TOWN OF DERRY
Town Council Meeting June 16, 2009
Derry Municipal Center Tuesday 8:00 p.m.
Staff Present: Frank Childs, Janice Mobsby, Capt Feole, Chief Garone, Mike Fowler, Alan Cote
Salute to Flag, Warning of Fire Exits, Handicap Access, Turn off all Cell Phones and Pagers
Public Service Announcement: The Chairman has strayed from protocol. The public will be allowed to speak during the Public Forum and Public Hearings only.
Roll Call: Councilors: Coyle, Chirichiello, Benson, Wetherbee, Fairbanks, Carney, and
Chairman Metts
Consent Agenda
09-92 Acceptance of Non-Public Minutes – June 2, 2009
09-93 Acceptance of Minutes – June 2, 2009
09-94 Schedule Public Hearing – July 14, 2009 – FY 2009
Justice Assistance Grant of $41,646
Accepted
Addition: Schedule a Public Hearing – July 14, 2009 – Proposal of East Derry Village Improvement Society (EDVIS) for the purpose of the Upper Village Hall
Chairman’s Report
Upper Village Hall Presentation by Rebecca Rutter and Margaret Ives. Rebecca spoke on the history of the Upper Village Hall and its use over the years. In February 2008, an ADHOC Committee called “Save the Upper Village Hall” was formed for the restoration for public and private use of the Upper Village Hall. In 2007 the hall was put on the NH Historical Register as one of the seven buildings on the important to save list. It has been empty since 2005. The East Derry Village Improvement Society, founded in 1902, is proposing to restore the building. Exterior is in need of repair before winter. The EDVIS would like to hold a public hearing on the proposed option including a possible purchase of the building.
Motion by Councilor Wetherbee to add 09-98 Public Hearing – Proposal of East Derry Village Improvement Society (EDVIS) for the purpose of Upper Village Hall – July 14, 2009, seconded by Councilor Benson. Vote: 7-0-0
*Recreation Summer Programs begin this week
*Charter Commission Election will be held on August 4, 2009
*Charter Commission Candidacy Filings June 17, 2009 – June 26, 2009
*Charter Study Committee met with Maura Carroll of LGC at its meeting on June 15, 2009. The Charter Study Committee will issue a report to Town Council at its conclusion on July 27th.
*Update on Special Meeting regarding NSP grant denial. A letter has been sent to local and State Representatives regarding the denial. Town Administrator Stenhouse has spoken to some the Representatives.
*Private Road Ordinance residents from previous plowed roads who wish to petition for a Public Road need to do so by 9/19/09.
Councilor Wetherbee asked if notification had been sent with this information. He requested notification be sent to the residents on the Winter Maintenance Roads no later than July 15, 2009.
*Will Bernier the oldest living Derry Resident has passed away. He was the Recipient of the “1909 Boston Cane”. The cane is presently incased at the Municipal Center.
Administrator’s Report
N/A
Public Forum – Non Agenda Items
Open the Public Forum Vote: 7-0-0
Howie Lund, English Range Rd – Spoke in regards to the Maureen Rose incident
Chris Niland, Mundy Lane- He expressed his dissatisfaction and confusion on the process for the Private Roads Ordinance and the fees for the other title searches. He would like the Planning Department to put them on the Planning Board Schedule within two weeks.
John Burtis, Lorri Rd – Was flabbergasted to hear the Town was receiving money to build a new Fire Station and replacing the one at the circle. There should be no new building by the Town.
Close the Public Forum Vote: 6-0-0 (absent Chirichiello)
Public Hearing
09-87 Cemetery Trustees – Cemetery Fees- Establish a fee of $725/lot for new section
Of Forest Hill Cemetery
Mike Fowler and Alan Cote highlighted the new fee structure for the New Section of the Cemetery and the costs that were incurred to create this section. There are only 55 lots left in the old section of the cemetery.
Open Public Hearing 7-0-0
Al Dimmock, High St – Asked the Town Council to convene as Cemetery Trustee.
Motion by: Chairman Metts to convene as “Cemetery Trustees”, seconded by Councilor Fairbanks. Vote: 7-0-0
Al Dimmock, High St –addressed Alan Cote for the specifics of these lots in the new section.
