Town Council Agenda

TOWN COUNCIL MINUTES - UNOFFICIAL

Regular Meeting

Wednesday, February 22, 2017

6:00 PM

Council Chambers

1. CALL TO ORDER

Chairman James Sullivan called the meeting to order at 6:02 p.m.

2. ROLL CALL #1

In attendance: Councilors Donald Winterton, John Giotas, Timothy Tsantoulis, Adam Jennings, Robert Duhaime, Marc Miville, David Ross, and Chairman James Sullivan. Councilor James Levesque arrived at 6:08 p.m.

3. PLEDGE OF ALLEGIANCE

4. SPECIAL RECOGNITIONS

5. SCHEDULED APPOINTMENTS

5.a Michael Horne, Chairman of the Cemetery Commission - Activity Update

Mike Horne, Chairman of the Cemetery Commission, was joined by two other elected members of the commission, Sharron Champagne and Denise Cascio Bolduc to provide an annual report of the commission’s activities. All three trustees are elected to three year terms. Trustee Champagne’s term ends this year. Chairman Horne intends to write her in at the March election. She is willing to continue to serve.

Chairman Horne said it is the Commission’s duty to keep a file of who is buried in the town cemeteries including the Holy Rosary cemetery. They keep a master data base and work hand-in-hand with town departments. The Cemetery Commission meets with families and sells the grave lots. The Community Development Department processes the cemetery lots sale deeds. Parks, Recreation & Cemeteries process the grave opening requests, dig and backfill the graves, and perform the landscaping (primarily mowing and trimming). The fees go to the Highway Department.

In response to Chairman Sullivan, Mr. Horne said the cost of a plot is $300 for a full-sized lot which can take a standard casket and one urn or two urns. The cost is higher for weekend activity. He said that the Head Cemetery (Pleasant Street) and Martins Cemetery (Cemetery Road off Martins Ferry Road) have ongoing burials; they have an occasional burial at Davis-Cate (family only), and Riverside has had only one burial recently.

Mr. Horne provided a breakdown of burials over the last five years as follows:

Mr. Horne said there are approximately 200-plus lots in Martins and 250-plus lots in Heads that are available for sale.

Mr. Horne reported that the town owns parcel 30-57 adjacent to Martins Cemetery and a portion of that parcel is identified for future expansion. The parcel is 24.6 acres; the police firing range is on the west end, down near the railroad. Significant actions taken by the Cemetery Commission include: 1) initiated a subscription with CemeteryFind for an online cemetery database service; 2) a new fence was installed at Riverside Cemetery (Route 3A) and the fence was repaired at Martins Cemetery; 3) two cabinets were found containing many missing source documents and a volunteer inventoried and organized them; 4) signs were installed at Martins, Riverside, and the sign refurbished at Head; and 5) updated burials from Holy Rosary Cemetery in the database.

Mr. Horne said the projects currently planned or under discussion include: 1) creating updated maps of Martins and Head [section A]; 2) identifying grave lots to be divided into smaller lots for cremain burials; 3) updating regulations for Hooksett cemeteries; 4) updating Master Plan/Cemetery section by May; 5) conducting detailed inventory of burials in Martins and Head cemeteries and updating maps and the database; creating a Friends of Hooksett Cemeteries in an attempt to begin repairs of many broken and leaning headstones; and 6) work with Girl Scout on Girl Scout Gold Project at Head Cemetery.

In response to questions posed by Councilors Duhaime and Miville, Mr. Horne said the fund from the purchase of lots goes into a trust fund; monies that come out goes to the Highway Department. He said 33 lots were sold over the last six years and that it is not specifically stated in regulations that one must be a Hooksett resident to be buried in a Hooksett cemetery. He said the current trend is to sell “interment rights” rather than lots. Also, Davis-Cate is located on Hackett Hill Road. It is a family burial ground with public access. There is another cemetery on the top corner that goes back to the 1700s. Holy Rosary has jurisdiction over their cemetery.

Councilor Miville stated that the Budget Committee had cut cemetery funding significantly and he is pretty sure the money for the database was cut and the Parks and Recreation position was reduced by $28,000. Councilor Miville suggested that Mr. Horne work with Dr. Shankle on options for re-directing some funds.

Councilor Ross said a trend that he has observed is to create a section of above-ground columns for cremain burials which would be nice to have. Mr. Horne said the challenge is how to fund it. It is more expensive than in-ground. Christine Soucie, Finance Director, said that the Budget Committee did not cut, but reduced, the Parks & Recreation staff and the database funds were still in the budget.

6. APPROVAL OF MINUTES

6.a Public: 02/04/2017

TC Minutes 020417-1.doc

Councilor Winterton moved, second by Councilor Jennings, to approve special meeting minutes of February 4, 2017, as amended. Motion passed unanimously, 9-0.

TC public minutes 1230pm 020417-U.doc

Councilor Winterton moved, second by Councilor Jennings, to approve the special meeting minutes of February 4, 2017, as presented. Motion passed unanimously, 9-0.

6.b Public: 02/08/17

TC Minutes 020817-U.docx

Councilor Jennings moved, second by Councilor Tsantoulis, to approve the February 8, 2017 public meeting minutes, as amended. Motion passed, 7-0-1 [Councilors Ross and Duhaime abstained].

