City Council Meeting
Minutes
January 8, 2007
Non-public session in accordance with RSA 91-A: 2, I (b) to discuss collective
bargaining following the meeting.
City Council Chambers
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor St. Hilaire moved approval of the December 11, 2006 meeting minutes. The motion was duly seconded.
Councilor Swope, referencing the second to last paragraph on page 16 in which Ms. Manias testified “that the driveway, as it currently exists, is twelve to fifteen feet in diameter” indicated that “in width” should be added to the end of this statement in parenthesis.
Councilor Swope, referencing the last line in the first paragraph on page 28, should be amended to read “because the conservation lots were too small”.
The minutes, as amended, 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 Bennett moved approval of the consent agenda, as amended, with items 20, 27, and 28 removed to be discussed at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Solid Waste Advisory Committee and General Services
Items Tabled for a February 12, 2007 Public Hearing
Items Tabled for a March 12, 2007 Public Hearing
15. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance; Article 28-2, Zoning Districts and Allowable Uses; Section 28-2-4, Allowable Principal and Accessory Uses in Zoning Districts; together with report from the Planning Board in response to a communication from Richard Uchida, on behalf of Fox Brook Holdings, LLC, requesting the rezoning of property on the so-called Foundry property location off of Foundry Street, near Exit 16 in Concord. (10Sus3) (12-15) (NOTE: Public hearing on this item to be held February 12, 2007; incorrectly noted for a March 12, 2007 public hearing)
From the City Manager
Consent Reports
Action: This item moved to the end of the agenda for discussion.
Action: This item moved to the end of the agenda for discussion.
Action: This item moved to the end of the agenda for discussion.
Consent Resolutions
A. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, to establish a Municipal Housing Commission. (12-24) (Mayor requests that hearing be continued until February 12, 2007)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Donovan declared the hearing open.
Five minute public testimony
Tom Avallone, Chamber of Commerce Board of Director member, noted that in 2005 the Chamber of Commerce identified a need for affordable, workforce housing as a critical need that was constricting a lot of the business growth in the area. He explained that a committee was established that he chaired and the committee was pleased to present a report to the Planning Board and City Council. He explained that the first recommendation was the creation of a Housing Commission, representatives of the city that will serve as an advocate or voice for the housing needs of the community. He noted that they feel that it is an idea that will be of great benefit to the city in analyzing what the needs are and how to best help the different agencies of the community to understand the housing needs and to implement them. Mr. Avallone added that the Chamber of Commerce supports this item.
Councilor Swope indicated that the Municipal Association has been very active in affordable housing and inquired whether the committee had spoken to them. Mr. Avallone responded, yes, noting that a number of individuals on the committee networked into statewide committees and that the committee is trying to find out what other communities are doing and what types of statewide efforts are occurring.
Councilor McClure inquired whether the committee has found, during their research, that housing commissions are generally municipal based or regional based. Mr. Avallone responded that housing commissions are usually municipal based and almost always in the larger cities. He indicated that New Hampshire currently has two and explained that there are a number of non-profits that create affordable housing task forces that are usually regionalized around larger cities.
Councilor Lemieux inquired as to what is the definition of affordable housing. Mr. Avallone responded that there are a lot of definitions of housing and noted that it has to do with the median income of a region. He explained that the median income for a county is analyzed and affordable housing is usually 110 percent of what individuals in this median range can afford. Mr. Avallone, referencing Merrimack County, explained that what is considered to be an affordable house is within the $200,000 range with the average range for houses selling in Concord being considerably above this figure.
Mayor Donovan indicated that there is currently an ad in the newspaper for perspective tenants for CATCH’s Friedman Court project which lists the household size and the eligibility.
There being no further public testimony, the Mayor declared the hearing closed.
Mayor Donovan explained that the reason that he asked that this public hearing be continued until the February meeting is so that he is able to send this item around to various groups for comment before being finalized noting that he hadn’t had the chance to do so yet.
Councilor Swope moved to continue the public hearing on this item until the February Council meeting. The motion was duly seconded and passed with no dissenting votes.
B. Ordinance amending the Code of Ordinances, Chapter 17, Operation of Motor Vehicles, Section 17-4-1, Stop required before entering a through street; Rumford and Penacook Streets; together with a communication from Councilor McClure and a report from the City Engineer. (11-19) (12-9)
Action: City Manager Tom Aspell provided a brief overview noting that Engineering Services does recommend the installation of the four way stop controls at Rumford Street adding that staff will be looking at whether or not it is necessary to install a flashing beacon subsequently to the stop. Mr. Aspell added that staff is going to monitor the cut through traffic on Perkins Street.
Councilor McClure indicated that she has recently received calls from residents in the area who are supportive of the stop sign
Councilor Black inquired about the flashing beacon. Mr. Aspell explained that there is going to be an approaching stop sign ahead sign installed noting that sometimes individuals do not pay attention to these signs so staff is concerned about the safety issues. He indicated that the flashing beacon may not be installed, but that it is an option that needs to be looked at.
Mayor Donovan inquired whether installing a flashing beacon is something that the City Manager can approve by his own authority or whether it would need to be approved by Council. Mr. Aspell responded that if it’s been determined that a beacon is required he expects that there would be some type of appropriation need which would require a vote by City Council.
Mayor Donovan declared the hearing open.