Close Public Hearing 7-0-0
Motion by: Councilor Benson the Derry Town Council, acting as Cemetery Trustees, establish a fee of $725.00 per lot for the new section of Forest Hill Cemetery on parcel formerly known as the Sheppard Property, and $300 per Cremation Lot in the new section, Seconded by Councilor Wetherbee. Vote: 7-0-0
09-88 Amend the Code of the Town of Derry – Revision of Solid Waste Ordinance –
Chapter 128:12D
Mike Fowler and Joan Cornetta gave an overview of the cost currently paid by the Town to dispose of these items. Mike Fowler stated, there are Big Box stores that accept any TV or monitor under 32” at no cost to be recycled.
Open Public Hearing 7-0-0
No public input
Close Public Hearing 7-0-0
Motion by: Councilor Wetherbee the Derry Town Council moves to adopt the revised fee structure in Chapter 128:12D as follows:
ADD – Televisions/Monitors 13” – 25” = $15.00
Televisions/Monitors 26” and larger = $25.00
Seconded by Councilor Coyle Vote: 7-0-0
Motion to reconvene as Town Council by Chairman Metts, seconded by Councilor Carney Vote: 7-0-0
Old Business
- Discontinuance of Easement – Rose Avenue
Some Town Councilors had visited the area and believe there is enough room to turn around at the end of Rose Ave.
Mike Fowler stated from a Public Works standpoint the easement can be discontinued.
Councilor Fairbanks asked if a compromise could be made to release a smaller area.
Mike Fowler stated that is up to the Town Council.
Councilor Chirichiello asked Mr. Blaikie if he would pay for the legal fees. Mr. Blaikie replied yes.
Motion by: Councilor Benson the Derry Town Council moves to discontinue the temporary turnaround noted on Plan B-1591 for 3 Rose Avenue. The Derry Town Council further moves to authorize the Town Administrator to execute a quit claim deed releasing interest in said specific area, Seconded by Councilor Chirichiello.
Amended to include fees be paid by individual who benefits from release of easement Vote: 2-3-2 Failed (Wetherbee, Coyle, Metts) (abstained: Fairbanks and Chirichiello) note: Councilors Wetherbee and Metts went on the recommendation of the Highway Safety Committee.
New Business
09-94 Authorize the TA to Execute Interlocal Agreement between Town of Derry and Rockingham County – JAG
Chief Garone and Capt. Feole reviewed the JAG Grant Program and its purpose of how the funds would be distributed. It is short notice but information was just received. Total amount to be received by Derry is $41,646 less a 5% administration fee for Rockingham County. Derry will receive $39,564.
Purchases: Electronic Sign Board
Records Management Software Upgrade
Crime/Accident Scene Mapping Equipment
Backup Radio System Upgrade
There are four other communities receiving funds from this grant.
Motion by: Council Benson move that the Derry Town Council authorize the Town Administrator to execute the Interlocal agreement between the Town of Derry and the County of Rockingham NH subject to the possible revocation of approval following the Public Hearing and vote to accept the Justice Assistance Grant Award, Seconded by Councilor Carney. Vote: 6-0-1 (Coyle)
09-96 VOTE: Authorization “Energy Efficiency & Conservation Block Grant (EECBG) under A.R.R.A
Motion by: Councilor Benson: I move that the Town of Derry enter into a grant agreement with the Department of Energy for the purpose of obtaining Energy Efficiency and Conservation Block Grant (EECBG) funds. Further, the Derry Town Council moves to authorize the Town Administrator to apply for and accept EECBG grant funds in the amount of $133,200.00 Seconded by Councilor Wetherbee Vote: 6-0-1 (abstained Carney)
09-97 Final Budget Transfers
Janice Mobsby gave the summarization of the budget transfer requests
- Additional funds are needed for the Florence Street Bridge Capital Project. Funds are primarily from personnel lines within the Police, Fire, Dispatch and Health Departments due to vacancies and lower earned time payments. Other savings from lines within the Fire budget due to savings associated with electricity, gasoline, supply and equipment lines.
- Additional funds will be needed to fund the cash flow of the Fordway Capital Project which will ultimately be reimbursed through Federal Stimulus funds. Funds are available from the Executive and Emergency Management Departments.