7. AGENDA OVERVIEW

8. PUBLIC HEARINGS

8.a Public hearing for the Town Council to consider the purchase of real estate owned by Manchester Sand & Gravel, located at the northerly end of LeHoux Drive described as a sixty (60) foot wide strip of land.

022217 LEHOUX DRIVE.doc

091416 TC Minutes-Lehoux ROW.pdf

MSG to Hookset.60 foot wide Parcel.LeHoux.Drive.11.28.16.doc

Appendix B (Easement) final.pdf

At 6:36 p.m. Chairman Sullivan opened the public hearing to consider the purchase of real estate owned by Manchester Sand & Gravel, located at the northerly end of LeHoux Drive and described as a sixty (60) foot wide strip of land running from the end of LeHoux Drive to land now or formerly of CMI Leasing Corporation. David Campbell, attorney for Manchester Sand and Gravel, was in attendance accompanied by Eric Stevenson of Brox Industries and their attorney, Henry Hyder.

Attorney Campbell went over a map of the two lots under discussion as described in the public hearing notice. Councilor Giotas confirmed that the lot was a sewer lot which is rented from the Sewer Commission. Jim Donison, Town Engineer and Assistant DPW Director, asked that a sentence be added that prevents the developer from requiring the town to construct or pay for the construction of the roadway at some future date. Attorney Campbell had no objection to that and said it is really a donation to the town. The statement “Nothing herein shall be construed of Hooksett to construct or pay for the construction of a roadway” will be included in warranty and easement deeds, and added to the two lots known as 24-36-5 and 24-36-4.

Attorney Campbell also requested that the Council waive its requirement and take action on this matter tonight. Councilor Ross asked if the parcels would remain as two lots. Mr. Donison pointed to the Purchase and Sales Agreement. Henry Hyder, Attorney for Brox stated that CMI “recognizes that we’ll be buying two lots that do not front public roads and understand we cant develop it”. He said “we don’t have present plans for development of these lots”. Attorney Campbell stated that Don LeHoux was a 40 year employee of Manchester Sand and Gravel who built the already subdivided lot 20 years ago and the town took it. In response to Councilor Miville, Attorney Campbell said LeHoux stops at the intersection of Brox. There is a gate at the hammerhead and they intend to pass on the key to the town.

Councilor Ross questioned the need for the hurry in deciding on the matter tonight. Chairman Sullivan stated that public comments cannot be considered once the public hearing is closed. Attorney Campbell said that in the past, donations to the town have been waived and they are months behind their performance date but it is up to the Council to decide. Councilor Miville asked who would be responsible to build the road 75 years from now and was told either Brox or whoever owns those two lots at that time.

Attorney Campbell pointed out that the town has two safeguards and the Planning Board has authority to stop the owner and has the ability to enforce it in the future. Finance Director Soucie cautioned against referring to the purchase as a donation. To avoid having to go through another hearing, Attorney Campbell agreed to a sale price of $1. The town will also get a gate and they will record the deed at no cost to the town. Chairman Sullivan closed the hearing at 7:00 p.m.

Councilor Winterton moved, second by Councilor Jennings to waive the rule and allow consideration of the purchase tonight. Councilor Winterton stated that participants have been at multiple meetings and the town is getting acres of land for a buck. He said he appreciates everyone’s efforts. Councilor Jennings reminded everyone that the Council had voted to approve the purchase at its September meeting. Councilor Tsantoulis said he understands the Council voted to approve in September but the Town Engineer proposed an amendment tonight and he doesn’t feel comfortable moving forward without the town attorney’s review. Mr. Donison said he received a legal opinion from Town Attorney, Matt Serge, via email, a copy of which was provided to the Chair and is attached to these minutes. Motion passed unanimously, 9-0.

Councilor Duhaime moved, second by Councilor Giotas, to approve the purchase of real estate owned by Manchester Sand & Gravel, located at the northerly end of LeHoux Drive and described as a sixty (60) foot wide strip of land running from the end of LeHoux Drive to land now or formerly of C.M.I Leasing Corporation situated in the Town of Hooksett, Merrimack County in NH as shown on a plan entitled “Lot Consolidation & Resubdivision Plan Manchester Sand, Gravel & Cement Co., Inc.” dated May 27, 2004, and revised through August 16, 2004, prepared by Holden Engineering & Surveying, Inc., recorded in the Merrimack County Registry of Deeds as Plan #17016 on August 19, 2004 for the sum of $1 as amended and authorize the Council Chair to sign related documents. Roll Call #2: Councilor Duhaime-yes, Councilor Miville-yes, Councilor Ross-yes, Councilor Levesque-yes, Councilor Jennings-yes, Councilor Giotas-yes, Councilor Winterton-yes, Councilor Tsantoulis-no, and Chairman Sullivan-yes. Motion passed 8-1 [Councilor Tsantoulis opposed].

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9. CONSENT AGENDA

10. TOWN ADMINISTRATOR'S REPORT

Councilor Miville said that the historical marker by the pond was knocked off its post during the snowstorm. He moved it out of the snow bank and notified DPW to see if the state may have done the damage. He also notified Kathy Northrup, Chair of the Heritage Commission.

