City Council Meeting
MINUTES
July 9, 2007
Non-public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations to be held following the Council meeting. 
 City Council Chambers
7:00 p.m.

  1. Mayor Donovan called the meeting to order at 7:00 p.m.
  2. No clergy was present for the invocation.
  3. The Pledge of Allegiance was done. 
  1. Roll Call.  Councilors Bennett, Black, Blanchard, Bouley, Coen, Mayor Donovan, Councilors Lemieux, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner were present.  Councilor McClure was excused. 
  2. Approval of the June 11, 2007 meeting minutes.

Action:  Councilor Rogers moved approval.  The motion was duly seconded.  Councilor Stetson moved to amend page 16 of the minutes, the last full paragraph, correcting the error that states he voted for and against item #51.  The motion to amend was duly seconded.  The minutes as amended passed with no dissenting votes. 

  1. Councilor Stetson presented Battalion Chief Roy Fanjoy with a resolution in recognition of his services to the City of Concord.  (6-40)  After presenting the resolution Councilor Stetson returned the proclamation to the City Clerk asking that she check the promotion dates noted within the resolution, correct as needed and return the corrected resolution to Mr. Fanjoy.
  2. Councilor Bouley presented Captain Paul Sanborn with a resolution in recognition of his services to the City of Concord. (6-41)
  3. Councilor Rogers presented Lieutenant Jonathan Wiggin with a resolution in recognition of his services to the City of Concord. (6-42)

-         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:  Prior to taking action on the consent agenda Mayor Donovan announced that the Capital Commons parking garage would be opening to the public tomorrow,
July 10, 2007 at 9:00 a.m.  Mayor Donovan thanked the City Manager and his staff for all of the hard work that went in to the Capital Commons Project. 

Councilor Bouley moved approval of the consent agenda with the exception of item 32 which was pulled from consent for discussion.  The motion was duly seconded.  Councilor Blanchard moved to put item 32 back on the consent agenda; indicating she has received an answer to the question she had.  The motion was duly seconded.  There being no further discussion, the consent agenda was approved with no dissenting votes. 

Referral to the Parking Committee

  1. Communication from David Christie, Bow resident, requesting that the City of Concord consider introducing a uniform code for disabled parking signage within the city. 

Items Tabled for August 13, 2007 Public Hearings 

  1. 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.
  2. 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. 
     
  3. 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.
     
  4. 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.
     
  1. 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.
     
  1. 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.
     
  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. Resolution appropriating the sum of $665,000 and authorizing the issuance of bonds and notes for CIP #121, equipment replacement. 
     
  6. Resolution appropriating the sum of $67,000 and authorizing the issuance of bonds and notes for CIP #121, equipment replacement. 
     
  7. 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.
     
  8. 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.

From the City Manager

  1. Positive Citizen Comments.
  2. Council meeting date calendar.  

Consent Reports

  1. Monthly Appropriation Transfer Report:  June 2007.
  2. Capital Commons redevelopment project monthly report.
     
  1. Penacook Mill redevelopment project monthly report. 
     
  1. 2006 – 2007 City Council Quarterly Priorities Report.
  2. Deminimus gifts and donations report from the Director of Human Services. 
  3. Final report from the City Solicitor in response to an inquiry from Councilor Brochu at the December 2006 City Council meeting asking that something be done to reduce the number of newspaper receptacles within the city, specifically downtown.  (4-19) (Interim report went to Council in April 2007)
     
  1. Reports from the Community Development Advisory Committee and the Recreation and Park Advisory Committee in response to a communication from Patricia Kraft, asking the City of Concord to consider providing the community with a municipal senior center.   (4Sus2) (Pulled from consent by Councilor Blanchard)
     
  2. Report from the Recreation Department thanking local businesses for July 4th firework donations.
     
  3. Reports from Planning and the Conservation Commission in response to a communications from Stephen Rattee, 320 Mountain Road, expressing his concerns with the city competing with private citizens in the purchase and/or lease of land within the city as well as expressing his desire for City Council to vote in opposition to the purchase of conservation land on Loudon Road within the floodplain. (4Sus4)
     
  4. Report from the Fire Chief regarding the purchase of speed signage in partnership with the Greater Concord Safe Community Coalition. 
     