- A Community Profile was conducted in conjunction with Master Planning in April 2009. Funding for the project administered through Community Development is available from unexpended Business Development appropriations.
- Contractually obligated ET payment occurred in Community Development that was not budged. A transfer of $7,500 to cover the distribution is available from unexpended fund available in Business Development
- Settlement of the PATE and Support Staff labor contracts required a transfer to cover the associated personnel costs in Community Development. A transfer is available from the Executive Department’s Administrative area benefits line where a lump sum to cover negotiations was appropriated.
Motion by Councilor Fairbanks:
- I move to transfer $435,085 to the Florence Street Bridge Project and to increase said capital project’s appropriated budget to $735,000. Source of funds shall come from available FY09 budget transfers set forth in item #1 of the attachment labeled Budget Transfers Recommended 6/16/09. Unexpended or reimbursed funds at the completion of this project shall automatically transfer to the Fordway Bridge Project to fund the construction phase of that project.
- I move to transfer $70,000 to the Fordway Bridge Project and to increase said capital project’s appropriated budget to $270,000. Source of funds shall come from available FY09 budget transfers set forth in item #2 of the attachment labeled Budget Transfers Recommended 6/16/09.
- I move to transfer $22,600 to the Community Development Department to fund Costs associated with the Community Profile Event and contractually obligated personnel costs associated with the P.A.T.E. and A.F.S.C.M.E. Support Staff union contracts. Source of funds shall come from available FY09 budget transfers set forth in items #3 through #5 of the attachment labeled Budget Transfers Recommended 6/16/09. I further move that the attachment labeled Budget Transfers Recommended 6/16/09 be recorded in the official minutes of this council meeting in its entirety.
Budget Transfers Recommended 6/16/209
For the purposes identified below, I move to accept the budgetary transfer recommendations from the FY09 Budget:
Activity Center |
Account Description |
Acct/Object |
Increase |
Decrease |
1. Transfer funds to Florence St Bridge Project to increase said capital project's appropriated budget to $735,000. |
Highway |
Transfer to Capital Project Fund # 2008 |
930 |
435,085 |
|
Police |
Wages |
110 |
|
125,000 |
Police |
Overtime |
140 |
|
50,000 |
Police |
Other Compensation |
190 |
|
140,000 |
Health |
Wages |
110 |
|
34,085 |
Health |
Benefits |
200 |
|
13,500 |
Dispatch |
Wages |
110 |
|
5,000 |
Dispatch |
Temporary Wages |
120 |
|
10,000 |
Dispatch |
Other Compensation |
190 |
|
4,000 |
Dispatch |
Benefits |
200 |
|
20,000 |
Dispatch |
Machinery & Equipment |
740 |
|
10,000 |
Fire |
Benefits |
200 |
|
4,000 |
Fire |
Electricity |
411 |
|
3,000 |
Fire |
Supplies |
630 |
|
9,500 |
Fire |
Gasoline |
635 |
|
5,000 |
Fire |
Machinery & Equipment |
740 |
|
2,000 |
|
|
|
435,085 |
435,085 |
2. Transfer funds to Fordway Bridge Project to increase said capital project's appropriated budget to $270,000. |
Highway |
Transfer to Capital Project |
930 |
70,000 |
|
Administration |
Benefits |
200 |
|
10,300 |
Police |
Gasoline |
635 |
|
40,000 |
Emergency Management |
Overtime |
140 |
|
4,000 |
Emergency Management |
Training |
291 |
|
2,500 |
Emergency Management |
Gasoline |
635 |
|
2,500 |
Emergency Management |
Vehicle Repairs |
660 |
|
1,000 |
Business Development |
Benefits |
200 |
|
2,300 |
Business Development |
Training, Travel & Conferences |
290 |
|
3,000 |
Business Development |
Printing |
550 |
|
3,000 |
Business Development |
Dues & Subscriptions |
560 |
|
1,400 |
|
|
|
70,000 |
70,000 |
3. Transfer to cover the cost of Community Profile event and associated costs in Community Development Department. |
Community Development |
Supplies |
620 |
800 |
|
Community Development |
Management Services |
330 |
3,300 |
|
Business Development |
General Supplies |
610 |
|
1,600 |
Business Development |
Office Supplies |
620 |
|
400 |
Business Development |
Postage |
625 |
|
200 |
Business Development |
Books & Periodicals |
670 |
|
1,900 |
|
|
|
4,100 |
4,100 |
