TOWN OF DERRY NH

 

Town Council Meeting                                               June 19, 2007

Derry Municipal Center                                              Tuesday 7: 30 pm

 

Member Present:                                                       Staff Present:

Chairman Bulkley                                                      Frank Childs, CFO

Councilor Carney                                                     Mike Fowler, Dir.PW

Councilor Chirichiello                                             Tom Carrier

Councilor Ferrante                                                 Janice Mobsby, Controller

Councilor Fairbanks                                                  Capt Feole

Councilor Coyle                                                            

Councilor Metts                                                

                                                           

                       

Acting Town Administrator, John Moody

Town Clerk Recording, Denise Neale

 

Called to Order at 7:30 pm

 

Salute to Flag led by Councilor Fairbanks, Notice of Fire Exits & Handicap Access

 

Roll Call-Present: Fairbanks, Ferrante, Bulkley, Chirichiello, Carney, Coyle, and Metts

 

Consent Agenda

07-60    Acceptance of Non-Public Minutes – June 5, 2007

07-55 Acceptance of Minutes – June 5, 2007

07-56 Schedule Public Hearing – July 10, 2007 – Justice Assistance

Grant (2007) – Police Department

Consent Agenda- Approved

 

Chairman’s Report

07-59 Approval of Town Administrators Contract

 

Motion by Councilor Chirichiello; Approve the Town Administrators Contract for Gary Stenhouse to begin on July 9, 2007.  Seconded by Councilor Ferrante.  Vote: 6-1-0 (Fairbanks, stated she does not agree with a part of the contract)

 

Motion by Councilor Chirichiello: to authorize Acting Town Administrator Moody to extend his duties for up to 18 hours, as needed at $56.00 per hr, after June 29, 2007, Seconded by Councilor Fairbanks.  Vote: 7-0-0

 

                                    07-63 Approve July Summer Schedule

 

Motion by Councilor Chirichiello; approve the summer schedule for July 10 & 17 for Council meetings.  Seconded by Councilor Metts.  Vote: 7-0-0                           

           

Administrator’s Report           

·         Appointment of Town Counsel

ATA Moody explained the information that he had been requested to obtain in regards to this item from prior Town Council minutes.  Councilors asked question pertaining to this information. 

ATA Moody made the following recommendation:

     In accordance with the Derry Town Charter, Section 8.8 Appointive Officers, I have appointed, subject to confirmation of the Town Council, the firm of Boutin and Altieri, P.L.L.C., One Buttrick Road, PO Box 1107, Londonderry, NH 03053 as Town Counsel for municipal matters and the    firm of Divine Millimet, 111 Amherst Street, Manchester, NH 03101 counsel for collective bargaining and personnel matters.

     These appointments will remain in effect until such time as an RFP for Legal Services has been developed, advertised, reviewed and a final selection made by the Town Administrator, subject to confirmation by vote of the Town Council.

 

Councilor Metts motioned to accept the recommendation as noted in the memorandum of June 19, 2007 from ATA Moody. Seconded by Councilor Ferrante.  Vote: none

 

Councilor Carney motioned to amend the following of the part of the recommendation

These appointments will remain in effect for three months until an RFP for Legal Services has been developed, advertised, reviewed and a final selection made by the Town Administrator, subject to confirmation by vote of the Town Council. Seconded by Councilor Metts.  Vote: 4-3-0

(Fairbanks, Chirichiello, Bulkley) for approval of Amendment

 

On the Motion as amended: Vote: 4-3-0 (Coyle, Fairbanks, Carney)

                       

Public Hearing

 

07-57   Sewer Installation Agreement – Tropic Star Development and the
            Town of Derry.  

Mike Fowler gave background information and an overview of the agreement.

Motion to open Public Hearing by Councilor Chirichiello, Seconded by Councilor Metts 

Vote: 7-0-0

 

No Public Input

 

Motion to close Public Hearing by Councilor Chirichiello, Seconded by Councilor Metts

Vote: 7-0-0

 

Councilors asked various questions regarding agreement and recommendations.

