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City Council Meeting
Minutes
August 13, 2007
Non public sessions in accordance with RSA 91-A: 3, II (d)
to discuss contract negotiations.
City Council Chambers
7:00 p.m.
Action: Councilor Rogers moved approval of the June 25, 2007 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor McClure moved approval of the July 9, 2007 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
- Consent Agenda Items –
Note: Those items listed as pulled from the consent agenda will be discussed at the end of the meeting following unfinished business.
Action: Councilor Rogers moved to approve the consent agenda, as amended with items 9 and 26 removed for discussion at the end of the agenda. The motion was duly seconded. Councilor McClure pointed out that a hazardous waste collection day is scheduled for September 22nd. The motion to approve the consent agenda, as amended, passed with no dissenting votes.
Referral to the Traffic Operations Committee
Referral to the Planning Board
Action: This item removed for discussion at the end of the agenda.
Referral to City Administration, the City Solicitor and General Services
Referral to General Services, Code Administration, the Police Department and the City Solicitor
Items Tabled for a September 10, 2007 Public Hearing
From the City Manager
Action: This item removed for discussion at the end of the agenda.
Consent Reports
Consent Resolutions
43. Resolution accepting a dedication of property for the Crescent Street right-of-way from City owned property at 4 Crescent Street and “0” East Street; together with report from the Assistant for Special Projects. (Revised resolution; together with report from the Assistant for Special Projects submitted)
44. Resolution accepting a dedication of property for the East Street right-of-way from City owned property at 35 East Street. (Revised resolution submitted)
Consent Communications
45. Street closure request asking that a section of Bainbridge Drive, from Oscar Boulevard to Styles Street be closed for a neighborhood block party to be held on September 3, 2007 from 11:00 a.m. to 7:00 p.m.
46. Street closure request asking that Wilson Avenue from South Street to Fern Rock be closed for a neighborhood block party to be held on Sunday, September 2, 2007 from noon until 10:00 p.m., rain date Monday, September 3, 2007.
47. Street closure request asking that Liberty Street between Warren and Pleasant Streets be closed for a neighborhood block party to be held on Saturday, September 8, 2007 from 12:00 – 8:00 p.m., rain date Sunday, September 9, 2007.
**End of Consent Agenda**
A. Public hearing on proposed fees associated with athletic field usage as recommended by the Recreation and Park Advisory Committee within a report from the Acting Recreation Director. (7-10) (Communication from Bishop Brady High School submitted)(Additional public testimony received)
Action: Candace White Bouchard, Ward Nine representative of the Recreation and Park Advisory Committee, indicated that the committee was asked by the city to look at the fees that the city was charging for fields. She explained that a subcommittee looked at fee policies to see how other communities handled fees and also asked the General Services Department to provide the costs to maintain the fields. Ms. Bouchard also noted that the committee met with all the user groups pointing out that the groups were in agreement that they were receiving a great deal on the fields, they appreciated the city fields and that there was no opposition to the fee increase except for one private school and church league which had some concerns.
Acting Recreation Director David Gill added that everyone was included within the process with the opportunity for dialogue. He noted that this process was a benefit for the Recreation Department to be able to hear all the positive and negative comments regarding ways to improve on issues.
Councilor Rogers noted that when the city deals with the Concord School District that there is a “tradeoff” in terms of the use of their gymnasiums and inquired whether anything had been looked into in a similar situation in regards to Bishop Brady High School. Ms. Bouchard responded that in the past there had been a trade with using Bishop Brady’s vans in summer recreation programs which is no longer occurring due to safety issues. She explained that the committee wanted to have a policy that is uniform and fair in which fees would be given that were consistent with what another private schools are paying. Referencing volunteerism and acts of charity, Ms. Bouchard pointed out that all the user groups contribute to the city and that the committee was specifically looking at the fairness issue trying to be proactive as the city grows and other private schools use the city’s fields.
Councilor Rogers referenced a correspondence which questions the maintenance being done on the prep fields and which specifically asks that bases be provided at Rollins and Keach Parks and inquired whether these items were brought up during the committee discussions. Ms. Bouchard indicated that these issues had been brought up during discussions explaining that the baseball little league users brought up that they would like bases that fit into a pipe at the base which is uniform and consistent to work at the other parks. Ms. Bouchard pointed out that there was discussion that it is sometimes difficult to get on the fields noting that it was felt that perhaps the city was being too protective of their fields. Referencing the fees, Councilor Rogers inquired whether the feeling is that by bringing the fees up to be more equitable, the maintenance will be stronger and that there will be some revenue to the city. Ms. Bouchard responded that this is the hope but that this would be better directed as a question to General Services. She added that she feels that the fees will help the city maintain the fields and that all the users seemed to understand and appreciate this. Councilor Rogers asked if the thought of the advisory committee is that as the city develops new fields that this is the strategy that will be in place to move forward: for example that the maintenance and prep costs is considered on a new fields and this is how to determine what the user fees will be so that that the city doesn’t find itself again in which there is an inequity for these costs. Ms. Bouchard responded that this is what the committee has brought forward to the Council.
