TOWN OF DERRY
Town Council Meeting June 2, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non Public Session RSA 91A:3 II (c)
Staff Present: Chief Garone, Capt Feole, Frank Childs, Janice Mobsby, Mike Fowler, George Sioras, and Tom Carrier
Salute to Flag, Warning of Fire Exits, Handicap Access, Turn off all Cell Phones and Pagers
Roll Call: Councilors: Coyle, Chirichiello, Wetherbee, Fairbanks, Carney and Chairman Metts
(Benson absent – arrived at 8:00pm)
Consent Agenda
09-80 Acceptance of Non-Public Budget Review Minutes –
Sessions I & II - May 14, 2009
09-81 Acceptance of Budget Review Minutes – May 14, 2009
09-82 Acceptance of Budget Review Minutes – May 18, 2009
09-83 Acceptance of Non-Public Minutes – May 19, 2009
09-84 Acceptance of Minutes – May 19, 2009
09-85 Acceptance of Non-Public Minutes – May 26, 2009
09-86 Acceptance of Budget Adoption Minutes – May 26, 2009
09-87 Schedule Public Hearing – June 16, 2009 – Cemetery Fees –
Purchase of Lots
09-88 Schedule Public Hearing – June 16, 2009 – Amend the Derry
Town Code – Solid Waste Ordinance – Revision Chapter 128
09-89 Approve Elderly Exemptions
Consent Agenda Approved
Chairman’s Report
DRTA Family Day 6/6 @ Hood Park
Special Election on Charter Commission 6/9 @ Hood School 7:00 AM – 8:00 PM
Goal Setting Workshop – Mr. Stenhouse has contacted a facilitator he’s available 6/16, this is a regular Town Meeting night. Checked on 6/23 & 6/30 for availability. Will take approximately 2 hrs. Decided that 6-8pm is the Goal Setting Workshop and the Regular Meeting will begin at 8:00 PM
Summer Schedule – Meetings 7/14/09 & 8/11/09
Planning Board Appointments – Opening for a permanent member of the Planning Board
Chairman Metts nominated Paul Hopfgarten seconded by Councilor Carney
Councilor Chirichiello nominated Maureen Heard seconded by Councilor Wetherbee
Vote: Wetherbee-Heard, Fairbanks–Hopfgarten, Carney-Hopfgarten, Coyle-Hopfgarten, and Chirichiello- Heard, Metts-Hopfgarten. Hopfgarten 4 / Heard 2
Maureen Heard was asked to step into Mr. Hopfgarten alternate position which would give her another 2 years as an alternate. She accepted Nomination by Chairman Metts, seconded by Councilor Wetherbee. Vote: 7-0-0
Chairman Metts nominated Jessica Hodgeman to fill Maureen Heard alternate term, seconded by Councilor Fairbanks. Vote: 7-0-0
Derry Public Library – Board of Trustees Alternate
Elizabeth Ives stated under RSA:202 the board of trustees recommends to the governing body the name of the alternate and the governing board appoints.
Moved by Chairman Metts to appoint Phyllis Howard as alternate member of the Board of Trustee for the DPL, seconded by Councilor Wetherbee Vote: 4-0-2 (Coyle, Metts)
Citizen petition to amend the “Private Road Ordinance” was given to Town Council. The petition is asking the Town Council for the Town to pay the fees for the cost incurred by the town in order to file a “Private Roads Petition” before the Planning Board.
The petitioner Chris Niland spoke regarding his issue with the paying for the Title Search fees.
There was discussion between Council and George Sioras regarding this section of the ordinance. Council decided that Atty Boutin should be consulted regarding this section of the ordinance.
Chris Niland would like the “Private Roads Ordinance” subject put on the agenda on June 16th for discussion of the Mundy Lane case. Chairman Metts stated “consider it done”.
Administrator’s Report
Town Administrator Stenhouse gave a recommendation to the Town Council regarding taking a vote on the Public Hearing items that do not cause conflict or debate at the same meeting. He stated his recommendation that on routine hearing where there is little or no controversy Council should vote them up or down the same evening as the hearing.
3rd Quarter Financial Report
Frank Childs and Janice Mobsby gave an overview of the report.
Janice Mobsby gave an overview of the balance sheet as of March 31st. There was $27.6M cash on hand, $3.3M in tax and lien receivables, $4.4M inter fund payables, $8.1M long term bond debt and an unrestrictive fund balance of $23M.
Frank Childs gave overview of revenue and expenses. There are four areas below budget, Motor Vehicle Registrations, Building permits, Transfer Station recycling revenues and lastly interest on invested funds expected to be $150-$160 below budget. Ambulance revenues continue to be on track. Expenditures area snow & ice removal has been in arrears. There is a public hearing for a supplemental appropriation for this account.
Councilor Benson asked questions regarding end of year fund revenue.
