TOWN OF DERRY

Town Council Meeting                                               June 20, 2006

Derry Municipal Center                                              Tuesday 7:30 pm

Member Present:                                                       Staff Present:

Chairman Chirichiello                                                Frank Childs

Councilor Reisdorf                                                     Janice Mobsby

Councilor Ferrante                                                     David Gomez

Councilor Bulkley                                                       Tom Carrier

Councilor Dowd                                                          Alan Cote

Councilor Fairbanks

Councilor Coyle

Town Administrator Marcoux

Called to Order at 7:30 pm

Salute to Flag, Notice of Fire Exits & Handicap Access

Roll Call-Present: Dowd, Fairbanks, Ferrante, Bulkley, Chirichiello, Reisdorf, Coyle

Consent Agenda

06-82 Acceptance of Minutes – June 6, 2006 – Non- Public Session

06-83 Acceptance of Minutes – June 6, 2006 – with responses

06-84 Schedule Public Hearing – July 18, 2006 – Amend the Code of the Town of Derry, Chapter 150, Section 150 – 4 Prohibited Parking – Windham Depot Road to prohibit parking in a westerly direction on the northerly & southerly side from the intersection of Route 28 for a distance of 450 feet

06-85 Schedule a Public Hearing – July 18, 2006 – Increase in Ambulance Transportation Fees

06-86 Schedule a Public Hearing – July 18, 2006 – Construction of Public Works Garage and Bond Issue

06-87 Schedule Public Hearing – July 18, 2006 – Route 28 Reconstruction and establishment of Tax Increment Finance District (Rt. 28 Corridor TIF District), pursuant to RSA 162-K, including a $4.9M Bond, made up of the following parcel ID #’s

08284-002               08003                                      35015-002               08276

08017                      08276-001                               08001-002004         08286-003

08275                      08002                                      08001-006               08284

08285                      08003-001                               35100                      08286-004

35015-005               08284                                      35015-003               08286-005

08001-004001         08283                                      08001-002003         08286-006

08278                      08286-001                               35014-002               08286-007

35015-009               08274                                      35015-004               08286-014

35015-013               08284-001                               08001-002               08284

35015-011               08001-004                               08001-002002         08286-008

35014-005               08273                                      8001-005                 08284

08284-003               08272                                      5015-12                   08286-009

08269                      08001-004002                         08001-010               08286-010

08014                      08001-003                               8001-002001           08284

08279                      08001-001                               35015                      08284

08006-001               08287                                      08286-002               08286-011

08280-002               08001-009                               08278-001               08286-012

08268                      35015-014                               08278                      08286-013

08280-001               08001-003011                         08280                      08286

08004                      08001-003001                         08280-004

Councilor Coyle explained that according to the Municipal Finance Act any bond over 10% of the previous budget must be presented to the voters. 

Chairman Chirichiello suggested that it be sent to the attorney for confirmation of the act.  Councilors agreed.  [That was done & an opinion received & distributed]

The Consent Agenda was approved.

Chairman’ Report

Chairman Chirichiello announced that during Non-Public session on June 19, 2006 there was a majority vote of 5-2-0 (Dowd, Reisdorf) that the Alexander-Carr land was removed from consideration to house the new fire station.

Administrator’s Report

Reminder that the next two summer meetings will be held July 18, 2006 & August 15, 2006.

Congratulations to the West Running Brook School and the Gilbert H. Hood School graduates.

Town sold a $2M bond yesterday. The lowest bid was 4.3975%.  It was $1 M for the Police Station construction and $1M for the Wastewater Plant Affluent Upgrade.  We also received a confirmation of an A1 Rating from Moody’s.

To date, Vision has received 700 calls for appointments that are at 6.7%, which is excellent.  The national average is 10%.  Approximately 50% may have changes.  Letters will be sent out to those with appointments notifying them of the results the week of July 3.

Last week David Gomez, Barbara Chapman and Russ Marcoux did a taping on the Revaluation process.  It airs on Channel 17.

The Zoning Board approved the variance for Holiday Corporation to build a retirement community on Rockingham Road at the former Howard Medical site.

We received notification from the State that the Taylor Mill culvert reconstruction project will be completed sometime in Mid July.  Meanwhile the road remains closed.