Five minute public testimony
Meredith Hatfield, 5 Perkins Street, thanked Councilors McClure and Lemieux for being responsive and supportive on this issue. Ms. Hatfield spoke in support of this item indicating that she feels it will be a solution to some of the issues at this intersection but that there may be some spill over effect in the neighborhoods. She noted that she is hopeful that by alleviating the back up on Penacook Street, that individuals will chose not to use Perkins Street as a bypass during commuting hours. Ms. Hatfield indicated that one of the ideas that the neighborhood liked was the idea of having no through traffic signs posted. She added that she is willing to work with Council and staff to provide information and feedback as to how the new intersection works and whether there is anything the neighborhood could do.
Councilor McClure informed Ms. Hatfield that her questions regarding cut through traffic and signage is already on the Traffic Operations Committee agenda for their next meeting.
Pete Bedwell, 17 Perkins Street, indicated that he feels that the installation of a flashing beacon is a good idea and would reduce the number of accidents that occur.
Councilor Coen inquired whether it had been suggested that Perkins Street become one way heading eastbound.
Ms. Hatfield indicated that she would support Perkins Street becoming one way and added that she feels that the residents that live in the middle or end of the street, that would be less impacted, would support this but is unsure as to how residents at the other end of the street would feel about a one way since it would impact them getting in and out.
There being no further public testimony, the Mayor declared the hearing closed.
C. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule III, creating 2 hr parking on the south side of Warren Street between Pine and Tahanto Street; together with report from the Parking Committee. (12-11) (Communication in support of proposed ordinance received from Jeffrey and Eugenia Smith, 83 Warren Street)
Action: City Manager Tom Aspell provided a brief overview explaining that this ordinance is recommended by the Parking Committee.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
D. Ordinance amending a Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, creating a "no parking" zone on both sides of Palm Street from the area of 20 Palm Street to the end of the street; together with report from the Parking Committee. (11-10) (12-12) (Copy of petition to be submitted to Council by residents of Palm Street enclosed)
Action: City Manager Tom Aspell provided a brief overview explaining that the Parking Committee is recommending creating a parking ban on Palm Street from 20 Palm Street to the end of the street to the north.
Mayor Donovan inquired whether there are currently parking bans on the south side. Mr. Aspell responded that there are currently no parking restrictions on either side. Mayor Donovan inquired whether this ordinance would restrict parking on both sides of the street. Mr. Aspell indicated that to be correct.
Parking Manager Dave Florence explained that the Parking Committee originally looked at the request and with meeting with General Services concluded that there is an inability at times for the snow plows, trash trucks and larger fire apparatus to get to 30 Palm Street. Mr. Florence noted that the road widths range from 24 feet at 20 and 27 Palm Street and down to 18.4 feet in the area of 28 and 30 Palm Street. He explained that the original request looks into the area of 28 and 30 Palm Street to restrict parking and noted that on visits made, there were no vehicles parking in the area other than the one space between 28 and 30 Palm Street and in looking at restricting the parking; it didn’t appear to be a hardship. Mr. Florence indicated that since that time, many residents feel that this would be a hardship for them. He noted that there are issues of parking too close to the intersection near 20 Palm Street as well as vehicles trying to park off the pavement but being unable to do, therefore creating a ten feet or less roadway. Mr. Florence explained that General Services can place rocks in the area to keep vehicles from attempting to get off the roadway, keeping the pavement clear, and under the current ordinance no parking from here to corner signs can be posted at 20 Palm Street. He indicated that these are two solutions that can be implemented immediately.
Mayor Donovan indicated that if the problem is with parking near the intersection, why the proposal is to ban parking along the entire street. Mr. Florence responded that there are currently no restrictions on the street and explained that if vehicles are parked on both sides of the street, on certain portions of the street this would leave only four feet of roadway. He added that the Parking Committee felt that it would be easier enforcement to restrict parking on both sides of the street.
Mayor Donovan inquired as to how this is different from other narrow city streets. Mr. Florence responded that there isn’t a difference noting that in this instance a request was received on this particular street from a resident.
Mayor Donovan declared the hearing open.
Five minute public testimony
Carol Hargrove, representing her mother who resides on 31 Palm Street, noted that her mother is opposed to the no parking proposal. Ms. Hargrove relayed questions that her mother posed including; how will residents function if they are not able to park on the side of the street from time to time for resident and visitor use? How will this affect property values? Ms. Hargrove noted that she feels that prohibiting parking on the end of a dead end street where there is limited parking is too much of a hardship for most property owners.
Councilor McClure inquired whether Ms. Hargrove would be willing to work with the Parking Committee to help develop a solution that would work for her mother. Ms. Hargrove noted that she feels that there hasn’t been a parking problem in all the years that her mother has owned her home.
Councilor Swope indicated that it is her understanding that there may be more units in some of the buildings than there were in the past. Ms. Hargrove responded that the units have remained the same clarifying that there are no new units.
Councilor Lemieux inquired whether emergency vehicles and snow plows can get through when vehicles are parked on the street. Ms. Hargrove indicated that she feels that there is plenty of room when one vehicle is parked and that if there are two vehicles parked on either side, leaving no room for larger vehicles to travel then residents should notify the police of this situation.
Councilor Lemieux noted that it is his understanding that there currently is no reason to issue a parking citation questioning that if the police were notified whether they would have the ability to ticket or tow a vehicle that is legally parked. He added that he feels that the point to designate this area as no parking is so that it gives the police the authority to issue a citation. Ms. Hargrove noted that she feels that this is rather extreme to ban all parking for the end of a dead end street. She explained that her mother’s driveway is very narrow and inquired as to where visitors would park when they visit or pick up her mother.