Referencing the increase of the youth baseball league fees, Councilor Blanchard noted her concern with how much it will cost for youth to participate. Councilor Blanchard referenced the $25 per two hour fee and inquired as to how long it takes to play an average babe ruth ball game. Ms. Bouchard responded that the intent was never to come up with a policy that would deny children from playing sports and noted that none of the users had indicated that this increase would be a hardship and that children would not be able to play. Mr. Gill indicated that Concord Club Lacrosse and little leagues did not have a problem with the increases and felt that the fee increases were a reasonable increase. Mr. Gill duly noted that the $50 flat fee has not been increased for at least the past ten years. Ms. Bouchard explained that the committee did an average of a two hour game and that the NH Technical Institute, where leagues also play, figures that most games are 2 ½ hours long and their fee is $30 an hour.
Councilor Coen questioned as to how many children participate in the little league teams. Mr. Gill responded that there are four separate little leagues in Concord indicating that he is unsure of the exact number but could get that information for Council. Councilor Coen pointed out that $500 seems to be quite a bit of money noting however that if there are 300 players and the cost is divided equally, it would only be an increase of about $1 per player for the year and does not seem unreasonable.
Mayor Donovan inquired as to what the cost is to participate on a little league team. Councilor Nyhan indicated that Concord National Little League charges $50 per season per child. Mayor Donovan inquired as to how this compares to someone participating in a soccer program. Mr. Gill responded that the soccer program is currently $40; late submission price is $50. Mayor Donovan inquired whether scholarships are available for children who cannot afford the $40 fee for the soccer program. Mr. Gill indicated that to be correct. Mayor Donovan inquired whether the little league programs offer scholarships to those unable to afford the participation fee. Mr. Gill responded that he is not sure as to whether they offer those types of scholarships.
Councilor Coen noted that he had once been a coach on the Concord American League Board and at that time scholarships were provided.
Councilor Lemieux inquired as to whether the money would go to the Recreation Department or the General Services Department. Mr. Gill responded that the adult leagues fees go into the player fee account which goes to the General Services Department to use for their CIP’s for adult related facilities and indicated that the youth fees go back into the general fund through the Recreation Department. Mayor Donovan added that any project that comes out of the adult player fee account, Council specifically approves.
Mayor Donovan declared the hearing open.
Five Minute Public Testimony
Jean Barker, Bishop Brady High School Principal, noted that the intent of her correspondence was to state some opportunities as a member of the community that the school is not just on one side taking and not giving. She pointed out some of the fees that the school gets charged for field usage. She indicated that the school has numerous students from the Concord area and that the parents are concerned because they are already paying high taxes and wonders why this school is being signaled out to pay these fee increases. Ms. Barker inquired as to what the separation is and why Concord High School is not required to pay the new fees and why Bishop Brady High School is required to pay the new fees noting that she feels that these are not consistent.
Fred Vezina, Bishop Brady High School Athletic Director, noted that when he did his schedules he had waited until he received the Concord High School schedule because Concord High School had received first dibs and inquired whether this process could change and whether Bishop Brady High School can fight for field usage dates. He asked whether there will now be more of a fair consistent use of the field.
City Manager Tom Aspell explained that the city has an agreement with the Concord School District in which the school provides usage of the gyms and transportation vehicles and the city provides all of the maintenance of Memorial Field. He indicated that the school uses the properties and gets first usage through a contract between the city and the school district. Mr. Aspell pointed out that the city is separate from the school with two separate taxing/budgetary authorities. In terms of the priority, Mr. Aspell indicated that until the agreement changes, it will always be Concord High School first.
Jean Barker noted that the Bishop Brady High School facilities are frequently used by the city at no charge and suggested that the city get into an agreement with them as well. Mr. Aspell responded that whether or not that the city would agree to the services provided in terms of exchange would be a question for negotiation. Mr. Aspell pointed that there are students who live outside of Concord who use the fields and that the parent’s properties in no way supports the city.
Mayor Donovan indicated that he calculates the football field fee, if Bishop Brady makes the playoffs at $1,400 annually. Ms. Barker added that if any of the games require lights, there is an additional $250 fee per game, to cover the cost for the lights.
Pam Ean, Church Softball League Commissioner, pointed out that some of the churches are not going to be able to pay if the league fees as proposed are increased. She explained that there are churches from all over and that there is only one church in the league that is not in Concord and does not have a field. She pointed out that there would be a $7.00 per game fee increase which is going to hit the league hard because there are quite a few elderly individuals within the league.
Mayor Donovan inquired to the cost per player to play in the league. Ms. Ean responded that the $100 cost is not based on per player but is based on per church.
Councilor Coen inquired as to how many players participate on a team. Ms. Ean responded that the number is between fifteen and twenty three players per team.
Councilor Nyhan inquired as to how many games per season the church league sponsors. Ms. Ean responded that they play a ten week schedule with sixteen teams in the league. She explained that they use three of the city fields noting that they use quite a few other fields as well. She added that she feels that the city fields are not maintained sometimes missing batter’s boxes and foul lines.
Maggie Anderson, Concord Northeast Baseball, noted that the league does not have a problem with the fee for the fields explaining that they do not use the fields to play the games and only use Keach and Merrill fields for practice. She explained that they use Sanel field for their games which is maintained solely by the league noting that they know what it costs to maintain fields.
