TOWN
OF
Town Council Meeting
Member Present: Staff Present:
Chairman Bulkley Mike
Fowler, PW Director
Councilor Coyle
Councilor Ferrante Frank Childs, CFO
Councilor Carney George Sioras, CD Director
Councilor Metts
Councilor Chirichiello
Councilor
Recording, Town Clerk,
Called to Order at
Salute to Flag- Led by Al Dimmock
Notice of Fire Exits & Handicap Access
Roll Call-Present:
07-32 Acceptance
of Non-Public Minutes –
07-33 Acceptance
of Minutes –
07-17 Schedule
a Public Hearing –
Consent Agenda - Approved
Chairman Bulkley gave a layout of how he would
like to conduct the meetings over the course of this year.
·
Explanation of the tasks of at Town
Council Meeting.
·
The rules that the council would
follow which were adopted
·
It is the responsibility of The Chair
to maintain order
·
Public Hearings: request that the
hearings stay within the topic
·
Public Forum: is not intended to be
used for questions – please refer your questions to the Town Administrator
or Department Head
·
Remarks must be directed toward the
chair
Fellow Councilors, I request that you direct
your questions to the Chair –the chair will pose the questions to the Town
Administrator or Department Head.
There have been concerns regarding legal
counsel costs. It is an inherit conflict for the council to use a councilor for
legal opinion. The Chair assured the
Council that he would only suggest Legal Counsel if necessary. He has asked ATA Moody to prepare a Legal
Service RFP to assure we are getting the best service for the best price.
One other item: on
Reappointment of Deputy Town Clerk as
required by RSA 41:18
Motion: To approve the recommendation of the Town Clerk for Ruth Robinson as Deputy Town Clerk until 2010. Motion: by Chirichiello, second Carney.
Vote: 7-0-0
Clean up at former Shamrock Dry Cleaners site
– they will be cleaning it up and have asked the public to stay away from that
property.
ATA Moody will check with PW to find out what
kind of notification was given to the public in that area.
Bennett Yeager has reported 19 applicants for
the Town Administrator position.
They will be processing them to forward final recommendations to the council.
Interview Applicants gave brief explanations of their qualifications and reasons for their interest.
Margie Ives, Bill
Hoyt, Jim Arruda, John Anderson, Neil Wetherbee, Daniel Love, Judy Books,
Jennifer Books, Jan Choiniere
Motion to appoint:
Margaret Ives 3-yr member- By: Bulkley, Chirichiello
Vote:
Motion to appoint:
Jim Arruda 2-yr member- By: Bulkley, Ferrante Vote: 7-0-1 (Coyle)
Motion to appoint:
Judy Books 3-yr member- By: Carney, Metts Vote:
(Chirichiello,
Ferrante, Bulkley)
Motion to appoint:
Neil Wetherbee 3-yr alternate- By: Bulkley, Metts Vote:
(
(Note: 1 opening
for Alternate member to Expire 2008)
David Milz
Motion to appoint: David Milz 5-yr member – By: Bulkley, Ferrante Vote:
Rick Holmes, Janice
Rioux, Marion Richardson-Pounder
Motion to appoint:
Rick Holmes 3-yr member /Janice Rioux 3-yr member
Marion Richardson-Pounder 3-yr
alternate
Mike Gill, Grant
Benson Jr., Randall Chase, Tom Caron, John Gleason, Mike Houghton, Al Dimmock
Motion
to appoint: Mike Gill 1-yr member/Grant Benson Jr. 1-yr member
Randall
Chase 1-yr member/Tom Caron 1 –yr member
John
Gleason 1 –yr member/ Mike Houghton 1-yr member
By: Bulkley, Ferrante Vote:
Ginny
Roach, Dave Nelson, David Granese, Richard Tripp
Motion to appoint: Ginny Roach 3-yr member
By: Bulkley, Metts Vote: 7-0-0
Motion to appoint: David Granese 3-yr member
By: Coyle,
Motion to appoint: Dave Nelson 1-yr member
By: Bulkley, Metts Vote:
Motion to appoint: Jan Choiniere 2-yr alternate
By:
Coyle,
(Note: 1 opening for Alternate member to Expire 2010)
Allan Virr, Dana
Tripp, Chris Lunetta, Al Dimmock
Motion to appoint:
Chris Lunetta 3-yr member
Bulkley,
Carney Vote: 7-0-0
Motion to appoint:
Al Dimmock 3-yr member
By: Bulkley,
Ferrante Vote:
Motion to appoint:
Dana Tripp 3-yr alternate
By: Metts,
Chirichiello Vote: 7-0-0
Motion to appoint:
Alan Virr 1-yr alternate (declined)
(Note:
1 opening for Alternate member to Expire 2010, 1 opening Alternate expire 2009,
&
1 opening Alternate expire 2008)
Councilor Chirichiello requested a
five-minute recess.
Public Hearings
07-21
Amend the Code of
the Town of
Intersection to add
a Yield Sign at
Grant Benson Jr., Hwy Safety Committee gave the background information regarding this intersection and discussed why yield sign as opposed to a stop sign.