Mayor Donovan explained that under state statute, if someone is parking in a manner that blocks the street from fire access, regardless of an ordinance, that vehicle can automatically be removed with or without a parking ban.
Sharon Wilson, 30 Palm Street, explained that in the winter she struggles to get home because the street becomes too narrow due to snow banks and vehicles parked on the side of the street. She noted that the snow plows are unable to get by so the road is not plowed or sanded where she resides. Ms. Wilson added that when vehicles are parked on both sides of the street, vehicles are unable to travel through because the street becomes too narrow. She noted that there needs to be a solution to afford her the city services that she should receive.
Jack LaMonda, 30 Palm Street, distributed a hand out showing parking problems to Council. He noted that he feels that this is an issue that needs to be looked at further noting that he is willing to work with Council to try to resolve this issue.
Councilor Black inquired as to what is felt to be the solution to Ms. Hargrove’s mother. Ms. Wilson responded that she doesn’t want her to incur any inconvenience noting that she does not know what the solution is.
Councilor Blanchard, referencing the apartment building, noted that she feels the landlord has the responsibility of restricting the tenants to the number of vehicles allowed in the parking lot of the building.
Councilor Brochu inquired whether this is a private street or an accepted street. Mr. LaMonda responded that it is an accepted street.
Mayor Donovan, referencing number eleven of the handout, inquired as to what this photo is showing. Ms. Wilson explained that it was a photo of 26-28 Palm Street, the area in which vehicles park that restricts her passage through to her residence.
Mayor Donovan inquired whether the problem is occurring principally at the end of the street from 28-30 Palm Street.
Mr. LaMonda responded that that is primarily the problem. Ms. Wilson, referencing photo number one, added that when traveling up Palm Street if vehicles are parked there while turning towards the right, vehicles must swing out to oncoming traffic to get around these vehicles.
Brian Goodman, owner of the building at 28 Palm Street, noted that there have been disputes with neighbors since purchasing the property over the last ten years. Eugene Sullivan, attorney for Mr. Goodman, noted that he has advised his client to get to the point as to what he feels causes the parking and plowing problems. He indicated that the snow plows drop the snow in front of Ms. Wilson and the D’Amante’s driveways narrowing the road in that area to approximately ten feet. Mr. Goodman noted that he feels that there has never been an issue of parking in the ten years that he has owned the building. He indicated that, prior to December 2005, fill was spread in Ms. Wilson’s backyard making a larger parking area for approximately ten vehicles. He further indicated that in the process of filling, wetlands were inadvertently filled in and noted that when he had spoken to city officials he had been advised to call the state.
Councilor Swope inquired whether the fill was on lot 30. Mr. Goodman indicated that to be correct.
John Roberge, 20 Palm Street, explained that he provided the petition not to amend the proposed ordinance. He noted that the measurements provided earlier by Mr. Florence apply to the rest of Palm Street from North State Street to the dead end. He indicated that he has spoken to Ms. Wilson and noted that she has valid points but explained that the residents on the street have limited driveway parking space that is fully utilized explaining that if the ordinance is amended, there will be no place for family members or visitors park if driveways are full. Mr. Roberge indicated that he feels this amendment would be a punitive action for the residents of Palm Street to solve a problem which he feels is a dispute between some of the residents and a landlord on the street.
Judy Roberge, 20 Palm Street, noted that when her father visits he parks in the driveway in the winter and in the summer he parks in front of the driveway or in front of the garage. She indicated that she feels that speed is more of an issue on the street explaining that there are not currently any speed limit signs posted and vehicles speed up the hill around the corner to get to the end of the street.
Councilor Coen inquired as to how residents would feel if there was parking on only one side of the street. John Roberge responded that it is being perceived that vehicles are parking on the street on a regular basis explaining that all the years that he has lived on Palm Street, vehicles are not parked on the street on a regular basis.
Three minute public testimony
Sharon Wilson explained that if she parks in front of her house, she receives a parking ticket. She indicated that she had called General Services and indicated to them that if she is receiving parking tickets on city property then she wanted the area in front of her house plowed. She clarified that is when the snow plows began making their sweep in, backing up and turning around to plow closer to her house.
Carol Hargrove clarified that her mother doesn’t have parking in her back yard explaining that the only way to utilize the back yard is to use the driveway next door. She clarified that the neighbors gave permission for the driveway use when her father was ill so that it was easier for him to get in and out of the house.
Brian Goodman noted that he feels that this is a dispute between himself and Ms. Wilson and indicated that he hopes that Council thoroughly investigate this matter so as not to affect the residents of the street.
Judy Roberge reiterated that she feels that there is not a problem with parking on the street.
Jack LaMonda noted that this is not a problem with Mr. Goodman but is a problem with his tenants and their parking habits explaining that when new tenants move in, they are unaware of the rules.
One minute public testimony
Sharon Wilson indicated that this is about emergency vehicles being able to get through and also for her being able to get home without having to sound her horn for someone to come out to move their vehicle so she can pass through.
John Roberge agreed that there is a problem at the end of the street and that the street does narrow. He noted that the prior owners of Ms. Wilson’s property never mentioned anything about parking or plowing problems. He noted that he feels that this is not a common problem.
There being no further public testimony, the Mayor declared the hearing closed.
E. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, creating a "no parking" zone on the south side of West Washington Street between Holt Street and Liberty Street; together with report from the Parking Committee. (12-13)
Action: Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
F. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, creating additional "no parking" zones in the area of Rum Hill Rd and School Streets; together with report from the Parking Committee and communication from resident Maureen Redmond-Scura. (12-14) (Communication in support of proposed ordinance from Maura Willing, 4 Rum Hill Road, received)
Action: City Manager Tom Aspell provided a brief overview.