Councilor Coen questioned whether there is still a scholarship program in place. Ms. Anderson responded that Concord Northeast Baseball does offer scholarships and usually give out between fifteen and twenty a year.
Mayor Donovan inquired to the cost to play in the league. Ms. Anderson responded that it cost $60 per player and $35 for T ball players. She added that they usually have between 300 to 400 players per season.
Councilor Nyhan questioned whether Concord Northeast Baseball was part of the little league international or little league national organization. Ms. Anderson explained that they are affiliated with little league and have changed their affiliation to Cal Ripken and Babe Ruth because of insurance issues. Councilor Nyhan inquired as to the cost of the franchise fee. Ms. Anderson explained that they pay an insurance premium for each team for liability; pay to insure Sanel field; $2,000 to $3,000 for water; cost to fertilize the field; costs to maintain buildings and equipment. She noted that she was not sure of the cost of the franchise fee at this time.
Averill Cate, American Legion Baseball Program – Concord Post, noted that there was some resistance to the fee increases at the meeting that he attended. He indicated that Babe Ruth had noted their concern with the fees increasing. Referencing a recently held state tournament, Mr. Cate noted that the city kept the field immaculate. He pointed out that the 1926 deed reads: “that a tract of land hereby conveyed shall be used for playground and amateur athletic field primarily for high school pupils.” He noted that the Quarry Dogs, Sunset League and Over Forty League are not high school pupils and questioned as to why the American Legion has to take a back seat to the other leagues.
Mayor Donovan inquired whether Council could receive a response on the question pertaining to the deed intent being for high school youth and how this is dealt with. Mr. Aspell explained that concern had been brought forward a few years ago pointing out that there are four or five deeds that were put together for this field including deeds that did not allow alcohol; land/water conservation investment funds; no swearing. Mayor Donovan noted that he feels that it would be helpful for Council to have this information as well as Mr. Cate.
Roy Schweiker, Concord resident, noted his support of this item indicating that he feels that the city is charging more appropriate fees. He noted that it is his understanding that these are still going to be below the costs for most of these programs.
There being no further public testimony, the Mayor declared the hearing closed.
B. Resolution appropriating the sum of $1,450,000 and authorizing the issuance of bonds and notes for CIP #300 North State Street corridor improvements along North State Street from Court Street to Bouton Street; together with a report from the Engineering Services Division. (7-13) (Public testimony from Richard Uchida on behalf of his client Brazilian Resources, Inc. enclosed)
Action: City Manager Tom Aspell provided a brief overview explaining that the last time this was before Council was in June 2006 noting that staff has been working with design engineers and the public to try to put together this project.
Mr. Roberge distributed copies of plans to Council. Mr. Aspell explained that the first set of plans being distributed are plans that Council has seen before with straight alignment of the roundabout; the second set is a realigned plan that tries to minimize impact on the residential property.
City Engineer Ed Roberge explained that this corridor study encompassed all of North State Street from Court Street to Bouton Street. He added that at the time, the corridor also included some lane operational improvements along Main Street as well as the eastern leg of Washington Street at Main Street. He indicated that the corridor study went through extensive review from City Council and from public participation through public meetings and what is before Council this evening is a culmination of these. He indicated that those improvements included some important features: the elimination of the slip lane with the realignment at Bouton Street; reconfiguration of an intersection, a roundabout, at Franklin Street; the reconfiguration of the intersection at Washington Street, particularly to adding a left turn to head westbound on Washington Street; additional streetscape opportunities; a new crosswalk configuration at Walker Street. Mr. Roberge explained that what was approved in June 2006 was the corridor in it’s entirety with two instructions from Council to look at the original roundabout layout was a roundabout that was centered in the middle of the intersection geometry which had impact on four corners and at the time through public participation process Council asked staff to look at shifting that as far north as possible to avoid impact on private properties
Mr. Roberge noted that when Council approved the corridor in 2006, one of the key elements was what is the design solution to Franklin Street and indicated that what came out of the study was that a roundabout intersection was far superior. He noted that those members of the public that attend meetings and provided wanting to avoid a traffic signal at this location or an all-stop condition. He explained that staff looked at some options and what was important was whether this could be shifted as far north as possible to reduce the impact and before Council is two graphics: the original roundabout that was approved in the June 2006 master plan; the roundabout that has been extended to the north. Using the southeast corner of the intersection as an example, he explained that the impacts as a result of this went from a 450 square foot impact to 44 square feet and what is feeling the brunt is the northwest corner of the intersection which is approximately 2,700 square feet. Mr. Roberge pointed out that there was a communication in the negotiations with the new owner, Brazilian Resources, on acquiring that property and making some changes for its corporate offices. He noted that there was a positive communication from Attorney Uchida supporting the program which indicated that they would work with staff in granting the highway easement the city would need and in lieu of this there were certain conditions requested. He explained that what culminated out of the public participation process included concerns with the impacts and safety issues and that staff looked at options and will continue to develop design options including back of sidewalk curbing; plantings that will specifically screen out headlight flash; and the removal of the substantial trees at the immediate intersection corner of the northwest side. He added that another issue included looking at the driveways at the 100 Franklin Street intersection and looking at some of the raised islands that would essentially block those driveways noting that staff would look at the difference between a raised island and a flush rumble strip type of island that will allow two way passage. With respect to this evening and the appropriation, Mr. Roberge indicated that staff is looking at a two phase effort to construct with the first effort looking to get the pavement condition back in order with the intent this fall to reclaim, grind up the existing pavement and regrade curb to curb from Court Street to Church Street and from Church Street to Bouton Street including the realignment of that intersection, essentially the elimination of the slip lane would be constructed in its entirety this fall; the second phase, which would commence in the 2008 construction season, would be to do all the streetscape work and the intersection improvement at Washington and Franklin Streets.
