TOWN OF DERRY
Town Council Meeting April 7, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non-Public Session RSA 91A:3 II (a)
New Board / Commission Candidate Interviews/Re-Appointment Interviews
Staff Present: Frank Childs, Tom Carrier, Larry Budreau, Garrett Simonsen, Capt Thomas, and Chief Garone
Call to order: 8:05 p.m.
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
Consent Agenda
09-35 Acceptance of Non-Public Minutes – March 17, 2009
09-36 Acceptance of Minutes – March 17, 2009
09-37 Acceptance of Non-Public Minutes – March 31, 2009
09-38 Schedule Public Hearing – April 21, 2009 – Neighborhood
Stabilization Program Grant
09-39 Approval of Veterans’ Credits and Elderly Exemptions
Consent Agenda Approved
09-40 Appointments to Boards and Commissions
Housing & Redevelopment Authority
(Present) Fred Tompkins
Nomination: Fred Tompkins Seconded by Chirichiello 7-0-0
Heritage Commission
(Present) Frank Santiago & Donald Kirkland
Nomination: Frank Santiago (Member) Seconded by Carney 7-0-0
Zoning Board
(Present) David Thompson & James Webb
Nomination: David Thompson (Member) Seconded by Carney 7-0-0
(Opening: 1 3yr term alternate and 1 1yr term Alternate)
Planning Board
(Present) Phil Picillo, Darrell Park, Paul Hopfgarten, John O’Connor
Nomination: Phil Picillo (Member) Seconded by Wetherbee 6-0-1 (Metts) Nomination: John O’Connor (Member) * Seconded by Wetherbee 4-3-0
Nomination: Paul Hopfgarten (Member) Seconded by Coyle 3-4-0
Nomination: Darrell Park (Alternate Member) Seconded by Carney 7-0-0
Councilor Chirichiello asked Mr. Hopfgarten to reconsider a position on the Planning Board as an alternate. Mr. Hopfgarten accepted.
Nomination: Paul Hopfgarten - Alternate Member Seconded by Carney 7-0-0
Conservation Commission
(Present) Margaret Kinsella, Marianne Page
Nomination: Paul Dionne (Member) Seconded by Wetherbee 4-3-0
Nomination: Dennis Wiley (Member) Seconded by Carney 6-1-0
Nomination: Jim Arruda (Member) Seconded by Carney 5-0-2
Nomination: Margaret Kinsella (Alternate Member) Seconded by Carney 7-0-0
Nomination: Marianne Page (Alternate Member) Seconded by Benson 6-1-0
(Opening: 1 1yr term alternate)
Highway Safety Committee
(Present) Grant Benson, Tom Caron, Randall Chase, Al Dimmock
Nomination: Grant Benson Seconded by Chirichiello 6-0-1(Benson)
Nomination: Mike Houghton, Tom Caron, Steven Wallack, Randall Chase, Al Dimmock
Seconded by Chirichiello 7-0-0
Councilor Coyle read a letter from Ann Evans, former Planning Board Member, who did not ask for re-appointment. She wanted to thank the Town Council and the Planning Board & George Sioras, David Granese and Virginia Roach for her 13 years of service.
Councilor Coyle and Chairman Metts thanked Ann for her service
Chairman Metts wanted to also thank Richard Tripp for his service and “Nip” Lewis, Supervisor of the Checklist who recently stepped down for health reasons.
Chairman’s Report
Councilor Carney - Corporal Michael Ouellette US Marine Corp was laid to rest in the NH Veteran’s Cemetery. He was killed in action in Afghanistan on March 22, 2009. His father is a resident of Derry. Please take a “Moment of Silence” in his honor.
Chairman Metts – Community Profile was held on April 4th. It was a success and there were over 150 people in attendance. There will be a follow-up meeting on April 29th @ 7 pm regarding items to move forward. He thanked the press and residents who attended.
Hazardous Waste Collection Day coming up. Spring is held in Derry, The Fall is held in Londonderry.
The Petition has been Certified sufficient by the Town Clerk for the Charter Commission question. A Special Election must be held within 60 -90 days in May – June. A Second Special Election for members is to be held within 59 -63 days following passage. This election must be held on a Tuesday. Town Council will be receiving an email from the Town Clerk within the next few days.