Councilor Swope indicated that since the Parking Committee meeting she has heard from several residents at the beginning of the 150 feet on School Street where it is being extended, she indicated that residents would like that amended to be for two hours.
Mayor Donovan noted that there appears to be a lot of driveway room to park off the street.
Parking Manager Dave Florence noted that he feels at some point this area will be stretched in closer to the high school where there currently is two hour parking. He explained that a lot of residents within the area had indicated that if it is stripped 150 feet from the intersection in both directions that this is probably safer for the intersection and the two hour parking would suffice for the neighbors so that people can utilize the area adjacent Rum Hill Road and the hospital.
Mayor Donovan inquired whether this on street parking is caused by construction workers or employees at the hospital. Mr. Florence responded that it appears to be the employees at the hospital.
Mayor Donovan declared the hearing open.
Five minute public testimony
Maureen Redmond-Scura, 6 Rum Hill Road, referencing a bump out within a diagram explained that this area is between the end of the highlighted 300 foot area and her driveway. She explained that there are between two to five vehicles parked in this area every day. She noted the last time parking restrictions were implemented, the very day that the signs were installed, vehicles began parking across the street. Ms. Redmond-Scura explained that the individuals parking in the bump out area tend to be construction workers who were told by the hospital that they are not allowed to park on the hospital grounds. She added that the individuals parking around the corner are hospital employees. She noted that she feels that part of this will be resolved when both sections of the northwest bypass are completed. She indicated that it is a slope up Rum Hill Road and another slope up School Street which is a blind corner noting her fear that if there is bad weather, there will be an accident.
Councilor St. Hilaire inquired that if Council approves this ordinance is there the worry that vehicles will then park closer to her home. Ms. Redmond-Scura responded that is why she would like there to be the 150 feet no parking implemented on both sides of the street with two hour parking the next 150 feet.
Chris Fore, 176 School Street, thanked Council for enacting the parking changes that have been made so far and thanked Council for considering the item before them this evening. He noted that he is in support of loosening up the 150 feet that is proposed indicating that individuals will find ways to circumvent any changes made. He explained that employees that have been parking in the neighborhood have received letters from the hospital’s facility management services encouraging them not to park in the neighborhood noting that there is not a way that the hospital can mandate them not to park here but that they have asked them not to. Mr. Fore added that vehicles going up School Street and over the rise travel at high speeds. He noted that he is in favor of the additional 150 feet adding that he feels that the 150 feet going in both directions around the corner is not safe especially for school busses. Mr. Fore indicated that he feels that the additional 150 feet would be nice if it was two hour parking because even though the driveways are large, sometimes individuals may have gatherings in which parking is needed.
Maura Willing, 4 Rum Hill Road, noted her agreement that both sides of Rum Hill and School Street, where they intersect, should be no parking for at least the 150 feet because it is very unsafe due to the extreme turn and pitch. She noted that she feels that there is a terrible blind spot when a vehicle is driving up Rum Hill Road and taking a sharp right hand turn onto School Street and indicated that she would prefer if there was no parking on either side of School Street further than the 150 feet. She wondered if it would make sense, given the proximity to the high school to have parking consistent with that around the school, no parking from 7:00 a.m. to 3:00 p.m. rather than just the two hours beyond the 150 feet no parking on either side. She noted her concern with pedestrian safety with having vehicles parked on the side of the street.
Carol Bagan, 173 School Street, explained that a hospital worker that walks her children down to the nursery school brought her concern as to the traffic at the corner to Mr. Florence which started the process of getting the traffic off the north side of School Street and the west side of Rum Hill Road. She added that the same day the signs were installed, the vehicles shifted to the other side of the street which created more of a problem because vehicles traveling up Rum Hill Road had to go out to the middle of the road to turn onto School Street. Ms. Bagan noted that in her opinion, the real issue is public safety. She noted that many residents agree that it would be a good idea if there was no parking on either side of School Street or Rum Hill Road at least 150 feet from the corner. She noted that if the parking was extended to 300 feet, this would mean that five families with over a 1,000 feet road frontage might be able to accommodate four vehicles noting that if it was not possible to accommodate cars in their driveways and if there is no parking allowed on the streets, what would be done about service vehicles. She noted that residents prefer a two hour parking restriction for the second 150 feet so that residents can have visitors and service vehicles. Ms. Bagan noted that for fairness, ease of access and public safety the residents are in favor of 150 feet no parking on either side of Rum Hill Road and School Street and two hour parking restriction on both sides of the street for the next 150 feet.
There being no further public testimony, the Mayor declared the hearing closed.
G. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index, Community Development Director, Finance Director, Community Development Specialist, Deputy City Managers in Development and Finance, Assistant for Special Projects, Grants and Projects Specialist; together with a report from the Director of Personnel and Labor Relations. (12-10)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Donovan declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
H. Resolution appropriating the sum of $684,210 for the purpose of acquiring property for runway protection at the Concord Municipal Airport including $650,000 in grant funds from the Federal Aviation Administration and $17,105 each from the State of New Hampshire Division of Aeronautics and the City of Concord; together with a report from the Business Development Coordinator. (12-16) (Communication in opposition to the proposed resolution received from Mark Levesque, 33 North Curtisville Road)
Action: Councilor Swope moved to open public hearing items I and J with this public hearing. The motion was duly seconded and passed with no dissenting votes.