Public Forum – Agenda & Non Agenda Items
Open Public Forum Vote: 7-0-0
Al Dimmock, High St – Stated he received his tax bill and paid it was paid today, so that gives him a right to address the Town Council.
Close Public Forum Vote: 7-0-0
Public Hearing
Councilor Benson asked that there be a process to vote on Public Hearings and everyone has to agree, Council Wetherbee agreed it has to be consistent.
Councilor Coyle suggested that if one or more of the Town Council does not want to take the vote it shouldn’t be taken.
Chairman Metts asked if when he and the Town Administrator make the Agenda that he would put Vote next to the item number if they feel it would not be controversial. Then if one or more of the Town Council doesn’t agree with the Public Hearing item they will not vote that evening.
09-71 The Assistance to Firefighters Grant (AFG) for the purpose of installing fire protection sprinklers in fire stations
Chief Klauber explained that the Assistance to Firefighters Grant (AFG) will allow the Fire Department funds to be used to install fire protection sprinkler systems in three of the Town’s Fire Station. The Grant is for $100,000.
Open Public Hearing Vote: 7-0-0
No input
Close Public Hearing Vote: 7-0-0
Move that the Town apply for and be authorized to receive and expend the “Assistance to Firefighters Grants” (AFG) for the purpose of installing fire protection sprinklers in the fire stations. Motion by: Councilor Carney, seconded by Councilor Wetherbee. Vote: 7-0-0
09-72 ELI Online Dog Licensing
Town Clerk Neale gave a quick overview of the convenience offered and the similarity of this to E-Reg as presently used in the Tax Collectors Department.
Move that the Derry Town Council approve the Interware Development Co, Inc service fee for the ELI Dog Online Program in the Town Clerk’s Office. Motion by: Councilor Benson, seconded by Councilor Wetherbee. Vote: 7-0-0
09-73 FY 2009 Snow Removal – Use of Capital Reserve Funds
Mike Fowler explained the situation and asked that the Town Council allow use the proceeds from the Winter Snow/Ice Control Capital Reserve in the amount of $100,000.
Open Public Hearing
John O’Connor asked if this money was over and above what FEMA has given the Town.
Mike replied, ‘yes’.
Close Public Hearing
There was discussion among the Town Council whether all of the funds should be transferred out of this fund.
Move that a supplemental appropriation of $100,000 be authorized for account #18422001-63000 and that this appropriation be funded by a transfer from the Winter Snow/Ice Control Capital Reserve fund to the Highway Division. Motion by: Councilor Benson, seconded by Councilor Wetherbee Vote: 6-1-0 (Coyle)
Old Business
09-65 VOTE: Justice Assistance Grant (JAG) Program
Chief Garone and Capt. Feole were present for questions.
Move that the Derry Town Council authorize the Town Administrator to accept & expend the Justice Assistance Grant in the amount of $174,723. Motion by: Councilor Carney, seconded by Councilor Benson. Vote: 7-0-0
09-76 Discontinuance of Easement – Rose Avenue
Mike Fowler stated that there have been two developments since the May 19th meeting. First he learned the cost for recording and documentation is between $175 - $200. Next request was forwarded to the Highway Safety Committee on May 21st; and the Highway Safety Committee voted to not endorse the relinquishing of this easement.
Al Dimmock and Chief Garone gave the Highway Safety Committee’s reasoning for not recommending release of this easement.
John Blaikie spoke in regards to this easement as it affects his property. It was stated he and Councilor Fairbanks are in disagreement over this easement.
Councilor Chirichiello motioned to table until June 16th, 2009 meeting seconded by Councilor Coyle. Vote: 6-0-1 (Fairbanks)
New Business
- FY 09 Year End Budget Adjustments
Project Transfers & Capital Actions Approved 6/2/09
For the purposes identified below, I move to transfer the following appropriations in the FY 09 Budget: Motion by: Councilor Benson seconded by Councilor Coyle Vote: 7-0-0
- To compensate for lower Investment Interest and Motor Vehicle Revenue
Activity Center Account Description Acct/Object Increase Decrease
OMO |
Investment Interest Revenue |
|
|
150,000 |
Tax Collector |
Motor Vehicle Revenue |
|
|
400,000 |
Police |
Wages |
110 |
|
150,000 |
Police |
Benefits |
200 |
|
100,000 |
Fire |
Wages |
110 |
|
50,000 |
Fire |
Benefits |
200 |
|
155,000 |
Fire |
Training |
291 |
|
10,000 |
Fire |
HVAC |
411 |
|
8,000 |
Fire |
Diesel |
636 |
|
15,000 |
Dispatch |
Temporary Wages |
120 |
|
12,000 |
OMO |
Debt Service |
981 |
|
50,000 |
|
|
|
- |
1,100,000 |
