TOWN OF DERRY
Town Council Meeting March 17, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non- Public Session RSA 91A:3 II (c)
Staff Present: Frank Childs, Chief Garone, Chief Klauber, Brett Scholbe and Barbara Ellingwood
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
08-27 Election of Officers
Elect Council Chair - Nominees: Rick Metts 4-3 Kevin Coyle 3-4
Elect Council Chair Pro Tem – Nominees: Brent Carney 3-4 Brian Chirichiello 4-3
Elect Planning Board Council Representative- Brian Chirichiello
Elect Heritage Commission Council Representative – Janet Fairbanks
Elect Southern NH Hazardous Materials Mutual Aid District Council Representatives (2)-
- Rich Metts 2. Brian Chirichiello
Elect Legislative Delegation Representative Council Representative – Brad Benson
Elect Human Services Council Representative- Janet Fairbanks
Elect Derry Housing & Redevelopment Authority Council Representative – Brent Carney
Elect Conservation Commission Council Representative – Neil Wetherbee
Elect Safety Departments Liaison – Brad Benson
Elect Finance Committee Council Representative – Kevin Coyle
Elect School Board Liaison – Rick Metts
Elect Taylor Library Liaison – Brent Carney
Elect Derry Public Library Liaison – Neil Wetherbee
Elect Public Works Liaison – Janet Fairbanks
Elect DEDC Council Representative – Kevin Coyle
Consent Agenda
09-28 Acceptance of Non-Public Minutes – February 17, 2009
09-29 Acceptance of Non-Public Minutes – March 3, 2009
09-30 Acceptance of Minutes – March 3, 2009
09-31 Schedule Public Hearing – April 7, 2009 – FY 2010 Public Health
Network Grant
Addition: 09-33 Schedule Public Hearing – April 7, 2009 – AFSCME Contract
09-34 Schedule Public Hearing – April 7, 2009 – PATE Contract
Consent Agenda Accepted
Chairman’s Report
- Congratulations to the re-election of Councilor Coyle & Fairbanks
- Community Profile will be held @ WRB on 4/8/09 from 8 -4 pm
This meeting is for citizens input into the future of Derry.
DEDC Presentation- Craig Bulkley of the DEDC gave a presentation on the corporation, regarding its missions and update of its past and present business community development. They are requesting financial assistance from the Town of Derry from 3/17/09 – 6/30/09 in the amount of $20,000, for a part-time director and to continue the value of service to the business community. They will also be requesting funding for FY2010 in the amount of $60,000 to continue to work in the best interest of the Town. One reason for the request was because of the loss of the Met Children’s Museum which left them with unpaid rent and loss of other tenants.
Councilor Benson asked what type of reporting would be provided to the Town of Derry and if the Director would send weekly reports to the Town Administrator.
Councilor Carney asked the Town Administrator if there was still a revolving loan fund and if the DEDC was eligible for this.
Councilor Fairbanks asked how the investors were paid back from the embezzlement loss.
Craig Bulkley replied, from the management fees in the contract with the town of the Ash St project.
Councilor Coyle asked if the DEDC was willing to open their books.
Craig Bulkley replied, they have been as open as necessary to the Town.
Councilor Chirichiello requested an update on the Town’s Economic Development Director status for a non-public meeting.
Administrator’s Report
- PD has received a grant from JAG in the amount of $175,000.
- Town wide and Cemetery clean up day is Saturday 4/18/08
- Town Administrator Stenhouse requested that the Town Council approve his moving forward in the hiring of a new Municipal Agent/Tax Collector. Item # 09-08
- Roadside clean up has begun by DPW and contracted companies. Cleanup will be done by areas. A schedule will be posted to the website and on Cable 17.
Public Forum – non agenda items
Open Public Forum 7-0-0
Chairman Metts has waived the Rules for the first speaker only. No objection by Councilors
John Burtis, Lorri Rd – He is questioning if his Constitutional Rights have been violated by Cable 17. There was a problem discovered on Friday before the Town Election regarding two programs he had submitted to Cable 17. He requested Councilor Coyle to handle the issue. It was suppose to be resolved. However at the times the program were to air over the weekend, there was nothing but a black screen and no sound. One was a political program for Councilor Coyle and Fairbanks with Mr. Burtis. He is asking for Town Council to look into this.
Doug Newell, English Range Rd – The petition for a Charter Commission was signed by 659 registered voters. It will be delivered to the Town Clerk on Thursday.
Al Dimmock, High St – Gave congratulations to Councilors Coyle & Fairbanks on their re-election.
Steve Falconer, Buttonwood Dr – He is a new businessman in town in which he used incubator space at 6 W Broadway, the DEDC building. The DEDC has supported him in his business venture with resources to get his business up and running.
Senator Bob Letourneau, South Ave – He supports the DEDC because they can talk to business with confidentially as the Town has to follow 91-A requests. He also spoke on the character of the Cable 17 Director.
Joe Dicharrio, Humphrey Rd – Spoke on his opposition to the DEDC.
Joel Olbricht, Colony Brook Lane – Gave an overview of the DEDC property at 6 W. Broadway.