City Manager Tom Aspell provided a brief overview explaining that item H involves property acquisitions; item I is for identifying and removing obstructions from the airport; item J is for perimeter fencing. Mr. Aspell pointed out that the city match for these items is 2 ½ percent for the total project cost adding that the federal government will pay 95 percent and the state will put in 2 ½ percent.
Councilor Brochu inquired whether the properties are the houses on the streets running off of north Pembroke Road and if so is the fencing project part of this zone that will be acquired. Ken Lurvey, Business Development, responded that the two streets that are affected include Grant and Greeley Streets. Mr. Lurvey explained that the fencing would be on the back side of the airport along the bluff that falls away from the airport down to the Soucook River. He explained that some of the existing fencing needs to be repaired because of deterioration over time but most of it will be new fencing with the purpose being to keep wildlife from coming up from the river over the bluff.
Councilor Brochu inquired that if the properties are removed and left in a natural stage, what will stop the traffic from generating into the airport reserve if it is not fenced in. He further inquired whether it would be wiser to acquire more fencing at the same time for this area. Mr. Lurvey responded that a large wood barrier was already installed in this area for sound proofing and visual separation.
Councilor Blanchard, referencing the $38,000 for the preparation of the grant application, inquired whether this amount was reasonable. Mr. Aspell explained that it relates to the technical designs necessary to construct the fencing. He added that the bluffs and the drop offs will add a lot of structural elements that have to be designed and installed. Mr. Lurvey added that most of the expense is incurred is because in order to submit the FAA grant, appraisals must be completed beforehand and that the city has to have the purchase and sales in hand along with the applications along with environmental assessments of the property.
Councilor Lemieux asked for clarification as to whether purchase and sales agreements needed to be executed in place before the submittal of the application. Mr. Lurvey responded that this year it is being requested with the application. Councilor Lemieux inquired whether there is a risk that if the application is denied if the city would assume the entire cost. Mr. Lurvey responded that there will be a condition of the purchase and sale.
Mayor Donovan inquired as to the cost of the appraisals. Mr. Lurvey responded that those costs are part of the appropriation for $17,000 and other funds in the airport reserve fund. He explained that if the city does not get the grant approved, the city will have to assume the $38,000 as part of the application.
Mayor Donovan declared the hearing open.
Mayor Donovan noted for public record that Council received written testimony from Mark Levesque, 33 North Curtisville Road, in opposition of the property acquisitions because he does not feel that the airport benefits all of the city’s residents.
Councilor Brochu inquired whether the federal aviation dictated what is in a protective zone rather than the city so in order to do some of this the city needs to comply to this. Mr. Aspell indicated that to be correct. Mr. Lurvey explained that an airport master plan is updated every ten years and within the master plan that this is part of the runway protection zone and that the properties should be acquired in this particular zone.
I. Resolution appropriating the sum of $145,000 for the purpose of identifying and removing obstructions located in the protection zones at the Concord Municipal Airport including $137,750 in grant funds from the Federal Aviation Administration (FAA) and $3,625 each from the State of New Hampshire Division of Aeronautics and the City of Concord; together with report from the Associate Engineer. (12-17)
Action: The public hearing for this item taken with item H.
J. Resolution appropriating the sum of $247,370 for the purpose of designing and installing perimeter fencing at the Concord Municipal Airport including $235,000 in grant funds from the Federal Aviation Administration (FAA) and $6,185 each from the State of New Hampshire Division of Aeronautics and the City of Concord; together with a report from the Associate Engineer. (12-18)
Action: The public hearing for this item taken with item H.
K. Resolution accepting and appropriating the sum of $3,000 in unmatched funds from the Wal-Mart Foundation Safe Neighborhood Heroes Program for the Concord Fire Department’s Fire Safety Education Effort; together with report from the Fire Department. (12-19)
Action: City Manager Tom Aspell provided a brief overview.
The Mayor declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
L. Resolution appropriating the sum of $23,300 from the Rollins Trust for renovations and improvements to Bicentennial Square; together with report from Community Development. (12-20)
Action: City Manager Tom Aspell provided a brief overview explaining that these are the funds necessary to complete the project.
Councilor Blanchard inquired as to what is the Rollins Trust. Mr. Aspell explained that the Rollins Trust is a separate trust fund that the City Council controls. Finance Director Jim Howard explained that is was given to the city back in the 60’s noting that this will clean out the interest indicating that there is some principal left.
The Mayor declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
M. Resolution appropriating the sum of $100,000 and authorizing the issuance of bonds and notes for the construction of drainage improvements along West Parish Road and Carter Hill Road; together with report from the City Treasurer. (12-22)
Action: City Manager Tom Aspell provided a brief overview explaining that this needed another hearing because the posting of this item the first time did not include the issuance of bonds and notes for this purpose.
Councilor Blanchard inquired as to when this construction will begin. City Engineer Ed Roberge responded that in house design has begun and construction will begin in the spring.
The Mayor declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
N. Resolution authorizing City Administration to accept ownership title from the Capital Regional Development Council to 12.76 +/- acres of Terrill Park Drive Land and pay the outstanding property taxes plus accrued fees and interest not to exceed $2,300 from the Economic Development Reserve; together with a report from the Business Development Coordinator. (12-23)
Action: City Manager Tom Aspell provided a brief overview explaining that the city sold the property to the Concord Community Development Corporation in 1978 and since that time they have been unable to develop it. He explained that according to the City Assessor, if property isn’t under the process of actually being developed then it becomes taxable. Mr. Aspell noted that CRDC tried to develop the property but could not and offered to give it back to the city.