Open Public Hearing 7-0-0
Marge Bisson,
Al Dimmock,
Close Public Hearing 7-0-0
Motion: To amend the Code of the Town of
Be it ordained by the
07-26
Release of Public
Servitude –
Mike Fowler gave background on the request
from the Doyle’s residents at
Joseph & Bridget Doyle,
Francis McCue,
Atty. Clark was requested to have input to
this issue. Questions were asked by the
council.
Motion: Councilor Chirichiello requested to table until
Council receives a notarized letter from the owner’s of
07-27
Amend the Code of
the Town of
ATA Moody addressed the Public Gathering
Ordinance and the fact that insurance is not stated as required. This would add that Provision. It is a practice but not stated in the Ordinance.
Dave Nelson,
Al Dimmock,
Maureen Rose,
Joe Dichiaro,
Motion: Councilor Chirichiello moved to table this until Ordinance is clarified and reviewed by Counsel. Vote: 7-0-0
Frank Childs clarified point that there is no
language requiring Certificate of Liability in the Ordinance.
07-28 Supplemental
Appropriation from Restricted Fire General Fund Balance $159,832.35 for Compensated Absences & Consolidation of
Town & Fire Compensated Absence Expendable Trusts
Open Public Hearing 7-0-0 (No Public input)
Motion: Move a supplemental appropriation of $159, 832.35 from Fire Department Restricted General Fund Balance to be transferred to the Fire Department Expendable Trust for Compensated Absences and upon receipt of those funds, close the Fire Department Expendable Trust account and transfer the balance of principal and interest earned in it to the Town’s Compensated Absences Expendable Trust.
Chirichiello, Carney Vote: 7-0-0
07-29 Amend
the Code of the Town of
Medical/Business District (OMB), Section
165-35B-Permitted Uses- add #6,
Congregate Care &
Assisted Living Facilities as permitted uses in the Office
Medical Business District
Upon opening the Public Hearing we will be
using the 3-minute lights so that everyone will have the chance to speak. If we cannot get through this tonight we will
reschedule.
George Sioras gave an overview of the sites
included in this rezoning with an overhead map of the zone.
Neal Ochs, Planning Board – this parcel needs
to be developed and changing the zoning for this zoning ordinance and will be
tax positive for the town. There is a
sub-committee of the Zoning Board looking to rezoning the town.
Councilor Coyle motioned to extend 10
minutes, Councilor Chirichiello, second.
Open Public Hearing - Coyle, Metts Vote: 7-0-0
Maureen Rose,
Questioned RSA’s in regards to this area.
Atty Clark reviewed RSA’s the questions is
has the State regulated this area. He
doesn’t believe it has.
Al Dimmock,
Councilor Coyle motioned to extend another 10
minutes. Vote 7-0-0
George Sioras read definitions of Congregate
Care Facility and Assisted Living Facility.
Marge Bison, Cole Rd– Believes Derry does
need an Assisted Living Facility as the two nursing homes are always filled.
Melissa LeClair,
Steve Falconer, Buttonwood Dr – his
experience with his family in Congregate Care was positive.
Jack Dowd, Sundown Dr – has seen some of the
developments they fit into neighborhoods well.
It will bring in taxes money.
Neal Ochs – it’s a small area. It is for the elderly not for drug addicts.
Valerie McAdams,
Motion to suspend the rules by Chirichiello,
second Metts Vote:
Randall Chase,
Morris Vigant,
Joe Dichiaro,
Maureen Rose,
Dave Nelson,
Melissa LeClair - Calculations show that the
facility would be paying approx $225K - $275K per year.
George Sioras, CD Director – feels there is
an opportunity here to revitalize this area.
Al Dimmock, High St – this is a good thing
for us.
Close Public Hearing Vote: 7-0-0
Motion to continue another 10 minutes by
Ferrante, second by Metts Vote:
Council
ATA Moody stated the definitions of
Congregated Care and Assisted Living would be posted on the Town’s Web site.
Councilor Chirichiello motioned to continue
Council discussion at the next meeting and the Public Hearing on 07-30, second
by Councilor Metts Vote: 7-0-0
Maureen Rose – suggested that the DEDC work
with businesses in Town for recycling.
Also would like to see signs downtown to show where the conservation
land is and littering signs.
Motion to close the Public Forum by
Chirichiello, second by Carney. Vote:
7-0-0
Council Requests
Councilor
Councilor Carney - Asked if there were maps at the sites? (Councilor Ferrante stated there were)
Councilor Chirichiello – Plug for the
Downtown businesses in speaking with owners they don’t have many
Councilor Coyle – is concerned with the morale
at the police department. Would like to
investigate. Pertaining to the rules of
the charter he will be addressing his questions to the ATA or Department Heads
directly. He will not be going through
the Chair.
Chairman Bulkley explained why he asked the
Councilors to go through him with questions. He relies on the Town Administrator and
Department Heads to handle personnel issues.
Councilor Carney – Heard from many officers
regarding morale.
Councilor Ferrante – would like to go through
the channels described by Chair.
Councilor
ATA Moody with regard to the Upstone Lane
Sewer & Brookview will be coming forward.
Motion
to Adjourn
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