4. Transfer to cover the cost of earned time paid in the Community Development Department. |
|
Community Development |
Earned Time Pay |
190 |
7,235 |
|
Community Development |
Benefits |
200 |
765 |
|
Business Development |
Advertising |
540 |
|
8,000 |
|
|
|
8,000 |
8,000 |
5. Transfer to cover personnel costs associated with PATE & AFSCME Support Staff contracts in Community Development. |
Community Development |
Wages |
110 |
9,000 |
|
Community Development |
Benefits |
200 |
1,500 |
|
Administration |
Benefits |
200 |
|
10,500 |
|
|
|
10,500 |
10,500 |
Seconded by Councilor Wetherbee. Vote: 7-0-0
- Discussion of Private Road Ordinance
Town Administrator Stenhouse gave some of the points in Attorney Boutin letter. 1.) You can only require the abutters to pay for the notice of their property and not the people are two hundred feet away, this is the town’s responsibility and 2.) Because it is an elective procedure, that to require abutters to pay for title searches is appropriate. In most cases title searches are not necessary in depending on the quality of information in the Assessors Office. Applicants can minimize the cost by bringing their deeds and giving a copy of them to the Assessor. The abutter’s issue can more than likely be determined by Assessing records.
The Councilors discussed the attorney’s opinion, the ordinance and amendment and liability to the town if title searches are not done.
Councilor Carney stated the ordinance doesn’t have to change it should be the interpretation.
Motion to extend 10 minutes by Carney seconded by Fairbanks Vote: 7-0-0
Councilor Coyle moved to impose no cost on the residence under this ordinance and that the town incurs the costs seconded by Councilor Fairbanks. (Council discussed the amendment to the ordinance to change which part incurs the costs.) Second withdrawn
Councilor Coyle moved to waive the fees for Mundy Lane required by the ordinance. No Second.
Motion by Councilor Carney to accept Attorney Boutin’s recommendations and proceed with the Ordinance as planned for any petition that comes in for a Private Road, seconded by Councilor Benson. Vote: 4-3-0 (Coyle, Chirichiello, Fairbanks)
Motion to extend 10 minutes by Fairbanks seconded by Carney Vote: 6-1-0 (Chirichiello)
Council Requests / Open Discussion
Councilor Fairbanks motioned this board to conduct an inquiry investigation into the allegations regarding Maureen Rose which have been levied against Councilors Brad Benson and Brian Chirichiello. I make this request per section 7.4 of the Town Charter. I suggest that the investigation be performed by Councilors Carney, Wetherbee and myself (Fairbanks) only as we were not witness and therefore have no involvement in this issue. I will suggest that the inquiry proceeding begin as soon as time allows for the three Councilors conducting the investigation but not within the 48 hour notice as required per section 7.4 of the Town Charter. We will render our finding to the Public at the next scheduled Town Council Meeting in July. Seconded by Councilor Coyle.
Discussion: Town Administrator Stenhouse advised the Chairman to look at the Rules of the Town Council and Town Charter to see how a vote can be voted upon at a meeting.
He believes there is a provision for votes not noticed on an agenda.
Councilor Fairbanks read from section 7.4 of the Town Charter and section 5.9 (a).
No action taken on a matter not included in the posted agenda shall be effective unless the body first adopts by special vote or resolution declaring that an emergency exists and that matter must be acted upon at that meeting for the immediate preservation of the peace, health, safety or convenience of the Town. (Council Rules)
Councilor Coyle asked that this be scheduled for a vote at the next Town Council meeting and post it on the agenda.
Chairman Metts stated it would be on the agenda on July 14th.
Town Administrator requests a brief Non-Public Session under RSA 91A:3 II (a)
Motion to go into Non-Public Session under RSA 91A:3 II (a) by Councilor Coyle, Seconded by Councilor Carney. Vote: 7-0-0
Moved to Non- Public at 10:15 p.m.
__________________________________ _______________________
Town Clerk Date
Recording by: Town Clerk Neale
Reviewed by: Town Administrator Stenhouse
| 