Councilor Blanchard inquired why the city would want the take back the land. Mr. Aspell responded that there is potential future use for the land such as snow dumping, a recreational area or development. Councilor Blanchard inquired if the city would have to pay for the taxes on the land. Mr. Aspell explained that if the property was taken for back taxes, the tax levy would then be short he further explained that what is being recommended is using the economic development reserve to pay the back taxes so the tax levy is fulfilled.
Councilor Lemieux inquired whether the property would have more value if it was purchased and owned by an abutter. Mr. Aspell indicated that to be correct. Councilor Lemieux inquired whether any attempt has been made to do so. Mr. Aspell responded that it could have been made by CRDC but not by the city because the city does not own it. Councilor Lemieux inquired whether there was any attempt made by CRDC. Mr. Aspell responded that he is not aware of any attempts.
The Mayor declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
O. Resolution authorizing the City Manager to submit a joint application in an amount up to $500,000 in Community Development Block Grant funds on behalf of the Concord Area Trust for Community Housing (CATCH) for Friedman Court, Phase II, a senior housing facility, administer the Community Development Block Grant program, and adopting both the Housing and Community Development Plan and the Displacement and Relocation Plan; together with report from the Community Development Advisory Committee. (12-47)
Action: City Manager Tom Aspell provided a brief overview explaining that the city proposes to submit a Community Development Block Grant to the New Hampshire Housing Finance Authority in the amount of $500,000 indicating that CDBG funds must directly benefit low and moderate income people and can be used for housing development, certain public facilities and economic development activities. He noted that if awarded, the city will grant the funds to the Concord Area Trust for Community Housing to construct forty five units for low income seniors.
Mayor Donovan inquired what the block grant, if awarded, would be used for. Mr. Aspell explained that the city would end up structuring a deal with CATCH very similar to other projects the city has done with them. Community Development Project Manager Matt Walsh indicated that it is his understanding that it would be used for construction costs. Chuck Lief, a consultant working with CATCH on preparing this application with the city, explained that it will specifically be used for infrastructure costs to cover water, sewer and other site work.
Councilor Brochu questioned whether this is strictly restricted to the adult community or is it open to other low income people. Mr. Aspell responded that it would only be for low income senior citizens.
Mayor Donovan noted that he hasn’t had the chance to read in detail the Housing and Community Development Plan and inquired whether anything has changed in this one from the last one adopted. Mr. Aspell indicated that it has not changed.
The Mayor declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
January 8, 2007 Public Hearing Action
Action: This item continued until the February 12, 2007 Council meeting.
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Swope moved approval. The motion was duly seconded and passed on a voice vote.
Action: Councilor Swope moved to refer this item back to the Parking Committee. The motion was duly seconded.
Councilor McClure added that she would also like to suggest that the Parking Manager follow up and consider some of the changes he can make to alleviate the problem at the end of the street without the ordinance.
Councilor Blanchard noted that after listening to public testimony, she does not feel that this is a city issue and indicated that she would vote to refer this item back to the Parking Committee.
Councilor Bennett, Parking Committee member, indicated that he does not feel that this needs to come back to the committee noting that this appears to be a neighborhood dispute issue not a parking issue.
Councilor Brochu moved to table this item indefinitely. The motion was duly seconded.
Councilor McClure indicated that she would like to give the Parking Committee the opportunity to table this item indefinitely rather than Council dealing with this issue explaining that the committee is set up to deal with parking issues and they can evaluate all the testimony for themselves.
Councilor Lemieux noted that he feels that there is a potential for a safety issue with emergency vehicles having access to the end of the street. He indicated that during the break, he had asked Deputy Fire Chief Tim McGinley if a fire truck could be sent to this area to determine what the geometrics are that may prohibit emergency vehicles access. He indicated that he will be voting against the motion to table this item in the hopes that this can be looked at from a safety perspective.
The motion to table this item indefinitely passed 9 to 5 with a show of hands vote.
Action: Councilor Swope moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Swope moved to refer this item back to the Parking Committee explaining that during the break she had spoken to City Solicitor Paul Cavanaugh who indicated that he felt that if the proposed ordinance was going to be changed that it should be referred back to the committee and posted for another public hearing. The motion was duly seconded.
Councilor Nyhan noted that he feels that there has been enough testimony this evening for Council to move forward this evening and make a logical decision as to how parking should or shouldn’t be restricted.
Mayor Donovan noted his concern that if this is referred back the Parking Committee, there will still be a problem on both sides of the street in that area for at least another two months.
Councilor Swope inquired whether there is a way to make the process shorter so that it comes back to Council for next month’s meeting.
City Solicitor Cavanaugh explained that Council can pass the ordinance before them this evening but noted that as he understands, notice has not been given for the additional 150 feet.
Mayor Donovan inquired whether what was posted was the ordinance that is currently before Council this evening. Councilor Swope indicated that to be correct. Mayor Donovan clarified that the ordinance implements a 300 feet restricted zone on each side of School Street and 150 feet on each side of Rum Hill Road. Councilor Swope indicated that to be correct adding that residents want to extend another 150 feet on Rum Hill Road.
Councilor Swope moved approval of the ordinance. She noted that the Parking Committee can propose changing the ordinance to include the additional amount as an amendment. The motion was duly seconded.
Following additional Council discussion, Councilor Brochu noted that all the residents that are affected on this item were present at the hearing this evening indicating that he feels that there will be no other residents involved that will be affected.