11. PUBLIC INPUT - 15 MINUTES

12. NOMINATIONS AND APPOINTMENTS

Councilor Miville stated that he will soon be making nominations for two new members for the Economic Development Committee.

13. 15 MINUTE RECESS

14. OLD BUSINESS

15. NEW BUSINESS

15.a Quarterly Financial Report December 2016

Quarterly Update.docx

December 2016 Quarterly Financial Report.pdf

Finance Director Soucie went over the Second Quarterly Report ending December 31, 2016 that was included in the Council packet. The report shows a three year history of major expenditures and revenues. Director Soucie said that at the fiscal year mid-point, expenses are 49 percent spent which is “historically where we’ve been”. She said revenue is 54 percent collected. Director Soucie went through departmental budgets and highlighted a number of points.

• Fire Rescue is currently fully staffed and struggling with overtime due to CBA coverage. She will bring forward a budget transfer later and is working closely with the Fire Chief to stay within the department’s wage line. Councilor Winterton asked if funds could be taken from the fire apparatus line for major repairs of fire apparatus. Director Soucie said “no” and it has to do with how the Capital Reserve was established. Chairman Sullivan asked if in certain situations it might be worth changing the purpose of the Capital Reserve. Director Soucie stated that would take funds from the Capital Reserve for maintenance and would diminish the fund where there would be none to replace a vehicle when necessary. Councilor Miville said the Council approved the firefighter position with the stipulation that overtime would go away and that was stated in the Warrant Article. Councilor Winterton said the Chief said he would never make that claim. Director Soucie said the spending in FY16-17 is about $120,000 more than this time last year and 75 percent of the increase is due to wages and the cost for minimum staffing. Minimum is six staff and if an officer is out, the minimum of six must be filled. She said the use of minimum staffing has now dropped and the Chief continues to manage according to the rules. Councilor Ross suggested that hiring an extra firefighter may have saved some in overtime. Councilor Giotas said “we won’t be able to make that assumption until the end of the year when we’ll have a better idea”. Director Soucie agreed with Councilor Giotas that a more accurate comparison can be determined at year’s end. Councilor Winterton noted the increase in health insurance and contributions to retirement that must be looked at as part of the whole picture.

• The Police Department’s budget is 45 percent spent. All but two of six open positions have been filled.

• DPW increased slightly due to encumbrances of $541,751 for paving. Budget is trending about the same as the last couple of years. Paving for this year still needs to be done and it is anticipated it will be done in the Spring so an encumbrance won’t have to go into next year. A new driver and mechanic will be on board in March. Overtime for plowing is at $80,000 and close to being spent as well as the salt line. Bays are being refilled.

• Recycling has two vacant positions. Trash removal costs are right on target.

• Parks and Recreation filled two driver positions but the positions were vacant for most of the year.

• Revenues look good. Director Soucie has no worries. She noticed that the Planning Board has seen a steady increase in their revenue so there is activity happening.

• The Ambulance Service Fund has steadily increased; 82% because of the Affordable Care Act. In 2015 the Council voted to move the funding of two full time firefighters to the Ambulance Service Fund so expenditures are greater. The Council approved a rate increase for ambulance service in January: Medicare plus 30 to Medicare plus 40. Medicare pays 40 of what we collect; i.e., about $25,000 in additional revenue. The Council discussed the uncollected expenses listed in the fund report. Councilor Winterton said that the Council had previously approved waiving $160,000 of the uncollected expenses.

Councilor Ross referred to line 170, the equipment maintenance line, and questioned the expenditure. Director Soucie was not certain of the expense. The Council discussed impact fees that must go back to the people who paid the fees. Impact fees were lost with the Petersbrook expansion and work hasn’t been completed at Pinnacle. Director Soucie said money obligated before it expires (six years) can be used. Conversation continued about cisterns. Councilor Winterton said a cistern is the equivalent of a dry hydrant and the hydrant is connected to a pond that is not always a pond. Director Soucie will get more information on the matter. Councilor Ross said a cistern is supposed to always have water in it and it could be expensive if cracked or damaged.

15.b Budget Transfer Request

SR Budget Transfers FY 2016-17.docx

Transfer #2017-02.pdf

In accordance with Charter Section 5.6, Director Soucie asked for the Council’s approval of Budget Transfer #2017-02 to reallocate funds for health insurance to cover the 2017 premium increase until June 2017 as recommended by the Town Administrator. Councilor Ross moved, second by Councilor Winterton, to approve budget transfer #2017-02 in the amount of $42,000 to cover the health insurance premium increase and to be transferred from health insurance lines in departments with vacancies or change in employee plans, and to authorize the Council Chair to sign said transfer. Roll Call #3: Councilor Giotas-yes, Councilor Ross-yes, Councilor Jennings-yes, Councilor Miville-yes, Councilor Duhaime-yes, Councilor Tsantoulis-yes, Councilor Levesque-yes, Councilor Winterton-yes, Chairman Sullivan-yes. Motion passed unanimously, 9-0.