  5. Report from the Fire Chief regarding training reimbursement. 
     
  6. Report from the City Engineer recommending authorization to expend funds collected from financial guarantees or sureties for public improvements and specified purposes associated with the Ked Drive subdivision.  (Table action until August 2007 to be discussed with item #16 on this agenda)
     
  7. Report from the Human Services Guidelines recommending amended FY2008 Human Services guidelines.   

Consent Communications

  1. Street closure request from the Sierra Student Coalition for festivities to be held in Concord celebrating the end of a five day march through the State of New Hampshire promoting real global warming resolutions to be held on August 5, 2007. 
  2. Street closure request for the annual 5K Jingle Bell Run to be held Saturday, December 1, 2007 at 10:00 a.m. at the Rundlett Middle School. 
  3. Street closure request for the 26th Annual Concord Criterium bike race to be held on Saturday, August 4, 2007. 
  4. Street closure request for the US Air Force elite entertaining troupe the Tops in Blue concert to be held on Friday, August 17, 2007 in front of the State House.

**End of Consent Agenda**

  1. July 9, 2007 Public Hearings

A.     Resolution appropriating the sum of $50,000 and authorizing the issuance of bonds and notes for CIP #17 target neighborhood infrastructure improvements on Canterbury Road; together with a report from the Engineering Services Division. (6-18)

Action:  City Manager Tom Aspell provided a brief overview indicating that while street rehabilitation work is being done on Canterbury Road, staff recommends the construction of a sidewalk and widened shoulder as outlined in the report before Council.  Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed.  

B.     Resolution appropriating the sum of $800,000 and authorizing the issuance of bonds and notes for CIP #85 Water Main construction on East Street, Shaw Street, Bye Street, Hardy Lane, Sylvester Street and a valve on Hutchins Street; together with a report from Engineering Services Division. (6-19)

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.   

C.     Resolution appropriating the sum of $500,000 from the New Hampshire Community Development Finance Authority, Community Development Block Grant for infrastructure costs related to the construction of Freidman Court II, an elderly housing project by Concord Area Trust for Community Neighborhood Housing (CATCH); together with a report from the Grants and Projects Specialist. (6-20)
 

Action:  City Manager Tom Aspell provided a brief overview.  Mayor Donovan thanked staff for all of their hard work on this project.  Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed.   

D.     Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking, Article 18-3, Parking Meters; together with report from the Assistant for Special Projects and the Parking Manager. (6-21)  

Action:  City Manager Tom Aspell provided a brief overview of the ordinance before Council that would set the parking lease and hourly parking rates for the new garage, the fees for lost tickets, as well as hours of operation for the Capital Commons parking garage.  City Manager Aspell further noted that the fee structures as outlined in this ordinance are consistent with the other parking garages within the City.  Councilor Lemieux noted his concern with the lost ticket fee which appears to be 2 ½ times the cost of parking for a day in the garage.   

Councilor St. Hilaire inquired as to whether or not it was possible for someone to park in the garage for a week and only be charged for a lost ticket fee of $10.00; noting for the record that parking for several days in any parking garage for $10.00 would be a great deal.  Councilor Bennett, Parking Committee Chair indicated that as he understands it from the Parking Manager the system is set up so that anyone trying to do that would likely get caught.   

Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed. 
 

E.      Resolution appropriating the sum of $80,000 and authorizing the issuance of bonds and notes for surface coating and striping the track at Memorial Field, CIP #58; together with report from General Services. (6-22) (Revised resolution submitted)

Action: 
City Manager Tom Aspell provided a brief overview indicating that if approved the existing track would be removed, a new rubberized surface track will be installed following the repair of the cracks in the pavement prior to installing the new surface.  Mr. Aspell indicated staff hoped to finish this project prior to the fall track season beginning. 

