TOWN OF DERRY
Town Council Meeting May 5, 2009
Derry Municipal Center Tuesday 7:30 p.m.
Non-Public Session RSA 91A:3 II (c) (d)
Staff Present: Chief Klauber, Chief Garone, Frank Childs, Nancy Watson
Salute to Flag, Warning of Fire Exits, Handicap Access, Turn off all Cell Phones and Pagers
Roll Call: Chairman Metts, Councilors: Coyle, Chirichiello, Benson, Wetherbee, Fairbanks and Carney
Consent Agenda
09-52 Acceptance of Budget Workshop Minutes – April 16, 2009
09-53 Acceptance of Budget Workshop Minutes – April 18, 2009
09-54 Acceptance of Non-Public Minutes – April 18, 2009
09-55 Acceptance of Non-Public Minutes – April 21, 2009
09-56 Acceptance of Minutes – April 21, 2009
09-57 Acceptance of Non- Public Minutes Session I, II, III, & IV
April 28, 2009
09-58 Acceptance of Budget Workshop Minutes – April 28, 2009
09-59 Schedule Public Hearing – May 19, 2009 – Consider Adoption
of the “Residential Anti-Displacement and Relocation
Assistance Plan”
09-60 Approve Sale of Town Owned Property
09-61 Approve Veterans’ Credits and Elderly Exemptions
Addition: 09-65 Schedule Public Hearing – May 19, 2009 – JAG Award
09-23A Schedule Public Hearing – May 19, 2009 – Amend the Code
of the Town of Derry Sub-Chapter 36 Chapter 30-2 (H)
Miscellaneous Requirements – Fire Alarm Systems-Revised
09-50 Schedule Public Hearing – May 19, 2009 – DEDC Funding
Correction to Minutes of April 16, 2009 –Omission Vote
Correction to Minutes of April 28, 2009 –Omission Second
Consent Agenda Accepted
Chairman’s Report –
- Hazardous Waste Day is May 16, 2009 at West Running Brook School from 8am – 12pm.
- Update on H1N1 – Larry Budreau
- Charter Study Committee – is still looking for citizen volunteers. The information can be obtained on the website. (Members: Chairman Metts, Councilor Wetherbee, Brenda Willis and Mark Grabowski
Administrator’s Report –
Larry Budreau Acting Town Administrator gave an update on H1N1 virus. There have been only two confirmed cases in the state. Information from the state and federal is that the virus may be milder than at first was considered. Continued recommended precautions of hand washing and good cough and sneeze etiquette. Also if sick stay home and call your physician.
Moved New Business: 09-63 Appointment to the Zoning Board of Adjustment
John DeBonis gave an overview of his experiences for appointment to the Zoning Board.
Motion by: Chairman Metts moved to appoint John DeBonis as an Alternate Member of the Zoning Board for a three year term to expire 2012, seconded by Councilor Wetherbee
Vote: 7-0-0
Moved New Business: 09-64 Confirm Appointment of Tax Collector/Municipal Agent
Frank Childs asked for approval of appointment for Nancy H. Watson as Tax Collector/Municipal Agent for the Town of Derry. He gave an overview of her accomplishments. Nancy is presently the Deputy Tax Collector/Municipal Agent. (Nancy Watson was present for any questions).
Motion by: Councilor Coyle moved that the Town Council confirm the Town Administrator’s appointment of Nancy H. Watson as Tax Collector and approve the recommendation that she be appointed as Derry’s Municipal Agent and that both appointments be effective as of July 1, 2009, seconded by Councilor Chirichiello.
Vote: 7-0-0
Public Hearing
09-46 Acceptance of the Town Hazard Mitigation Plan
Chief Klauber gave an overview of the Town Hazard Mitigation Plan with Jillian Harris, SNHPC.
There was a collaboration to develop this plan under a grant from the NH Dept of Safety Homeland Security.
Jillian Harris explained that in order to receive funding from FEMA, the Hazard Mitigation Plan must be updated every five years. Some of the grants are Emergency Management Performance Grant, the Pre-disaster Mitigation Grant and Flood Mitigation Assistance among many other grants that FEMA has available. They have received conditional approval from FEMA and the next step is for the plan to be adopted for final approval.
Open Public Hearing 7-0-0
No Public Input
Close Public Hearing 7-0-0
Motion by: Councilor Coyle move that the Town Council accept the Hazard Mitigation Plan submitted which has been updated and modified, seconded by Councilor
Vote: 7-0-0
Councilor Benson questioned why the vote was taking place tonight as it was previously decided that Public Hearing votes would take place at the next Town Council meeting.
Chairman Metts apologized for this mistake.