We received a draft of a review of the Fire Code for multi-family buildings and will be meeting  with the Landlord Association to discuss alternative resolution before bringing it to the Council.  We will keep the president of the Landlords Association, Mr. Lutter in the loop as we progress. 

As reported last week, we went online with the Motor Vehicle Registration and the State.  The transition has not gone as smoothly as was wished.  The staff is working very hard to make it work while at the same time being cross-trained to accept taxes and water bills.  I applaud the staff and ask for patience with the longer lines as we move forward with this transition.

Public Hearing

06-76    Cemetery Trustees – Forest Hill Cemetery expansion plan with construction to commence upon receipt of requisite State Permits

Councilor Bulkley Motioned to recess as Town Council and convene as Cemetery Trustees. Seconded by Councilor Ferrante. Vote 7-0-0

Mike Fowler and Alan Cote gave a description of the where the expansion would be and has met with the abutters.  The expansion is expected to hold 1509 burial plots, 2156 cremation plots and two granite faced niche walls for 480 cremations spaces.  The construction includes drainage improvements, paved roads and landscaping.

Motion to open the public hearing by Councilor Bulkley. Seconded by Councilor Ferrante.  Vote 7-0-0.

Al Dimmick, High St – Expressed concerns regarding this area of the Cemetery being wetlands.  He stated this was the reason he felt the walls were being placed because a burial plot could not be located there.

Alan Cote explained the slope of the land and the high water table in this area and they would be creating a retention pond.

Maureen Rose – Questioned the amount of fill being used and if flooding were to occur, how would it affect the water quality in that area.  She also asked if there was some other land in town that didn’t have such a high water table that could be used.

Alan Cote answered that the land is being mitigated and a retention pond was being built, this would cause a decrease in water, in that area.

Paul Hopfgarten, Hampstead Rd. asked how long the amount of new plots would last before we would have to expand again? Also brought up the fact that in the past we had looked at the cost of plots and Derry was cheap compared to other burial places.

Alan Cote stated, assuming sales stayed the same we are looking at 15-20 years.  He also indicated that we would look into the costs of lots & burial costs.

Brian Chirichiello stated that it was a good idea to meet and discuss the issue of cost.

Motion to close the public hearing by Councilor Bulkley. Seconded by Councilor Ferrante. 7-0-0

Councilor Bulkley expressed exception to comments regarding looking at our needs for cemetery land. Explained what had been done regarding this need.

Councilor Reisdorf asked when property was purchased.

 Alan Cote answered February 2002.

Chairman Chirichiello asked Alan what concerns abutters had?

 Alan stated that the Maple trees are what the abutters didn’t want removed.

Motion: That the Derry Town Council acting as the Cemetery Trustees endorse the content of the Cemetery expansion plans with construction to commence upon receipt of requisite State permits.  (Motion made by Councilor Dowd second by Councilor Bulkley) Vote 7-0-0

Council Bulkley motioned to adjourn as Cemetery Trustees and reconvene as Town Council second by Councilor Ferrante 7-0-0

06-77 Increase “Regular” Veterans Credit for the Town of Derry, NH in accordance with State Statue, RSA 72:27-a, 1 (b) from $100 to $200.

David Gomez gave a brief overview on the Veterans Credit and asked if approved, it be made effect April 1, 2006. Would like public input to assist the council in making its decision.

Councilor Dowd read the letter from Bob Letourneau who could not attend this evening.

Dear Mr. Chirichiello and Council Members,

First let me apologize for not appearing before you personally this evening I have two prior scheduled appointments.  I have just been made aware of this issue late this afternoon.  I ask you to accept this letter in my absence. I will be brief.  I understand that the issue of the Veteran’s tax credit is on the agenda this evening and I would like to add my support to the Town Council decision to increase the tax credit benefit to our veterans.  These are the folks who put their lives on the line for us that we may even be able to have this discussion.  All our freedoms are defended by those who put on the uniforms of the United States Armed forces.  In this time of war we are made aware daily for the price they pay and the debt of gratitude we owe to those who serve in harms way.  As a member of the legislature I supported this legislation that enable the towns and cities of New Hampshire to increase this tax credit and I continue to support this very important Veterans issue.  In closing I would like to thank the town council for moving this issue to the forefront and would urge the council to consider increasing this tax credit incrementally each budget cycle so that as home evaluations and tax increase the benefit to veterans keeps pace.  Thank you for accepting and reading this letter of support.