Councilor Rogers moved to substitute the originally submitted resolution with the revised resolution distributed to Council at the meeting.  The motion was duly seconded. 

Councilor Stetson inquired as to why the Concord School District doesn’t pay anything toward the cost of improvements and/or upkeep to the track at Memorial Field.  City Manager Aspell indicated that in accordance with the current agreement between the City of Concord and the Concord School District, the City is responsible for all the maintenance of facilities.  Councilor Stetson referred to other schools that use the facility that are required to pay a fee giving Bishop Brady High School as an example.  He then referred to constituents that are paying twice for the maintenance of tracks within Concord; once through tax payments to the City of Concord for the track at Memorial Field and again through tax payments to the Merrimack Valley School District for the maintenance of the track at the Merrimack Valley High School, noting that he has heard from constituents that don’t feel that is fair and equitable.  Councilor Stetson questioned why the city/school agreement was not more fair and equitable. Councilor Stetson asked the City Manger when the current agreement was schedule to be amended.   City Manager Aspell indicated the agreement remained as written until such time as Council voted to change it.   

Councilor Bouley noted for the public record that the Joint City/School Committee on Cooperation was in the process of reviewing the agreement between the City of Concord and the Concord School District.  

Councilor Blanchard asked for clarification that the Concord School District doesn’t pay fees to use the field while all other schools, or other groups, must pay a fee. 

Councilor Bouley noted that as outlined in the current agreement the City is responsible for the upkeep of outdoor facilities, things like the track, while the school is in charge of the upkeep of indoor facilities.  Councilor Bouley referred to the Broken Ground Elementary school and the new gymnasium floor the school district is currently in the process of replacing noting that the City Recreation Department uses that gymnasium regularly for various recreation activities without having to contribute to the upkeep of the building.  Councilor Bouley also referred to the public hearing to be held in August 2007 relative to field usage fees indicating that all users have been contacted and informed about the proposed increases that will make the usage of fields fairer to all. 

There being no further discussion, Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed. 

F.      Resolution appropriating the sum of $65,000 and authorizing the issuance of bonds and notes for improvements to the Doane Diamond Baseball Facility, CIP #58; together with report from General Services.  (6-23) (Revised resolution submitted)

Action:  City Manager Tom Aspell provided a brief overview of the resolution that if approved would provide funding to make lighting improvements at Doane Baseball Field. 

Councilor Rogers moved to substitute the originally submitted resolution with the revised resolution distributed to Council at the meeting.  The motion was duly seconded. 

Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed. 

G.     Resolution authorizing the City Manager to merge Revolving Loan Funds 26 and 27 into a combined single fund, together with a report from the Assistant for Special Projects and the Grants and Projects Specialist. (6-24)

Action:  City Manager Tom Aspell provided an overview of the resolution indicating the Community Development Advisory Committee recommended the merging of these funds. 

Mayor Donovan declared the hearing open.  There being no public testimony, the Mayor declared the hearing closed. 
 

July 9, 2007 Public Hearing Action

  1. Resolution appropriating the sum of $50,000 and authorizing the issuance of bonds and notes for CIP #17 target neighborhood infrastructure improvements on Canterbury Road; together with a report from the Engineering Services Division. (6-18)

Action:  Councilor Rogers 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, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.

  1. Resolution appropriating the sum of $800,000 and authorizing the issuance of bonds and notes for CIP #85 Water Main construction on East Street, Shaw Street, Bye Street, Hardy Lane, Sylvester Street and a valve on Hutchins Street; together with a report from Engineering Services Division. (6-19)

Action:  Councilor Lemieux 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, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes.

  1. Resolution appropriating the sum of $500,000 from the New Hampshire Community Development Finance Authority, Community Development Block Grant for infrastructure costs related to the construction of Freidman Court II, an elderly housing project by Concord Area Trust for Community Neighborhood Housing (CATCH); together with a report from the Grants and Projects Specialist. (6-20)

    Action:  Councilor Rowe moved approval.  The motion was duly seconded and passed with no dissenting votes. 
     
