Burtis, Lorri Rd – Economic times are tough. If we are looking for some kind of payout from the government why would we use this money on projects that are unnecessary instead of some relief for taxpayers. He listed different places in town that would benefit from these monies.
Close Public Forum 7-0-0
Public Hearing
09-13 Lampton Drive – Road Acceptance
Mike Fowler gave the background information as per the Planning Board Meeting on 1/21/09.
When accepted, allow PW to perform maintenance on this road.
Open PH 7-0-0
Close PH 7-0-0
Motion: The Town Council moves to accept Lampton Drive as a class V roadway as recommended by the Planning Board. Moved by: Councilor Fairbanks Seconded by Councilor Wetherbee Vote: 5-0-2 (abstained Carney & Chirichiello) Councilor Benson noted the developer is a customer of his.
Move to re-convene as Water/Sewer Commissioners 7-0-0
09-14 Water/Sewer Commissioners – Meadowbrook Community
System
Tom Carrier reviewed the feasibility study on the Meadowbrook system and response to some water supply issues and the subsequent letter of deficiency by the DES. The options available and what could be the end results. Councilors asked questions regarding the process.
Open PH 7-0-0
Close PH 7-0-0
Motion: The Town Council acting as Water Commissioners, endorse the and approve funding up to $40,000 from existing FY2009 budgeted funds for the well improvements and the demand management recommendations as outlined in the Meadowbrook Water System Short-Term Recommendations report. Moved by: Councilor Benson Seconded by Councilor Wetherbee Vote: 6-0-1 (abstained Coyle)
Move to convene as Water/Sewer Commissioners 7-0-0
09-16 Private Roads Ordinance
Open PH 7-0-0
Jack Christopherson, Tobacco Rd – requested the Town grade the sewer covers as this causes holes in the road when there is water runoff and they are becoming a problem. He did not sign an easement for the Town Sewer on his road and he was the only resident at that time the rest of the residents were summer cottages.
Diana Lachance, Julian Rd – has approached Town Council several times regarding her road being approved to be public. It was on the list and then removed. She would like the present Town Council to resolve this issue once and for all and put her road back on the public list. She will provide the Town Administrator with all the information that she has.
Diane Gill, Worthley Rd – She applauded Town Council for trying to resolve this issue. Spoke in regards to Worthley Rd having a lower and upper portion. Upper Worthley Rd is listed in a plot plan as an extension with no sewer. She is against making upper Worthley Rd public.
Johanna Bostwick, Mundy Lane – Residents of Mundy Lane would like their road public. The Fire Department comes up and turns around. She would like a petition format for the neighbors to sign to make the road public. The Town Administrator could have legal counsel do that.
Chairman Metts asked if she had signed an easement for the sewer. Ms Bostwick replied she had not.
Diane Gill, Worthley Rd – Urged the Town Council to accept roads that have already given part of their land away for the sewers.
Jack Christopherson, Tobacco Rd – questioned how 100% signatures would be possible when bank owned property is on the road.
Tina Claremont, Scobie Pond Rd/Julian Rd – She is here to back up Diana Lachance. She has been there with her at the meetings she’s attended over the years. When she purchased her home 20 years ago she was told Julian Rd was a public road. Her 22 yr old son remembers watching the graters when they grated the road.
Close PH 7-0-0
Schedule for a vote on 3/3/09 meeting.
Council Discussion.
Coyle – wanted to make sure the consensus was no more plowing of these 14 private roads (now being plowed) after this vote.
Carney – read section of resolution that pertains to plowing. They must file within 6 months of the effective date of March 19, 2009. .
Discussed when voting should take place and notification to the residents of the 14 roads.
Motion: The Derry Town Council adopts Resolution #08-16 “A Resolution Governing the Private Roads in the Town of Derry”. Moved by: Councilor Carney, Seconded by Councilor Coyle
Councilor Fairbanks asked to make an amendment to Section 2 A. 2. An exception to the 100% petition may be considered by the Town Council for bank owned properties, Seconded by Councilor Carney.
Town Council discussed the above amendment to the motion. (Second withdrawn by Councilor Carney)
On the original motion: Vote: 5-2-0 (Wetherbee, Chirichiello)
Old Business
09-08 Authorization to Advertise and Fill Positions
- Tax Collector / Municipal Agent
Frank Childs explained his urgency for this position to be posted. He gave what the training plan would be for the new Tax Collector to begin May 1st. Cost would be $10,000 - $15,000.