Close Public Forum 7-0-0
Public Hearing
09-22 NH Highway Safety Agency Grant
Chief Garone highlighted the Grant
Open PH 7-0-0
Close PH 7-0-0
Move to grant authority to Town Administrator Gary Stenhouse to accept on behalf of the Town, grant funds associated with NH Highway Safety Grant projects titled;
- Red light/Stop Sign Violation Enforcement Patrols
- Pedestrian Enforcement Patrols
- Speed Enforcement Patrols
- DWI Enforcement Patrols
For the period February 1, 2009 through September 15, 2009.
Motion by Councilor Coyle, seconded by Councilor Wetherbee Vote: 7-0-0
09-26 EUDL (Enforcement of Underage Drinking Laws) Grant from NH Attorney General’s Office
Chief Garone reviewed the Grant.
Open PH 7-0-0
Close PH 7-0-0
Councilor Coyle requested the results for both of the grants.
Chief Garone stated they have statics back to 2006.
Move to grant authority to the Town Administrator, Gary Stenhouse, to apply for and accept on behalf of the Town, grant funds associated with EUDL Grant from the NH Attorney General’s Office Motion by: Councilor Coyle seconded by Councilor Wetherbee Vote: 7-0-0
09-23 Amendment to the Code of the Town of Derry –Sub-Chapter 36 of Chapter 30-2 (H)
Chief Klauber and Brett Scholbe reviewed the Ordinance and the reasoning behind the fees.
Councilors asked questions pertaining the fees and maintenance.
Councilor Coyle requested that the 200 people this effects to be notified by mail and requested to table.
Councilor Benson requested a copy of the comparable towns used for this fee structure.
Move to table until the 261 alarm system residents are properly notified of the potential fee charges and reschedule a public hearing for April 21st meeting, seconded by Councilor Chirichiello. Vote: 7-0-0
The Fire Department will send the information to those involved.
Chairman Metts requested the information be posted to the Town’s Website.
Old Business
09-20 Charter Study Committee
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 Benson Vote: 4-3-0 (Coyle, Fairbanks, Carney)
Chairman Metts requested that the Town Clerk create an application on the website for this committee for the Public volunteers. Notice on Cable 17. Application deadline is 4/21/09.
09-08 Authorization to Advertise and Fill Positions: Tax Collector / Municipal Agent
Town Administrator Stenhouse explained the reasoning for moving this position forwards as soon as possible.
Councilors discussed their concerns regarding posting in-house and outside at the same time.
Councilor Coyle and Councilor Chirichiello moved to allow the Town Administrator to advertise the position and return to the Town Council on April 7th for a vote to hire.
New Business
09-32 Community Development Block Grants – Vintage Grace Facility
- Move that the Derry Town Council authorizes the Town Administrator to submit payment requests for the Vintage Grace project and further to sign all other reports and financial documentation relative to this grant up through its completion.
Motion by: Councilor Benson, seconded by Councilor Carney Vote: 7-0-0
- Move that the Derry Town Council adopt the “Grantee Financial Management Plan”, the “Code of Ethics for CDBG Administration; the “Personnel: Conflict of Interest CDBG Program” and the “Subrecipient Agreement” and authorize the Council Chair to execute said documents and further said Council Chair is designated as the “Environmental Certifying Officer”. These authorizations are in conjunction with the Vintage Grace Project.
Motion by: Councilor Benson, seconded by Councilor Carney Vote: 7-0-0
Public Forum – non agenda items
Open public forum 7-0-0
Joel Olbricht, Colony Brook Lane – invite Town Council to Economic Development Expo on April 21st from 7:30 – 11:30 Castleton in Windham.
Al Dimmock, High St – Spoke on the vote for the Charter Study Committee.
Steve Falconer, Buttonwood Dr – Brought up the percentage of under assessed commercial properties.
Joe DiChiaro, Humphrey Rd – spoke on his disapproval of the amendment to the code of the fire alarms.
Close Public forum 7-0-0
Council Requests / Open Discussion
Councilor Coyle – requested revolving loan fund status and agrees the commercial properties in Derry are under assessed.
Councilor Carney – Questioned the status of the Planning Board regarding rezoning. Councilor Chirichiello will send an email to George Sioras regarding the updates.
Councilor Benson – would like documentation on the actual contribution to the DEDC from the town since inception. Asked for the Ash St contract to be reviewed and how many new jobs have been created by the Ash St project.
He wanted to comment on the personal attacks that happen at the public forum. He believes the object of the public forum is supposed to be to move the Town forward. He would like to see respect and decorum going forward by the public. The Town Councilors do volunteer even though they are elected. He stated that the DEDC has several big projects that they are involved with right now. That doesn’t mean he is for or against them.
Councilor Wetherbee – requested to return to the one Public Forum.
Chairman Metts – asked if Town Administrator Stenhouse and School Superintendant Mary Ellen Hannon have written their letter to the Legislators yet.
He commented on the Federal SBA loans available to small business because of the ice storm.
Chief Klauber, Emergency Management Director – There are no funds for the homeowners from FEMA. Homeowners would have to have a 40% loss after insurance or no insurance. There will be money through FEMA and the SBA for businesses. The Town will be reimbursed for contracted services and overtime for the emergency.
9:55 p.m. Adjournment
Recording Clerk, Denise Neale, Town Clerk
Reviewed by: Gary Stenhouse, Town Administrator
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Town Clerk Date
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