Councilor Coen, referencing the residence on the southeast corner, inquired to the actual footage between the corner of the house and the street and the actual footage between the corner of the house and the sidewalk. Mr. Roberge responded that the dimension to the sidewalk is approximately twenty eight feet and to the street it is approximately forty feet.
Councilor Bennett noted that it appears that the diameter in the middle is the same but that the grassy area appears to have been reduced. Referring to the graphic, Mr. Roberge explained that the alignment of the mini roundabout included a traversable island and because it was shifted northbound the approach geometry had to be changed slightly and was now a landscaped island and is a little bit smaller.
Mayor Donovan inquired about the replacement of the two legacy trees. Mr. Roberge indicated that he has seen forty to forty five foot trees on some projects that have been ordered and delivered and that have survived and is the nature in which staff is thinking. Mayor Donovan questioned how many trees would be planted. Mr. Roberge explained that the landscape architect is currently working on this and may look at two trees with the understanding that they too will fill in and develop over time. Mayor Donovan inquired whether trees could be placed on the city property in the area. Mr. Roberge indicated that landscaping will be included on that corner that is currently barren.
Referencing the stakes currently in place, Councilor Stetson inquired as to what plan this was for. Mr. Roberge responded that what is currently there is the originally approved Council roundabout. Councilor Stetson inquired whether there will be the need to take any private property or whether it is foreseen using eminent domain at all for this project. Mr. Roberge responded that private property is needed, three of the corners are private properties that would be needed. He noted that he feels that staff worked equitably and favorably and added that he feels that the city will be able to acquire what is needed in terms of highway easement for the project without needing to use eminent domain. Councilor Stetson questioned that if these negotiations do not go well and staff comes back to Council to use eminent domain and it is not granted where would that leave this project. Mr. Roberge responded that this would only pertain to the roundabout configuration at Franklin Street and that staff would explore the next three options which include: leave as is; signalizing the intersection; an all stop condition.
Councilor St. Hilaire inquired whether the area being considered for a roundabout is a worse traffic area than Washington Street trying to merge onto the street that takes traffic to 393. Mr. Roberge responded that it has worse sight distance application at this intersection. Councilor St. Hilaire inquired whether any improvement could be made at the Washington Street section he referenced. Mr. Roberge explained that Washington Street is a little different because it has a set of conflict points because the easterly section is one way down so there is no traffic trying to queue up at the intersection and head westbound. He indicated that the layout is appropriate for a future traffic signal and met warrants for this but staff is not opting to signalize that at this time and added that a roundabout analysis had been done at this intersection but there was no real estate to do it and didn’t work out well because of the legs.
Councilor Nyhan, referencing Washington Street, inquired whether there are any expectations that a traffic light will be needed here based upon projections. Mr. Roberge responded that the traffic study report indicated that a future signal was appropriate and that it would meet the criteria with delay and level of service operation. Councilor Nyhan inquired as to the estimated cost of putting the roundabout at Franklin Street, in either design, as compared to the cost of a signal. Mr. Roberge responded that the planning horizon indicated that the roundabout was appropriate at Franklin Street and because of the separation length staff did not see the traffic queuing that would queue back to the Franklin Street roundabout if the signalization was incorporated.
Councilor Coen questioned that if Washington Street and North State Street really wasn’t appropriate for a roundabout does this intersection size-wise meet the minimum requirement. Mr. Roberge explained that there are two design parameters in roundabouts both in urban and rural conditions. He explained that in rural conditions they look at balancing the geometry in a four way intersection as this and to center it ideally and in looking at the mini roundabout that was opted originally this was trying to do that by simply putting it in the middle, create a circular intersection and leave it as it is. He indicated that by shifting the roundabout, there is some level of squeezing but at the same time staff was able to increase the size of the travel intersection by shifting and balancing which include two key points: deflection and the approach geometry into the roundabout.
Mayor Donovan declared the hearing open.
Five Minute Public Testimony
Roy Schweiker, Concord resident, noted his concern with what is perceived as public participation indicating that the property owners were involved with the process but not the general public. He inquired whether this mini roundabout had been approved and examined by a roundabout expert. Mr. Schweiker indicated that he is not in favor of using this as traffic calming in this particular site noting that the city had some guidelines for traffic calming in which there needed to be an affirmative support of a large group of people in the area before building anything. He asked that Council consider taking the roundabout out of the program, send it back to the new traffic engineer that the city is going to hire and see if making Franklin Street one way out of the intersection will correct it enough so as to not spend money on this. He asked that Council consider configurating the approach from Bouton Street the way the Fire Chief wanted.