Motion: The Derry Town Council moves to authorize to fill the Tax Collector position. Moved by: Councilor Coyle, Seconded by Councilor Wetherbee Vote: 3-4-0 (Fairbanks, Carney, Coyle, Chirichiello) failed
- Water & Sewer Electrician
Tom Carrier stated that due to a resignation in early January of the Chief Electrician this position is open. Tom gave an overview of the position and stated that this is a very difficult position to fill. Option not to fill the position is contracted services. There is a person filling in at the moment as on the job training.
Council questioned Mike Fowler on re-arranging his department staff.
Councilor Coyle stated that the hiring freeze was until the budget season. He doesn’t want to hire someone today if they are going to have to layoff someone in July. He stated they could relook at the Tax Collector and Water & Sewer Electrician positions after the budget. He is asking everyone to wait 60 days.
Motion: The Derry Town Council moves to authorize to fill the Water & Sewer Electrician II vacancy. Moved by: Councilor Wetherbee, Seconded by Councilor Coyle Vote: 0-7-0
- Part Time Health Administrative Support
Larry Budreau is seeking approval to hire immediately a part time Health Administrative Assistant for the Health Department. The key difference is that of the 24 hrs per week this person would work 16 hours would be funded by the Public Health Care Grant.
Council discussed the funding only until June 30th.
Motion: The Derry Town Council moves to authorize to fill the Part Time Health Administrative Support position. Moved by: Councilor Coyle, Seconded by Councilor Wetherbee Vote: 0-7-0
09-10 Authorization to Advertise and Fill Position
Town Administrator Stenhouse is withdrawing this item based upon the meeting with Chief Garone and the budget proposal released by the Governor. He does not want to move forward at this time because it appears the Town might have to eliminate these positions in the FY 10 budget.
New Business
09-20 Charter Study Committee
Councilor Wetherbee stated this has been his position from the beginning. Looking into a City form of Government is valid. Without putting a referendum question on the ballot, he feels as a Council it is their obligation to look into any savings that may be involved for the taxpayers.
Motion: The Derry Town Council forms a Charter Study Committee to study the issue of Derry becoming a city. Further move that the committee consist of: 3-Town Councilors,
3-members of the Public to be appointed by the Town Council and 3-members appointed by the Derry School Board. Moved by: Councilor Wetherbee, Seconded by Councilor Coyle (no vote taken)
Councilor Coyle stated if there was a vote on this motion he would raise a “Charter Objection”.
The Town Councilors had discussion on Charter Study Committee vs. Charter Commission.
Charter overview should be handled by the Town Council. There was a lengthy good debate.
Chairman Metts requested that Town Administrator Stenhouse contact the Town of Salem and get the information on what they have done regarding this issue. Discussion will be postponed until the March 3rd meeting.
Motion to extend for 10 minutes by Coyle, seconded by Wetherbee vote: 6-0-0
Public Forum – non agenda item
Open Public Forum 6-0-1
Al Dimmock, High St – He discussed sidewalk plowing. He contacted his Councilor and his Councilor contacted the DPW; however, they did not come out and follow up.
Roberta Robie, Chester Rd – A Charter Commission has bounced around the city issue many times. Exit 4-A idea was to take transit traffic away from downtown. The cost of the Bike Path is not going to lower the taxes. By taking the School Department under a city instead of the voters voting on the School budget puts it in the hands of seven Town Councilors. She would like to see any Charter Commission formed to update the public as to what it is costing the town.
Diane Gill, Worthley Rd- She would like Councilor Wetherbee to abstain from voting on anything to do with Worthley Rd.
Close the Public Forum 7-0-0
Motion to extend another 10 minutes by Councilor Wetherbee, Seconded by Councilor Coyle Vote: 7-0-0
Council Requests / Open Discussion
Councilor Fairbanks questioned the status of CLD. She would like the minutes from the last time CLD came before the Town Council provided to council for their review.
Town Administrator Stenhouse met with Dave Caron of Londonderry and Chris Bean from CLD and he has asked Chris to come to a Town Council in March. He will have him come into the March 17th meeting or Council may request a special meeting on March 24th
.
Councilor Fairbanks also asked about the 14 Parking Spaces in the Abbott Ct parking lottery, who won them. Since only three or four people applied for the permits no lottery was held and all permits were granted . She also asked that the Legal opinion on Worthley Rd be made public. Said opinion has already has been; however, we will add it to these minutes.
10:15 p.m. Adjournment
Recording Clerk, Denise Neale, Town Clerk
Reviewed by: Gary Stenhouse, Town Administrator
_________________________________________ ____________________________
Town Clerk Date
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