Public Forum – Non Agenda Items
Maureen Rose, Windham Rd – read the following statement. (Requested to be entered into the minutes)
“Over the weekend I received phone calls of apology from Councilors Brad Benson and Brian Chirichiello…..During our conversations both Mr. Benson and Mr. Chirichiello said that they were calling me because they were afraid that conversations they had about me would get back to me.
On Thursday evening, April 30th prior to a budget meeting at town hall, they were both discussing placing a call to my employer to put pressure on me and attempt to get me fired.
During their conversations with me, they admitted this was in retaliation to my comments at the last public town council meeting of April 21, 2009.
I was shocked….and taken by surprise…by their inappropriate reactions. I thought about these conversations all weekend …and what my reaction should be.
If I do nothing, it is as if it did not happen, but it did.
This cannot happen again to me or anyone else, so I must in good conscience bring this out in public.
While I appreciate their apologies, all people need to feel they can speak freely without fear of losing their jobs or any other form of retaliation.
This has become very personal to me.
The thought that someone would entertain the thought of taking away my livelihood in an attempt to get even is very disturbing and should not be condoned or allowed.”
Al Garron, Scenic Dr – Comments were directed to Rick Metts. They had a conversation regarding Veterans and Elderly Exemptions due to a statement in the Nutfield News. Mr. Metts felt the article was taken out of context. Mr. Garron played the following tape. (Requested context of tape be placed in the minutes)
“I am not the type of person that does not feel that we owe our veterans things and this is one way we can help them. I do not foresee any support in my next year with all due respect for any more veterans increases given the state of the economy we have now. We’ve tripled it and tripled it within three years and in addition we redid the elderly exemptions. I think we’ve done, this council has done its part to help the veterans and elderly to make things a little easier. This is where it would stop as far as I’m concerned and I do appreciate, I have my brother a veteran, my father was a veteran, and my grandfather was a veteran and aunts and uncles and so on.
But I think we’ve done our part to help them. And I would not be one to entertain anymore credits while I am sitting in this seat or whatever seat I take up here.”
Mr. Garron doesn’t feel it was taken out of context it was just as it was spoken.
Secondly he is not in favor on the DEDC and Exit 4A.
Al Dimmock, High St – wanted to let everyone know that Bill Cooper is celebrating his 80th Birthday. He spoke in regards to an ambulance bill the town was pursuing brought up at a prior meeting and its cost, there is money owed and Mr. Dimmock wants it collected from a local businessman for taxes on land not collected.
John Burtis, Lorri Rd – Saddened by recent capers addressed this evening. Asked that public have input on DEDC that will be discussed this evening.
Tom Cardon, Cunningham Dr – Was disturbed by Maureen Rose’s statement. Believes this is misconduct of office. This sets a negative tone to the public. He also believes these two councilors should resign and that someone gets to the bottom of this.
George Chaloux, Karen Ave - He was also disturbed by what has been going on. Spoke in regards to the removal of the second public forum.
June Fahey, Kristen Dr – She is shocked and dismayed regarding Maureen Rose’s statement.
Councilor Coyle asked to make a motion that the public be able to speak at the same time the DEDC speaks.
Maureen Rose, Windham Rd – Wanted to thank the public for coming here tonight and that people need to come to these meetings.
Sandy Shapiro, Hampstead Rd – she was shocked by Maureen Rose’s statement and there is a need to get to the bottom of this.
Al Garron, Scenic Rd – made reference to prior town councils and Roland Ferland who use to say you people are “penny smart and a dollar foolish”.
Al Dimmock, High St – Reiterated he has a right to disagree with Town Council. Spoke in regards to comments made in the newspaper about Mr. Dimmock making unfounded charges of threatening. Would like the removal process to start for this councilor.
George Chaloux, Karen Ave – Asked if one of the town councilor’s would make a motion to bring back the second Public Forum.
Janice Matthews, Bedard Ave – Shocked about Maureen Rose’s statement. Would like the two councilors involved to step down.
Connie Dimmock, High St – Also feels these two councilors should step down.
A member of the public asked when the terms ended for these two councilors.
Close the Public Forum Vote: 7-0-0
Old Business
09-23A&B Amend the Code of the Town of Derry –
Sub-Chapter 36 of Chapter 30-2 (H) Miscellaneous
Requirements – Fire Alarm Systems - REVISED
Chief Klauber and Brett Scholbe reviewed the changes to the Ordinance - it is broken into two parts now with changes to Part A into a tiered phasing in charge.
Town Council had discussion regarding part A of ordinance.