Karen Craver, 100 North State Street, noted that the city has really tried to work with the residents on this intersection and feels that the new plan made it clear that staff took residents concerns into consideration when developing the new roundabout. She noted that both she and Eric Paddleford, another resident, support the new roundabout plan indicating that they do not support the older plan.
Amy Smith, 13 Franklin Street, noted her support of the new roundabout plan.
Mayor Donovan inquired whether the third condominium owner supported the new plan. Ms. Craver indicated that they did support the plan and have been attending the meetings regularly.
Carol Nelson, 43 Lyndon Street, noted her concern with the safety of this type of intersection in bad weather conditions.
There being no further public testimony, the Mayor declared the hearing closed.
C. Resolution appropriating the sum of $12,500 as the City share of repairs of the North Pembroke Road Bridge over the Soucook River and approving the source of funds, CIP #478; together with a report from the City Engineer. (7-14)
Action: City Manager Tom Aspell provided a brief overview explaining that the total project cost is expected to be $125,000 in which eighty percent is paid for by the state with a twenty percent local match which is being proposed to split the match with the Town of Pembroke. He indicated that the city match would be $12,500.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
D. Resolution accepting and appropriating the sum of $13,607 from the New Hampshire Charitable Foundation for renovation and refurbishment of the Concord City Council Chambers; together with a report from the Community Development Project Manager. (7-11)
Action: Mayor Donovan inquired as to how spending money on chairs fulfills the New Hampshire Charitable Foundation’s objective of encouraging citizen participation in municipal affairs and questioned whether they have approved this. Assistant for Special Projects Matt Walsh explained that the New Hampshire Charitable Foundation is aware of how these funds would be used and has approved them. He explained that these funds have been used for a variety of different items over the years including the purchase of bicycle racks and trash cans in downtown area noting that there is still dollars left from last year that will be used to re-electrify the light poles in downtown so that they can have Christmas lights in the trees. Mr. Walsh noted that Councilor Coen has been working on trying to get some of the chairs donated so that the funds can be used for something else and pointed out that of the work list, the audio/visual items would be funded by CCTV.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
E. Resolution accepting and appropriating the sum of $9,066 in settlement funds from a Class Action Lawsuit filed in the US District Court, District of Massachusetts; together with report from the Police Department. (7-12)
Action: City Manager Aspell provided a brief overview explaining that this relates back to faulty ballistic vests that had been purchased and that as part of this settlement the total amount back to the city is $9,066 of which is being suggested that $1,885 be returned to the officers who upgraded the vests at their own costs. He explained that the total amount back to the city would then be $7,181 of which would be used to purchase new equipment in the future.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
F. Resolution appropriating the sum of $120,000 for CIP #283 construction of pedestrian signals along Loudon Road and approving the sources of funds as transportation impact fees in the amount of $60,000 and a donation of $60,000 from Lowes, Inc; together with a report from the City Engineer. (7-15)
Action: City Manager Aspell provided a brief overview explaining that at the intersection of Stickney Avenue and I-93 southbound and northbound ramps where pedestrian signals are not presently installed the design would be done and the city would manage the project and complete installation of the pedestrian signal so that it would be easier to cross back and forth at this area with non-city dollars.
Councilor McClure asked for clarification as to the location and the pedestrian movement. City Engineer Ed Roberge explained that this is not a friendly pedestrian corridor and that currently the crosswalk is an exclusive pedestrian phase at Fort Eddy Road and the southbound and northbound ramps off I-93. He indicated that this proposal will move this from Fort Eddy Road and shift this to Stickney Avenue in which there will be a dedicated crossing in this area.
Mayor Donovan noted that there is a path that cuts across the landscaped area and inquired whether there has been any thought of making this a real sidewalk. Mr. Roberge responded that it is fully paved sidewalk. Mayor Donovan questioned whether this area gets plowed. Mr. Roberge noted that General Services indicates that they do plow this area. Mayor Donovan inquired whether this signal will do anything for people walking to the post office. Mr. Roberge responded that if people are walking on the south side of Loudon Road, this will give them pedestrian controlled crossing at those key intersections at the ramps. Mayor Donovan inquired whether this would include both the on and off ramps. Mr. Roberge explained that it would include pedestrian equipment at the driveway crossing at the Ralph Pill building and at the two ramps there will still be pedestrian equipment at Fort Eddy Road and the I-93 northbound off ramp.
Councilor McClure inquired about the south side of the bridge. Mr. Roberge responded that people would have a clear path with pedestrian equipment to protect them all the way to the arena. Councilor McClure inquired whether there will be another pedestrian activated light at the ramp that comes off I-93 heading north before the bridge, crossing west to east off the ramp. Mr. Roberge responded that there is currently crossing capability and is an exclusive pedestrian, an all stop condition, at this location. He explained that it is being proposed to eliminate this north south crossing because there are not a lot of people crossing in this location so that the north south crossing would be at Stickney Avenue and the two arena driveways.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution appropriating funds received as guarantees for public improvements and authorizing the expenditures for specified purposes; together with a report from the Deputy City Manager - Finance and the City Engineer. (7-16)
Action: City Manager Aspell provided a brief overview explaining that at times developers fail to perform and complete necessary improvements as part of their services as part of their projects so the city has pulled those dollars and used them as financial guarantees to complete these projects and that this is a resolution that staff would like to have permanently in place to authorize the city to spend those dollars.