Mayor Donovan noted that it was his understanding that what was posted would have restricted parking 300 feet on School Street and 150 feet on Rum Hill Road and indicated that what he understood residents testifying to this evening was that they wanted that last 150 feet changed to two parking so that residents can have parking for visitors. City Solicitor Cavanaugh indicated that the two hour change can be made this evening. Mayor Donovan indicated that the segment of the street is the same it is just the parking limit that would be changed which could be done this evening. Mayor Donovan clarified that if the scope of the parking is expanded, then it would need to be reposted for a public hearing.
Councilor Bouley moved to amend the motion to change the easterly most 150 feet of the banned area on School Street to two hour parking. The motion was duly seconded and passed with no dissenting votes.
The motion to approve the ordinance, as amended, passed with no dissenting votes.
Action: Councilor Bouley noted that he supports this ordinance but indicated that he wanted to bring to Councils attention that there is a Class and Compensation Committee which is looking at the overall city structure and hoped that this committee will look at a trend. He explained that in this action before Council this evening, the Assistant for Special Projects position is being given a labor grade 15 which is two labor grades above several of the department heads within the city. He noted that he finds this troublesome that there are department heads that have responsibilities with employees directly under them who are paid significantly less than the position of Assistant for Special Projects. He indicated that it is his hope that when the committee comes back they look at the issues of what he perceives as inequities amongst some of the classifications.
Councilor Bouley moved approval. The motion was duly seconded and passed with
one dissenting vote.
Action: Councilor Swope moved approval. The motion was duly seconded.
City Manager Aspell explained that since 2001 the airport has been self supporting noting that prior to 2001, the Council gave $150,000 or more every year to support the airport. To answer the question as to why invest in the airport, Mr. Aspell explained that the National Guard is there; the Civil Air Patrol is there providing search and rescue; training for pilots both helicopter and general aviation; large businesses use this airport; provides jobs locally; the use of fractionalized jets in which several people own a portion or shares of a jet.
Mayor Donovan added that Concord is a capital city approaching a 50,000 population with a strong economy and cannot imagine a capital city of this size without an airport.
Councilor Swope pointed out that Northeast Utilities flies people to and from the airport regularly.
The motion to approve passed with no dissenting votes.
Action:
Councilor St. Hilaire moved approval. The
motion was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Rogers moved approval. The motion was duly seconded.
Mayor Donovan, on behalf of the city, thanked Wal-Mart for their donation.
The motion passed with no dissenting votes.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed with the required 2/3rd’s vote on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Brochu, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers, St. Hilaire, Stetson, and Swope voting yes.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed on a voice vote.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Donovan explained that every year Council is charged with the responsibility of doing a performance evaluation of the City Manager. He noted that this is both a charter requirement and also an obligation as outlined within the City Managers employment agreement. Mayor Donovan indicated that he would like to appoint a committee that would work to come up with a recommended evaluation process explaining that there have been several processes over the past few years. Mayor Donovan indicated that he asked Councilor St. Hilaire to chair this committee. Mayor Donovan indicated that any Councilors interested in serving on this committee with Councilor St. Hilaire should let him know.
Councilor Bennett moved to affirm Councilor St. Hilaire’s appointment as chair of the committee. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Swope moved approval of the appointment. The motion was duly seconded and passed with no dissenting votes.
51.
Mayor Donovan’s proposed appointments to the Utilities Policy/Appeals
Board.
R. Robert Werner, Jr. and Elizabeth Campbell
Action: Councilor Swope moved approval of the appointments. The motion was duly seconded and passed with no dissenting votes.
Reports
52. Fiscal Monitoring Report. (Fifteen minute presentation by the Finance Director)
Action: Finance Director Jim Howard explained that what he often does in an analysis such as this is to go back and look at the model and see how the model is doing developing some understanding of its credibility and its strengths and weaknesses. Referencing page 7 of the report, he noted that this depicts a view towards 2007 from 2003 pointing out that the first line shows is that in total expenditures in 2003 projected for 2007 was $46.7 million in the general fund and that the adopted budget for 2007 was $46 million, $712,000 more in terms of appropriations were being modeled in 2003 for fiscal 2007 than what was actually adopted which amounts to approximately 1 ½ percent noting that over four years looking forward, a number within 1 ½ percent accuracy can be projected. He noted that within the next two lines, a combination of luck and reasonable policy decisions yielded the results explaining that the miscellaneous revenues were projected to be $18 million for 2007 in 2003 and they are expected to come in at $20.3 million, 12.7 percent low on the estimate on revenues from miscellaneous purposes. He noted that on property taxes, it was estimated that this would be $3 million higher in 2007 than they actually turned out to be. He explained that a model is something that is designed to give projection of the future and if nothing is done, that future will very likely come to fruition. Mr. Howard noted that interest rates over a good portion of the time period increased significantly and this along with some policy decisions that were made to keep taxes low and increasing fees uniformly resulted in the city being able to come in lower than taxes were estimated in the model.
Looking back at the 2006 fiscal year and as far back as 1999, Mr. Howard pointed out that the general fund operating results have been declining steadily over this period of time. He noted that 2006 did take a slight upturn and indicated that at the next meeting, Council will be dealing with an allocation of general fund operating results to reserve accounts. Referencing the table on page eight, Mr. Howard explained that the to be determined amount in the right hand column is $1,250,000 and that the undesignated fund balance figure would be $4,125,000. He indicated that undesignated, unreserved fund balance as a percent of general fund appropriations has declined from 13 percent down to about 9 ½ percent once the action is approved at the next Council meeting. Referencing a graph, Mr. Howard explained that it depicts how the results of 2006 came about and pointed out that the most important bar of the three bars on the right hand side is the right most at 1.6 percent explaining that this is indicating that as a result of 2006 operations, the city ended up with only 1.6 below the level of budgeting in actual expenditures and po’s encumbered at the end of the year which compared to 2005, shows a significant reduction in unspent funds noting that budgeting has been tighter in the last few years and even more so in 2006. He noted that what he expects from what is being seen for 2007, results are going to be a lot closer to 2006.