 

Councilor Coyle motioned: 1. Approve the Rockingham Rd. Sewer Installation Agreement with Tropic Star Dev. Subject to funding approval.  2. Schedule a public hearing for a supplemental appropriation of $45,000 for the purpose of installing the sewer service laterals to 9 abutting properties (the source of funds to be determined) and 3. Schedule a public hearing on a resolution to lay out the sewer and assess the abutting properties a betterment assessment in the amount of $5,000 (financing terms and conditions to be determined).  Seconded by Council Ferrante Vote: 7-0-0

Note: Supplemental appropriation public hearing possibility schedule for July 10th Town Council Meeting.

 

Public Hearing

 

06-92   Supplemental Appropriation and Budget Transfer – Upstone
             Lane/Brookview Drive Sewer Installation

 

Tom Carrier gave overview of votes needed for the following: 1. Upstone Lane & Brookview Drive Sewer Installation, 2.Supplemental Appropriation of Budget Transfer and 3. Derry Municipal Sewer Betterment Assessment Policy.

 

Motion to open the Public Hearing by Councilor Metts, Seconded by Councilor Chirichiello.  7-0-0

 

Judy St Lauren, Brookview Dr – Concerned over cost of installation since this is taking place after it’s first recommended timeframe.

Motion to close the Public Hearing by Councilor Coyle, Seconded by Councilor Fairbanks. 7-0-0

 

Councilors asked questions regarding effect of using the fund balance revenues, the amount of required hook-ups and the possible increase of water & sewer rate for FY09.

 

Motion to recess as Town Council and convene as Sewer Commissioners.  Coyle/Fairbanks Vote: 7-0-0

 

Councilor Coyle motioned to accept 07-111 Upstone Lane Sewer, Seconded by Councilor Metts. Vote: 7-0-0

 

Councilor Ferrante motioned to accept 07-110 Brookview Drive Sewer, Seconded by Councilor Metts.  Vote: 4-2-0 (Carney, Coyle) (Fairbanks Absent left at 8:35 p.m.)

 

Councilor Metts motioned to adjourn as Sewer Commissioners and convene as Town Council, seconded by Councilor Chirichiello.  Vote 4-2-0

 

 

Note: Resolutions are shown on pages 4 and 5 following the above actions taken.

 

Text Box: 07-110 RESOLUTION Town of Derry Brookview Drive Sewer The Council hereby adopts the following capital cost recovery method for the Brookview Drive Sewer Project. This vote supercedes any previously approved method of capital cost recovery pertaining to sewer construction projects at Sunset Acres, Barkland Acres and Brookview Drive. WHEREAS: the Town Council approved the extension of municipal sewer to the new elementary school constructed off Scenic Drive and; WHEREAS: the Barkland Acres/Scenic Drive area is shown to have groupings of lots 1 acre or less with soils classified as having moderate limitations or unsuitable to support on-site sewage disposal system replacements and; WHEREAS: the Adopted Derry Wastewater Facilities Plan includes the extension of municipal sewer to the Brookview Drive/Barkland Acres area and such extension is consistent with this plan and; WHEREAS: the Town Council has appropriated $165,000 for the Brookview Drive sewer extension and the Derry Wastewater Division has sufficient funds to fund the balance of the estimated $245,000 project cost in its entirety for the Brookview Drive Sewer Extension: Be it RESOLVED by the Derry Town Council that it is in the interest of public convenience and health that common sewers be constructed on Brookview Drive as shown on the plan entitled "Scenic Dr Sewer Extension - July 2003". RESOLVED that pursuant to Article 8 of the Derry Sewer Use Ordinance and Section 7 of Chapter 149-I of the New Hampshire Revised Statutes Annotated, and the Derry Municipal Betterment Assessment Policy dated June 5, 2007 and any amendments made thereto, upon the completion of construction of said sewers and issuance of a Notice of Availability to each serviceable property, assessments will be made against each property which connects to said sewers as follows: $8,750 (eight thousand, seven hundred, fifty dollars) which shall become due upon the connection of the property to the sewers and that payment of the $8,750 assessment be made in full or as otherwise permitted by the Derry Municipal Sewer Betterment Policy dated June 5, 2007 including any amendments made thereto and that in the event of the sale of the assessed premises the balance of the assessment shall be paid in full and. Further RESOLVED that an additional Supplemental Appropriation of $80,000.00 is hereby approved to construct said municipal sewer extension. Text Box: Text Box: Kevin Coyle, Councilor at LargeText Box: Received and recorded, June 20, 2007 Denise E. Neale, Town Clerk