- Fund Increased Legal Services. Motion by: Councilor Benson, Seconded by Councilor Coyle Vote:7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Other Municipal Obligations |
Legal |
301 |
50,000 |
|
Admin |
Benefits |
200 |
|
50,000 |
|
|
|
50,000 |
50,000 |
- Fund Increased Audit Fees. Motion by: Councilor Benson, Seconded by Councilor Coyle Vote: 7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Finance |
Auditing Fees |
390 |
6,032 |
|
Business Development |
Wages |
110 |
|
6,032 |
|
|
|
6,032 |
6,032 |
- Fund Personnel Costs associated with Teamsters and Police Supervisors union contract settlements. Motion by: Councilor Benson, Seconded by Councilor Coyle Vote: 7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Police |
Wages |
110 |
53,840 |
|
Police |
Other Compensation |
190 |
1,640 |
|
Police |
Benefits |
200 |
8,870 |
|
Recreation |
Wages |
110 |
80 |
|
Recreation |
Benefits |
200 |
10 |
|
Parks |
Wages |
110 |
11,800 |
|
Parks |
Temp Wages |
120 |
4,150 |
|
Parks |
Overtime |
140 |
860 |
|
Parks |
Benefits |
200 |
120 |
|
Building & Grounds |
Wages |
110 |
11,590 |
|
Building & Grounds |
Overtime |
140 |
710 |
|
Building & Grounds |
Benefits |
200 |
1,500 |
|
Cemetery |
Temp Wages |
120 |
1,550 |
|
Cemetery |
Overtime |
140 |
320 |
|
Cemetery |
Benefits |
200 |
210 |
|
Highway |
Wages |
110 |
26,880 |
|
Highway |
Overtime |
140 |
5,670 |
|
Highway |
Benefits |
200 |
2,220 |
|
Vehicle Maintenance |
Wages |
110 |
7, 800 |
|
Vehicle Maintenance |
Overtime |
140 |
600 |
|
Vehicle Maintenance |
Benefits |
200 |
1,260 |
|
Transfer Station |
Wages |
110 |
14,740 |
|
Transfer Station |
Overtime |
140 |
1,530 |
|
Transfer Station |
Benefits |
200 |
730 |
|
Administration |
Benefits |
200 |
|
158,680 |
|
|
|
158,680 |
158,680 |
- Transfer to correct budgetary account classification errors
Motion by Councilor Benson, Seconded by Councilor Coyle Vote: 7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Fire |
Non-Capital Inventory |
690 |
33,000 |
|
Fire |
Supplies |
610 |
|
33,000 |
|
|
|
33,000 |
33,000 |
- I move to extend the Network Infrastructure Capital Project Fund to June 30, 2010. Motion by Councilor Benson, Seconded by Councilor Coyle Vote: 7-0-0
- As Water Commissioners I move to transfer for water infrastructure to a non-lapsing capital project fund entitled Scobie Pond Water High Service Area improvements to increase said budget to $400,000. Motion by: Councilor Benson, Seconded by Councilor Coyle Vote: 7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Water |
Other Improvements |
730 |
180,000 |
|
Water |
Transfer to Capital Project |
930 |
|
180,000 |
|
|
|
180,000 |
180,000 |
- As Water Commissioners I move to establish a non-lapsing fund capital project fund entitled Meadowbrook Community Water System Improvements and fund said budget of $40,000 from the water division. Funds not expended or obligated by June 30, 2010 will lapse to water division fund balance. Motion by Councilor Benson, Seconded by Councilor Wetherbee Vote:7-0-0
Activity Center Account Description Acct/Object Increase Decrease
Water |
Other Improvements |
730 |
40, 000 |
|
Water |
Transfer to Capital Project |
930 |
|
40,000 |
|
|
|
40,000 |
40,000 |
09-91 Economic Development –
Council discussed with Frank Childs funding and bonding of this project and use of fund balance. Council discussed with Mike Fowler the costs of this project and parcels available.
Motion to move to Non-Public under RSA 91A:2, III (d) land and acquisitions (discuss cost of land acquisitions for this project) motion by Councilor Coyle seconded by Councilor Carney Vote: 7-0-0
Motion to extend 10 minutes Vote 7-0-0
- Rockingham Road Area – Water & Sewer Extension
Council discussed water/sewer extensions with Mike Fowler and he explained what other necessary set ups would be needed to further this phase.
Tom Carrier was asked about bonds that would be retiring soon. Council discussed with Tom Carrier how this project would be paid for such as rate payers vs. taxpayers. Tom stated this would be decided by Town Council.
Motion to extend 10 minutes Vote 7-0-0
Town Administrator Stenhouse gave Town Council another option for Economic Development.
He contacted the Rockingham Economic Development Corporation and asked if they would manage a Derry loan program. TA Stenhouse asked if they would give the Town a proposal and they have. In essence what they would do is there should be a minimum of $250,000 in a “Revolving Loan Fund” The Town Council would designate a few people to work with them. REDC is a non-profit organization. TA Stenhouse will provide the proposal to Town Council.
Council Requests / Open Discussion
None
Adjournment 10:25 p.m.
___________________________________ ____________________
Town Clerk Date
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