Motion by: Councilor Benson moves that the Town Council adopt the amendments to Chapter 36 Miscellaneous Requirements as proposed, seconded by Councilor Carney. Vote: 7-0-0
Schedule for Public Hearing on May 19, 2009 09-23 A Section 3616 all Councilors in agreement
Councilor Coyle asked the residents be notified by mail again regarding this hearing.
Moved: 09-62 Petition to Reclassify Mundy Lane under RSA 674:40.III
Motion by: Councilor Coyle the Derry Town Council moves to refer the Mundy Lane Road Ordinance Petition to the Planning Board for review as required in Section II.3 of the Road Ordinance. Seconded by Councilor Carney Vote: 6-0-0 (Fairbanks absent)
New Business
09-50 DEDC Funding Request
Craig Bulkley, Gervaise Dr. representing President of Board of DEDC – He spoke to Town Council regarding their request for $20,000. He also gave an overview of their accomplishments for the Town. He asked this vote be expedited and schedule a public hearing.
Councilor Coyle asked for a contract from the DEDC
Councilor Fairbanks asked how many businesses are in the “incubator” and how long it has been running.
Craig Bulkley answered there would be a contract without a problem and that there is room for 11 businesses in the “Incubator” presently there are 2 businesses and has been running for 2 months.
Councilor Benson asked to make it clear that this money is for the non-profit side. And he asked if the DEDC was working with the Town’s Finance Director to review their books.
Craig Bulkley replied that this has already happened and the meeting with the town’s Finance Director had taken place within the last month. There were no concerns brought to his attention.
Councilor Fairbanks asked if the Town Council had ever received the Forensic Audit report after the embezzlement took place. She asked for a copy.
Craig Bulkley replied that he would have to check and there is an issue of non disclosure with the courts. He will check and find out.
Councilor Coyle stated there was confusion over needing the money for the non-profit side of the DEDC because at the presentation it was more discussed about the for profit side.
Craig Bulkley explained the difference.
Councilor Carney would like it specified in writing what the actual request of monies if for in their proposal. He feels confused by the presentation also.
Councilor Coyle asked that a public hearing be held on a specific contract by the DEDC.
Jack Dowd – Explained the DEDC’s history with the Town and projects. The DEDC has over the years brought in $2.6M in tax revenue. This past two years and there has been no new growth.
The downtown study that was done cost $40,000 that shows where the downtown isn’t developed.
Councilor Carney stated he did not know what projects he was talking about.
Jack Dowd gave some examples of these projects.
Councilor Fairbanks and Jack Dowd had an intense discussion over the TIF district and Wal-Mart.
Councilor Carney state that he was upset by Mr. Dowd’s attitude and manner of addressing the Council.
Discussion continued over the Wal-Mart project.
Move to hold a Public Hearing 09-50 on May 19th on Funding for the DEDC as a supplemental appropriation.
09-65 JAG Grant Program
Chief Garone explained the JAG Program and how what the intention of the funds to be distributed would be used for. Rockingham County Sheriff’s department would be the administrators of the Grant at a 5% fee.
Motion by: Councilor Carney move that the Derry Town Council authorize the Town Administrator to execute the Interlocal Agreement between the Town of Derry Police Department and the County of Rockingham, NH, subject to possible revocation of approval following the public hearing and vote to accept the Justice Assistance Grant Program Award. Seconded by Councilor Benson Vote: 6-0-1 (Coyle abstained)
Larry Budreau asked if Frank Childs could speak to the funding manner of 09-50
Frank Childs explained that a supplemental appropriation is not necessary as there are funds in the Business Development’s current budget.
Councilor Coyle asked if there was a line item in the current budget for the DEDC.
Frank Childs stated because of the inactivity in this office the funds would be there.
Council Requests / Open Discussion
Councilor Coyle stated that Town Council had received a staff report regarding CLD needing more monies to finish the EIS report. Chairman Metts would like to schedule an appointment with Attorney Boutin in regards to this. Councilor Coyle stated there was apparently a case in Londonderry regarding Boston North and he would like a copy of this before their meeting with Attorney Boutin.
Councilor Fairbanks – stated that after the budget meeting last week that there were four councilors in the meeting room that remained - this constitutes a quorum and there were emails of explanation; however, she would request that this does not happen again.
Chairman Metts wanted to schedule the meeting with Attorney Boutin either Monday May 18th or Wednesday May 20th. Councilors agreed on Monday May 18th at 6:30 pm.
Chairman Metts asked Larry Budreau to obtain a copy of the court decision on Boston North vs. the Town of Londonderry for the Derry Town Council before the 5/18/09 meeting.
Adjourned 9:20 p.m.
Recording Clerk – Denise Neale, Town Clerk
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