Mr. Howard noted that for 2007, based on the analysis he did through November, revenues are on budget; appropriations will come in under budget.
Referencing a graph, Mr. Howard pointed out that it showed some of the components of some of the increases in terms of relative increase over the next few years as well. He explained that there are a lot of things that work well together in terms of the city’s cycle noting that staff will be bringing a $13 million debt issue to the market at the end of this month noting that he will be speaking to Moody’s and Standard & Poors on the phone over the next few days to try to maintain the city’s rating. He indicated that it is clear that the city is still strong, a great credit and the financial position is still strong but that there are some issues that have been identified and that the rating agencies have identified as well.
Mr. Howard noted that there is nothing in the horizon in terms of revenues that are going to perform like they have in the past in terms of the rate of growth. He noted that there are still a lot of the same pressures continuing with added concerns over the solid waste cost in 2009 and 2010 and energy is uncertain with the mideast situation.
Councilor Swope moved approval of the Fiscal Monitoring report. The motion was duly seconded.
Mayor Donovan indicated that this has been done quarterly for years and approximately five years ago, a request was made to reduce the cycle to semi-annually and inquired as to how often Mr. Howard feels that Council needs a full report. Mr. Howard explained that the format works very well and that the cycle has adjusted itself to be appropriate.
The motion to accept the report passed with no dissenting votes.
New Business
Unfinished Business
53. Report from the Community Development Project Manager concerning construction of bus shelters downtown in the vicinity of the State House Plaza and Eagle Square. (12-35) (Action on this item tabled at the December 11, 2006 meeting)
Action: This item remains tabled.
54. Report from the Director of Real Estate Assessments in response to a communication from Edward Daniels asking that City Council abate past year’s property taxes on a parcel of land he owns within the city. (12-41) (Action on this item tabled at the December 11, 2006 meeting)
Action: This item remains tabled.
Action: This item remains tabled.
Comments, Requests by Mayor, City Councilors
Mayor Donovan indicated that he received a request from a resident who is following the recent coverage on the efforts of the city to negotiate with the Tuttles inquiring as to how much money has been spent to date on legal fees, engineering fees, etc. Mayor Donovan inquired whether staff could prepare a report as to roughly how much the city has spent trying to work this out.
Councilor Bennett thanked Arpiar Saunders of Shaheen and Gordon for his help with the Advanced Recycling/Cohen Steel on Hall Street for helping to mitigate some of the issues.
Comments, Requests by the City Manager
Consideration of items pulled from the consent agenda for discussion
Items 20, 27 and 28 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Brochu noted that this property is owned by a taxpayer in a strictly residential dead end cul de sac and the property is located in a very high water table area that he feels is not feasible for the placement of utilities. Councilor Brochu indicated that the easement specifically identifies the utilities and not for public use of any kind. He noted his concern with keeping this easement through this property and using it as a public right of way for pedestrian traffic to get to the back side of a ball park.
Councilor Brochu moved to set this item for a public hearing at the February Council meeting. The motion was duly seconded and passed with a show of hand vote.
Mayor Donovan noted that the City Solicitor could review the easement or that Council could receive a copy of the easement for the February meeting.
City Manager Tom Aspell inquired as to who should be notified of the public hearing. Councilor Brochu responded that he feels that the families within the cul de sac should be notified of the hearing because they are the families that are directly affected.
Action: Councilor Blanchard thanked the Engineering Department for acting on this item promptly.
Councilor Blanchard moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard explained that she had originally pulled this item because she wanted to request a map but noted that the City Engineer had informed her that this is no longer an issue because they are going to go on the other side of the road where the city already has an easement.
Councilor Blanchard moved to table the report. The motion was duly seconded and passed with no dissenting votes.
Consideration of Suspense Items
Action: Councilor Nyhan moved to suspend the rules to take up the suspense items. The motion was duly seconded and passed with no dissenting votes.
1 Sus1 Report from the Facilities Naming Committee in response to a communication from David Murray asking that consideration be given to naming the proposed recreational bridge in Lehtinen Park the “N.H. Hero’s Recreational Crossing Bridge”; together with the committees January 2, 2007 meeting minutes.
Action: Councilor Blanchard moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
1 Sus2 Street closure request
Communication from the State of New Hampshire requesting the closure of Capitol and Park Streets in Concord on April 28, 2007 from 8:00 a.m. until 12 noon for a rally at the State House plaza to draw attention to the increased number of motorcyclists on New Hampshire roadways.
Action: Councilor Bennett moved approval of the street closure request subject to safety guidelines. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 10:51 p.m., Councilor Swope moved to adjourn the meeting and enter into non-public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining. The motion was duly seconded and passed 9-5 on a roll call vote with Councilors Bennett, Black, Blanchard, Brochu, Coen, Mayor Donovan, Councilors Lemieux, McClure and Nyhan voting yes. Councilors Bouley, Rogers, St. Hilaire, Stetson and Swope voted no.
A true copy; I attest:
Michelle Tiffany Deputy City Clerk