Mayor Donovan declared the hearing open.
Five Minute Public Testimony
Jack Watts, Ked Drive, indicated that he is one of the seven property owners on
Ked Drive where proposed renovations will be done and noted his support of
this. He complimented the professionalism of the City Engineer Ed Roberge, city
staff and City Council.
There being no further public testimony, the Mayor declared the hearing closed.
H. Resolution appropriating the sum of $1,550,000 and authorizing the issuance of bonds and notes for CIP #104 construction of grit removal system upgrade in the headworks area at the Hall Street Waste Water Treatment Plant; together with report from General Services. (7-17)
Action: City Manager Aspell provided a brief overview explaining that the headworks equipment dates back to the 1980’s noting that this replacement was identified in the 2004 Woodward and Curran study.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
I. Resolution appropriating the sum of $65,000 and authorizing the issuance of bonds and notes for CIP #104 replacement of a primary clarifier drain valve at the Hall Street Waste Water Treatment Plant; together with report from General Services. (7-18)
Action: City Manager Aspell provided a brief overview explaining that this project entails a twenty foot deep excavation of the area, dewatering during excavation, repair and replacement of a failed six inch plug valve, backfilling and compaction of excavation regarding the area.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
J. Resolution appropriating the sum of $134,000 and authorizing the issuance of bonds and notes for CIP #121 equipment replacement; together with report from General Services. (7-19)
Action: Mayor Donovan asked that the next three titles be read together and that the public hearings for items J through L be taken together. There being no objection, the City Clerk read the three titles.
Mayor Donovan declared the hearing open for items J through L. There being no public testimony, the Mayor declared the hearings closed.
K. Resolution appropriating the sum of $665,000 and authorizing the issuance of bonds and notes for CIP #121, equipment replacement. (7-20)
Action: Public hearing for items J through L taken together.
L. Resolution appropriating the sum of $67,000 and authorizing the issuance of bonds and notes for CIP #121, equipment replacement. (7-21)
Action: Public hearing for items J through L taken together.
M. Resolution appropriating the sum of $45,000 and authorizing the issuance of bonds and notes for CIP #65 replacement of the main electrical service at the City Hall municipal complex; together with report from General Services. (7-22)
Action: City Manager Aspell provided a brief overview explaining that this item was identified in a facility study done a few years ago as one of the main safety improvements to City Hall.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
N. Resolution appropriating the sum of up to forty thousand dollars ($40,000) from the self insurance reserve for legal defense in the case of U.S. Cellular v. the City of Concord; together with report from the City Solicitor. (7-23)
Action: City Manager Aspell provided a brief overview explaining that these are the dollars to defend the city in a suit in federal district court regarding the cell tower that is proposed on Donovan Street.
Mayor Donovan inquired whether the attorney has been involved in tower cases before. Mr. Aspell indicated that he has. Mayor Donovan inquired as to how many municipalities he has successfully defended. City Planner Doug Woodward indicated that the attorney had been referred to the city as an expert in the field and that he had received a favorable opinion in the federal district court in the neighboring Town of Bow. Mr. Woodward indicated that he is aware of his successful work in North Hampton.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
August 13, 2007 Public Hearing Action
Action: Councilor Bouley moved to adopt the proposed fees. The motion
was duly seconded. Councilor Bouley thanked the committee for all their hard
work and explained that the committee spent six months conducting five different
meetings with every single user group pointing out that every user group
attended the meetings. He explained that the committee went into the process
with some basic principles to provide accessible user facilities at a reasonable
cost noting that this is what the committee has tried to achieve by proposing
these fees. He noted that the committee also provided some consistency to all
user groups throughout the city. Councilor Bouley pointed out that there are
user groups that come to Recreation Department to use the fields but those users
are turned away because there is no space for new groups and feels that this
will help the committee in looking long range to address the issues of field
usage and space. Referencing the lights at Memorial Field, Councilor Bouley
explained that anyone that uses the lights at this field has to pay for them
including Concord High School. He pointed out that the quality of the
maintenance of the fields and the priority of usage were brought up during the
public hearings and feels that these issues should not prohibit Council from
moving forward in providing consistent reasonable costs collected for the field
but does feel that the city and the advisory committee should look into both of
these issues raised this evening.
Councilor Nyhan pointed out that the testimony by Ms. Barker was somewhat compelling to the extent that Bishop Brady does support the community in some ways and asked that she contact the City Manager as to whether there is some sort of agreement that can be made for shared usage. He noted his support of the fee structure as outlined for Council.
Councilor Blanchard noted her agreement with Councilor Nyhan
The motion to adopt the proposed fees passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded.
Councilor Coen noted that he is not comfortable with a roundabout explaining that there are several being proposed for Concord and Council hasn’t seen where it has been successful anyplace. Councilor Coen moved to amend the resolution to substitute a four way stop or lights at the intersection in place of a roundabout. The motion was duly seconded.
City Manager provided a detailed history of the roundabout and as to Council’s decision in June 2006.