Text Box: Kevin Coyle, Councilor at Large Rick Metts, Councilor at Large Received and recorded June 20, 2007 Denise E. Neale, Town Clerk Text Box: TOWN OF DERRY—RESOLUTION UPSTONE LANE Text Box: .Text Box: Text Box: Beverly Ferrante, Councilor District #3Text Box: 07-111

 

Text Box: The Derry Town Council acting in the capacity of Sewer Commissioners hereby adopts the following capital cost recovery method for the Upstone Lane Sewer Project. This vote supercedes any previously approved method of capital cost recovery pertaining to sewer construction projects at Sunset Acres. WHEREAS: the Derry Town Council has approved the extension of municipal sewer to South Range Elementary School due to problems with the on-site sewerage disposal system including sewer backups in the Spring of 2003 and; WHEREAS: the Sunset Acres/Upstone Lane area is shown to have groupings of lots 1 acre or less with soils classified as having moderate limitations or unsuitable to support on-site sewage disposal system replacements and; WHEREAS: the Adopted Derry Wastewater Facilities Plan includes the extension of municipal sewer to the Sunset Acres area and that the extension of municipal sewer service to Upstone Lane is consistent with this plan and; WHEREAS: the Derry Wastewater Division has sufficient funds to fund the estimated $260,000 Upstone Lane project cost including a $135,000 remaining appropriation in the Bradford St./South Range School Sewer Project Fund and $125,000 in WW fund balance received from the NHDES Sewer State Aid Grant Reimbursement for the Bradford St./South Range School Project: Be it RESOLVED by the Derry Town Council, acting as the Sewer Commissioners, that it is in the interest of public convenience and health that common sewers be constructed on Upstone Lane as shown on the preliminary sewer plans of the area dated August 1998 as prepared by Dufresne-Henry, Inc. RESOLVED that pursuant to Article 8 of the Derry Sewer Use Ordinance and Section 7 of Chapter 149-I of the New Hampshire Revised Statutes Annotated, and the Derry Municipal Sewer Betterment policy dated June 5, 2007 and any amendments made thereto, upon the completion of construction of said sewers and issuance of a Notice of Availability to each serviceable property and following the connection of each property to the sewers, assessments will be made against each property which is served by said sewers as follows: $5,000.00 per living unit which becomes due upon Notification of availability and connection of the property to the sewers and that payment of the $5,000.00 assessment be made in full or in accordance with the Derry Municipal Sewer Betterment Policy dated June 5, 2007 and any amendments made thereto and that in 'the event of the sale of the assessed premises-the balance of the assessment due shall be paid in full. Further RESOLVED that the remaining balance (+/-$135,000) in the Bradford St./South Range School Sewer Project fund be used for the construction of the Upstone Lane Project and that a Supplemental Appropriation of $125,000.00 is hereby approved to contract said municipal sewer extension.

 

 

 

 

 

 

 

 

 

Councilor Coyle motioned to approve the revised Derry Municipal Sewer Betterment Assessment Policy dated 6/5/2007, as amended on 6/19/2007, seconded by Councilor Ferrante.  Vote: 6-0-0

 

 

New Business

                                    07-65    Approval of Year – End Budget Transfers

 

Janice Mobsby, Controller gave a review of the Budget Transfers & Capital Project Actions recommendation.    

Councilors Carney questioned #2 review fees being paid by developers for this service are not covering current contract rates that the town pays for this service.  Asked when we are going to update these fees.  Requested the Chair has this issue be agendized to get this issue addressed.