Motion to open the public hearing.  Motioned by Councilor Dowd. Seconded by Councilor Bulkley.  Vote 7-0-0

Marge Bisson, Cole Rd – read her statements concerning Derry having the lowest Veteran’s tax credit in the area.

Roberta Robie, Chester Rd – Gave a history of her involvement in regards to the Veteran’s Tax credit beginning in 2003 – present.  Requested that the Council reconsidered their previous vote of $100 and increase to $400 for the Veteran’s credit.

Al Dimmock, High St – Reiterated the Veteran’s need for increase and deserve it for duties performed.

George Chaloux, Karen Ave –stated he was a Veteran and spoke in regards to the promises made to Veteran’s and how they were taken away. 

Robert Marquis, Bypass 28 – Spoke emotionally about the duties the Veterans provided for our country.

James Green, Newell Rd – questioned how to go about getting Veteran’s credit without giving his discharge which is required information to apply for the credit.

Robert Burke, Salem – Representative of 250 Derry Veterans gave information on how to disclose necessary required information to obtain credit. Came to support the Veterans for an increase in the credit.

Motion to close the public hearing by Councilor Bulkley, Second by Councilor Ferrante. VOTE 7-0-0

Councilor Fairbanks would like to increase Veteran’s credit to more than $200. 

Councilor Ferrante would like the updated list provided from the DRA for the public to view

Councilor Coyle would like to raise the Veteran’s credit to $250

Councilor Dowd questioned Dave Gomez to give a cost of the increase per house on the tax rate

Administrator Marcoux explained that in order to stay within the cap it could be raised to $250 and the budget would remain roughly 3 cents below the cap.

Motion: That the Derry Town Council move to increase the “regular” Veteran Credit, for the Town of Derry NH, in accordance with State Statue, RSA 72:27-a, I (b) to the following amount: Increase the credit level from $100 to $250.  A portion of this was included in the Fiscal Year Budget approved by the Town Council on May 14, 2006.  This change is to be effective for the tax year beginning April 1, 2006. (FY07)

Motioned by Councilor Coyle, Second by Councilor Reisdorf

Vote: 5-0-2 (Councilor Bulkley & Dowd abstained)

Old Business

06-05 Approval of Repayment for O’Hara Concession Building

Item 06-05 was moved to the July 18^th meeting

New Business

06-88 Approval of Brookview Drive Sewer Project Funding Transfer

Mike Fowler and Tom Carrier addressed the transfer of $100,000 from the South Range School – Bradford Street Project to the Brookview Drive sewer project.

Council Coyle asked if it was fiscally sensible to do the Brookview project or wait and combine it with the Barkland Acres project.

Councilor Fairbanks questioned the location and if it was part of the Sunset Acres project.  Asked for clarification in regards to waiting until the Beaver Lake project was retired.

Councilor Reisdorf asked about the surveys done by the residents of Brookview Drive.  Explained that the sewer users pay the fees for the projects overage.  It’s not general tax dollars.

Councilor Coyle stated he didn’t feel this was a workable project at this point.

Councilor Bulkley doesn’t support moving forward with this right now.

Councilor Ferrante wanted it clarified that the money does not come out of budget it is a separate Wastewater budget paid for by the users.

Motion by Councilor Bulkley to recess as Town Council and reconvene as Water & Sewer Commissioners Second by Councilor Ferrante.  Vote 7-0-0

Councilor Coyle Motioned that the Town Council do not transfer any money at this time and that the Town Council delay the project indefinitely until a plan for the whole neighborhood is brought before the council.  Second by Councilor Fairbanks.  Vote 7-0-0

Councilor Bulkley Motioned to adjourn as Water & Sewer Commissioners  and reconvene as the Town Council. 

Seconded by Councilor Dowd. VOTE 7-0-0

06-89 Approval of FY 2006 Budget Transfers

Administrator Marcoux explained this transfer is an annual transfer there is no bottom line effect. 

Janice Mobsby reviewed for the public the reason annually budget transfers are done between departments and also within departments.