For clarification, Mayor Donovan explained that the words “a roundabout” within the third whereas in the resolution would be replaced with “a signal” or “four way stop.”
Councilor Blanchard indicated that she feels that the cost of a four way stop or a traffic signal would be less and not comparable to the $1.4 million and inquired as to how much money has been spent to date on engineering on the work of the design. Mr. Aspell explained that the $1,450,000 is for the entire corridor. Mr. Roberge responded that the amount spent to date is approximately $105,000.
Mayor Donovan indicated that it is his understanding that this intersection has quite a few accidents. Mr. Roberge explained that intersections that the city has become concerned with would exceed five accidents annually and in the time frame in which the proposal which the study looked at, 1999 to 2003, there was upwards to eight or nine and possibly twelve in one particular year. He added that in the past two years that area is still exceeding five accidents annually and is still considered problematic. Mr. Aspell added that what has reduced the traffic accidents primarily is the travel way because it is in such poor condition that people have to drive slower.
Councilor McClure noted that she does not favor stop signs or a signal but inquired that if a signal is install it will create vehicles stacking up creating congestion and problems for residents within the area trying to get out of their driveways. Mr. Roberge indicated that to be correct.
Councilor Lemieux asked for a refresher regarding the statistics as to how roundabouts can reduce accidents at intersection. Mr. Roberge explained that a typical intersection has thirty two points of conflict, thirty two locations in which vehicles interact with each other, whereas a modern roundabout has eight conflict points. He noted that a roundabout simplifies a driver’s decision and now only looking and adverse to one lane of traffic and therefore it systematically reduces accidents. He added that the information out there regarding roundabouts shows extensive reduction in accident rates.
Councilor Lemieux explained that Council is revisiting a discussion that Council had when they approved the concept and at this point this evening Council is approving the money approved for the concept already approved. He noted that Council had asked staff to go back and work with the residents to minimize the harm to the properties and recognized the commendable job that staff has done to do so. He indicated that the roundabout is safer than the signal option and added that the signalization option was almost unanimously disliked by the residents and noted that he can’t find a reason to vote against this roundabout.
The amendment to the resolution failed on a voice vote.
Mayor Donovan noted he was pleased to hear that there are going to be forty foot high trees replacing the two legacy trees that are going to be lost.
The motion to approve the resolution passed 12 to 2 on a roll call vote with
Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors
Lemieux, McClure, Nyhan, Rogers, St. Hilaire, and Werner voting yes. Councilors
Rowe and Stetson voted no.
Action:
Councilor Werner moved approval. The motion was
duly seconded and passed with no dissenting votes.
Action:
Councilor Black moved approval. The motion was
duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Rowe moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed unanimously on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson, and Werner voting yes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Donovan thanked and recognized the individuals who have volunteered to serve on this commission. He indicated that he will be getting out the nominations for the two current vacancies on the commission to Council within the next week or so. Mayor Donovan asked for a suspension of the rules to add Reverend Jed Rardin to the membership, as an advocate for the homeless population. Councilor Bouley moved to add Reverend Jed Rardin to the membership of the commission. The motion was duly seconded and passed with no dissenting votes.
Councilor Bouley moved approval of the appointments to the Municipal Housing
Commission. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Donovan explained that due to the untimely deaths of Councilors Swope and Brochu, there are several memberships to fill on various committees. He indicated that these appointments are valid through December 31st after which the new Mayor will make the appointment recommendation for the next two years.
Councilor Rogers indicated that Councilors Swope and Brochu served on the Solid Waste Advisory Committee and that these are not listed on the vacancies. Mayor Donovan explained that when Councilor Werner had taken office, he had made immediate appointments to several committees and believed that he had been appointed to this committee. Councilor Werner indicated that to be correct.
Mayor Donovan asked that any Councilor interested on serving on this committee to contact him.
Councilor McClure moved approval of the appointments. The motion was duly
seconded and passed with no dissenting votes.
Action: Councilor Black moved approval of the appointment to the Episcopal Diocese Committee. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: City Manager Tom Aspell provided a brief overview explaining that this is a status report with some detail to explain where staff was with a few projects that are going on in this area.
Councilor Blanchard noted that she is pleased to see that staff has included within this construction season to at least stabilize the base surface for that section of sidewalk that has not been built. She thanked the Engineering Department and General Services Department.
Councilor Stetson indicated that he had attended the meeting held at Merrimack Valley Middle School in which Martha Drukker, Engineering Services, had indicated that this project was going to be bid in sections. He noted that it appears that staff is only going to do Manor Road this year and inquired whether this is correct. Mr. Roberge referenced the sketch attached to the report explaining that the area in dark black is the base bid for CIP 17 which is that Manor Road section from Fisherville Road or Village Street all the way to Abbott Road. He explained that there is also a section on Borough Road from Primrose Lane to Millstream Lane and what was bid alternatively was Abbott Road, the northerly section above north of Manor Road and southerly. He noted that in the order of priority staff would look at Borough and Manor Roads as the base bid and if there is any money left to do anything on Abbott Road, staff would do the southerly connection all the way down to the closest section of the safe routes to school, the walking path. Councilor Stetson indicated that at the meeting there was some discussion about the southerly section of Abbott Road and several people in attendance had indicated that they would like to see this as one of the priority areas also. Mr. Roberge noted his agreement explaining that this would be the staff’s first priority in terms on the alternative work. Referencing the southerly section, Councilor Stetson noted that there is already a sidewalk and questioned whether staff is going to redo this. Mr. Roberge responded that it would be filling in the gaps explaining that there may be a short section of sidewalk that may be connected.