Budget Meeting Schedule – April 16, 2009 meeting start time changed to 7:00 pm
April 23, 2009 Councilor Wetherbee will not be able to attend
Administrator’s Report
The newly appointed members will have to be sworn in by the Town Clerk before their next meeting. Letters will be going out this week.
Public Forum – non agenda items
Open Public Forum 7-0-0
John Burtis, Lorri Rd attended the Planning session on Saturday and it was interesting and important. He wanted to mention that he will be meeting with Mr. Stenhouse over his concerns with CTV17 at 10 am on Wednesday.
He then spoke in regards to the DEDC and his concerns which revolve around the working relationship with Mr. Bulkley and Mr. Olbricht. He began reading emails he had obtained from the Town.
Chairman Metts asked Mr. Burtis how he obtained these emails. He stated he would rather not say.
Councilor Wetherbee asked to move into Non-Public Session under 91:A due to the nature of the emails and who they were to and from.
Moved into Non-public Session Vote: 5-2-0 (Fairbanks & Coyle) (8:20 pm – 8:40 pm)
John Burtis Lorri Rd – Stated his mistrust for the DEDC and asked that the Town Council not support this group or allow them taxpayer monies.
Al Dimmock, High St – Thanked the Town Council for his appointment to the Highway Safety Committee.
Close Public Forum 7-0-0
Moved to take New Business next on the Agenda
New Business
09-41 NHDES Household Hazardous Waste Agreement
Tom Carrier and Craig Durrett explained the purpose of the NHDES Grant. It is to allow the Town to receive grant funds to offset the Town expenditures for this event - to be held at the WRB School.
Motion: The Derry Town Council moves to enter into a grant agreement with the State of NH Department of Environmental Services to receive funds and hold a Household Hazardous Waste Collection even in FY10. Moved by: Councilor Coyle, second by: Neil Wetherbee Vote 7-0-0
09-42 Accept Grant from NH Highway Safety Agency for Seat Belt Enforcement Program
Chief Garone stated that the Highway Safety Agency has informed the town that it will receive reimbursement of salary related expenses for 42 hours of patrols to be conducted in accordance with the statewide effort.
Motion: Move to grant authority to Town Administrator Gary Stenhouse to accept on behalf of the Town, grant funds associated with the NH Highway Safety project titled “Derry Join the NH Clique Seat Belt Campaign” #09-01,01 and to execute on behalf of the Town all contracts or documents associated. Moved by: Councilor Benson, seconded by Councilor Wetherbee
Vote7-0-0
09-43 Accept Grant from NH Highway Safety Agency for DWI Patrols
Chief Garone stated that the Highway Safety Agency has informed the town that it will receive
reimbursement of salary related expenses for 36 hours of patrols to be conducted in accordance with the statewide effort.
Motion: to grant authority to Town Administrator Gary Stenhouse to accept on behalf of the Town, grant funds associated with the NH Highway Safety project titled “Derry Statewide DWI Hunter Patrols” #09-12, 03, and to execute on behalf of the Town All contracts or documents associated. Moved by: Councilor Carney, seconded by Councilor Wetherbee Vote: 7-0-0
Public Hearing
09-31 FY 2010 Public Health Network Grant
Garrett Simonsen and Larry Budreau explained that the Town of Derry is the fiscal agent for these regional activities. The NH Department of Health & Human Services has issued a request for proposal for continued funding of the Greater Derry PHN for the July 1, 2009 – June 30, 2010 grant funding cycle. The application has already been sent in. The Town Council needs to approve the application and expenditure of the Grant Funds in the amount up to $1,000,000.00.
Open Public Hearing Vote 7-0-0
No Public Input
Close Public Hearing Vote 70-0
Councilor Coyle’s stated his personal opinion which is that votes on items having a public hearing should generally not be taken at the same meeting where the hearing is held. There are exceptions to this but he feels this should be the general rule. He stated that this was the way it had been done by prior town councils. .
Motion: Schedule vote on Public Hearing item #09-31 to 4/21/09 meeting
Moved by: Councilor Coyle, seconded by Councilor Fairbanks Vote 7-0-0
09-33 Administrative Support Staff Local #1801 AFSCME Contract
Larry Budreau presented the key changes to the Contract.