Councilor Black inquired as to the status of the bridges in lieu of the recent bridge collapse in Minneapolis. Mr. Aspell responded that there was one collapse during the flooding in which money had been appropriated for and explained that the other bridge is scheduled for very soon on the other side of town. Mr. Roberge indicated that the city’s key truss bridge, the Sewalls Falls Bridge, is red listed and is scheduled for 2010 replacement. He added that the Department of Transportation will be out there during the weeks of the 20th and 27th to do some underpinning replacement and repair and will be closed several days during daytime operations. Mr. Roberge explained that the state has gone through all of their bridges as well as a number of municipal bridges following the bridge disaster noting that he is not aware of any significant problems that would be of concern to the city.
Mayor Donovan indicated that interim commissioner O’Leary told the Governor’s Council that there wasn’t enough money for the ten year plan and that the Sewalls Falls Bridge was pushed back to 2013. Mr. Aspell explained that that was his suggestion and that they will be holding public hearings around the state to determine that what he is saying is correct.
Councilor Blanchard, referencing the Borough Road sidewalk, inquired that since Millstream Lane and Primrose Lane are on opposite sides of Borough Road whether this will be on the south or the north side of Borough Road. Mr. Roberge noted that as he understands, it will be on the south side of the road so that there will be a crosswalk crossing to get there.
Councilor Stetson moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
New Business
Unfinished Business
Action: Councilor Coen moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor Bouley indicated that Council has received information this evening explaining that he has been approached asking that Council consider joining several other New Hampshire communities and join the U.S. Mayors Climate Protection Agreement. He explained that their goal is to increase energy efficiencies, reduce vehicle traveled miles, and reduce global warming and carbon dioxide pollution in cities to seven percent below the 1990 levels by 2012. Councilor Bouley asked that the City Manager look at this package and if he sees validity in it to come back to Council.
Comments, Requests by the City Manager
Consideration of items pulled from the consent agenda for discussion
Items 9 and 26 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Referral to the Planning Board
Action: Councilor Blanchard noted that she would like the opportunity to vote against sending this communication to the Planning Board with the reason being that she finds it interesting that at one point in time this was a wetlands area and a bog area. She indicated that she feels that it is inappropriate to change the zoning in this area and allow further development.
Mayor Donovan inquired whether the Planning Board would suggest waiting for the master plan. Mr. Aspell explained that typically when getting close to the master plan coming forward, that is exactly what they typically do.
Councilor Blanchard moved to not refer this item to the Planning Board. The motion was duly seconded.
Mayor Donovan noted that he favors sending this communication to the Planning Board.
Councilor Bouley noted his agreement with the Mayor.
Councilor Coen noted that he is not familiar with the area and indicated that he would feel more comfortable sending this item to the Planning Board.
Councilor Stetson noted that he hoped that the Planning Board would take under consideration that this is one of the primary areas considered for an aquifer zone. He indicated that this is one of the things Council referred to them to incorporate into the master plan and that he believes that Council also appropriated the money from a grant to do this study and that this area is right in the middle of this.
Mayor Donovan inquired as to the process of requesting a zoning amendment questioning whether they all needed to come through Council to be referred to the Planning Board or could someone just have sent this to the Planning Board directly. Mr. Aspell responded that this could have gone directly to the Planning Board and the Planning Board can originate items on their own.
Councilor Blanchard’s motion failed on a voice vote.
Councilor Bouley moved to refer this item to the Planning Board. The motion was duly seconded.
Councilor McClure asked that Council comments be forwarded to the Planning Board along with the referral
The motion to refer this item to the Planning Board passed on a voice vote.
Action: Councilor Blanchard, referencing the letter from Merwyn Bagan, pointed out the cooperation between the Friends of the Audi and the city and the fact that the Friends of the Audi do contribute so much the city in the way of grants and fundraising. Referencing info item 11, she noted that Council received a flyer from the Friends of the Audi notifying Council of their upcoming 17th Annual “Pitch-In” Maintenance Days at the City Auditorium and encouraged Council to volunteer in this effort.
Councilor Blanchard moved approval of the positive citizen comments. The motion was duly seconded and passed with no dissenting votes.
Consideration of Suspense Items
8 Sus1 Street closure request asking that one direction of Broadway, from 67 Broadway to Rollins Park, be closed to traffic from 10:00 a.m. to 11:00 a.m. the morning of Sunday, September 16, 2007 for a for a walking tour to take place in celebration of the Temple Beth Jacobs 100 years in Concord.
Action: Councilor Nyhan moved approval of the street closure with the usual reviews and safeguards. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 10:00 p.m., Councilor St. Hilaire moved to enter into non public sessions in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations and the City Manager’s evaluation process. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rowe, St. Hilaire, and Werner voting yes. Councilors Rogers and Stetson voted no.
A true copy; I attest:
Michelle
Tiffany
Deputy City Clerk