Open Public Hearing Vote 7-0-0
Paul Hopfgarten, Fairway Dr – Has never been in favor of retroactive pay increases in bargaining agreements. He states this with no disrespect to the Town employees.
Close Public Hearing Vote 7-0-0
Councilor Wetherbee asked for a “councilors’ agreement” that when the vote takes place on April 21st, there will not be a “Charter Objection” made to delay the vote on the contracts until the first meeting in May.
Councilor Fairbanks asked Larry Budreau to provide a synopsis of what it will cost the taxpayers for this contract that compares the cost of approving the proposed contract vs. not approving the contract, and asked that the synopsis be posted on the Town’s website.
Motion: Schedule vote on Public Hearing item #09-33 to 4/21/09 meeting. Moved by: Councilor Coyle, seconded by Councilor Carney Vote 7-0-0
09-34 Professional, Administrative and Technical Employees Contract
Larry Budreau & Frank Childs were the Town’s negotiating team. Larry Budreau presented the key changes to the Contract.
Open Public Hearing 7-0-0
Paul Hopfgarten, Fairway Dr – He did not get a copy of this contract. He also thanked Town Council for having Public Hearings on the Town Contracts. He isn’t in favor of management being in a union.
Chris Long, SEA/SEIU Field Representative/Negotiator - Gave an overview of negotiations. There are modest increases in wages, however, there are also higher employee health premium contributions. He pointed out inequities between salary and hourly wage earners during emergencies.
Captain Vern Thomas, President of PATE bargaining unit – Members of the PATE unit hold critical positions in Town. Many were key to the Town’s response to the December 2008 Ice Storm. The Town and the Union have come to a reasonable tentative contract agreement and he asks for Council support.
Close Public Hearing 7-0-0
Motion: Schedule vote on Public Hearing item #09-34 to 4/21/09 meeting.
Moved by: Councilor Coyle, seconded by Councilor Carney Vote 7-0-0
Old Business
09-08 Tax Collector / Municipal Agent Position
Motion: Move that the Derry Town Council to authorize the Town Administrator to take whatever steps necessary to fill the position of Tax Collector/ Municipal Agent.
Moved by: Councilor Carney seconded by Councilor Benson Vote 4-3-0 (Coyle, Chirichiello, Fairbanks)
Public Forum – non agenda items
Open Public Forum 7-0-0
Carl Arccardo, Olsen Rd – He attended the Community Profile on Saturday and there were a number of people in attendance that he had never seen before. One of the principle messages was communication.
Close Public Forum 7-0-0
Council Requests / Open Discussion
Councilor Benson would like Larry Budreau to include the health care roll up cost.
Councilor Coyle would like to have Larry Budreau to put the information received by the Town Council on the website.
Councilor Carney discussed the passage of “Green ordinance” he hasn’t seen any results. He would request a report from TA Stenhouse that lays out what has been accomplished and how our new budget reflects this. He would like to create an Energy Advisory Committee.
Councilor Wetherbee - Reminder- Derry Clean-Up day is April 18th. He also attended the Community Profile event and he would like to thank everyone who came. Council has talked about goals but he would like to formulate some goals based on the Community Profile meeting. As he requested at the last meeting, he would like to do away with one public forum. There has been a detriment to the number of people speaking.
Councilor Wetherbee stated that he recommends that Council no longer have two public forums on each agenda as one was enough. Motion: To remove the second Public Forum, Moved by: Councilor Wetherbee, seconded by Councilor Benson. (No vote)
Council had discussion on the motion.
Motion: To extend 10 minutes @ 10:00 pm. Vote 7-0-0
Councilor Coyle asked that the vote be moved to the next meeting.
Councilor Coyle raised a “Charter Objection” on the motion.
Chairman Metts there was an issue a couple of weeks ago with a person who works for the Town and that he, Councilor Metts, was remiss in not coming forward with a defense of this employee and he apologizes for that.
He stated he has also been called to task on a statement regarding the Veterans Credits. Council Metts said that people who know him and those veterans who have had contact with him know what’s in his heart and when he shakes their hand and thanks them for their service it is not a without sincerity.
Adjournment 10:05 pm
Recording Clerk: Denise Neale, Town Clerk
Reviewed by: Gary Stenhouse, Town Administrator
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Town Clerk Date
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