  2. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking, Article 18-3, Parking Meters; together with report from the Assistant for Special Projects and the Parking Manager. (6-21)

Action:  Councilor Nyhan moved approval.  The motion was duly seconded.  Councilor Lemieux moved to amend the ordinance amending the lost ticket fee from the proposed $10.00 to $5.00. The motion to amend was duly seconded. The motion failed 6-7 on a raised hand vote.  There being no further discussion, Councilor Nyhan’s motion to approve the ordinance as written passed. 

  1. Resolution appropriating the sum of $80,000 and authorizing the issuance of bonds and notes for surface coating and striping the track at Memorial Field, CIP #58; together with report from General Services. (6-22)  (Revised resolution submitted)

Action:  Councilor Rogers moved approval of the substitute resolution.  The motion was duly seconded and passed 11-2 on roll call vote.  Councilors Bennett, Black, Bouley, Coen, Mayor Donovan, Councilors Lemieux, Nyhan, Rogers, Rowe, St. Hilaire and Werner voted yes.  Councilors Blanchard and Stetson voted no. 

  1. Resolution appropriating the sum of $65,000 and authorizing the issuance of bonds and notes for improvements to the Doane Diamond Baseball Facility, CIP #58; together with report from General Services.  (6-23) (Revised resolution submitted)

Action:  Councilor Rogers 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, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and Werner voting yes. 

  1. Resolution authorizing the City Manager to merge Revolving Loan Funds 26 and 27 into a combined single fund, together with a report from the Assistant for Special Projects and the Grants and Projects Specialist. (6-24)

Action:  Councilor St. Hilaire moved approval.  The motion was duly seconded and passed with no dissenting votes. 
 

Reports 

  1. Report from the City Engineer recommending construction of a sidewalk along the east side of Liberty Street from Centre Street to Franklin Street to be funded with highway reserve funds and constructed in conjunction with CIP #17, Targeted Neighborhood Improvements. 

Action:  City Manager Aspell provided an overview of the City Engineers report.  Councilor Coen inquired as to whether or not residents on the east side of Liberty Street had been contacted to provide input.  Councilor Coen indicated that this project as proposed would make parking a real issue for property owners that currently have very short driveways stating that once sidewalks were installed these residents would not be able to utilize their driveways noting that parking in their driveway after the project is complete will result in cars encroaching on the sidewalk. 

City manager Aspell indicated that prior to construction staff would be in touch with residents in the neighborhood working to accommodate residents with any issues like this. 

There being no further discussion, Councilor Rogers moved acceptance of the report and proposal as outlined on the map attached to the report.  The motion was duly seconded and passed with one dissenting vote by Councilor Coen. 

Comments, Requests by Mayor, City Councilors

Councilor Rogers indicated that residents would be able to vote online for the most photogenic pet award beginning tomorrow, July 10, 2007.  Councilor Rogers also indicated that the Dog Park at Terrill Park was now open indicating that a “Grand Opening” ceremony would be held in the near future. Councilor Rogers thanked Council as well as all those that volunteered to help and/or made donations to the park. 

Councilor Coen indicated that he would like to see true dollar amounts, not reference to percentages on tax bills, clarifying for property owners the true tax rate amounts residents pay for each the City, School, and County taxes.  City Manager Aspell indicated that the City of Concord purchased tax bill forms in bulk and could accommodate the request but will not be able to until May 2008 at which time new forms would need to be purchased.  Mayor Donovan requested that staff bring back a sample tax bill to Council so that Council could see the amendment as proposed for approval prior to printing.   

Councilor Stetson inquired as to the status of the City Manager’s annual evaluation that should have been done in April noting his concern that it has not been done.  Mayor Donovan indicated for the public record, that although Council intendeds on and will be doing an evaluation of the City Manger, the City Charter required review is not applicable until next April.     

Councilor St. Hilaire indicated that the sub-committee that had been established earlier in the year to discuss how the City Mangers review would be performed this year will be meeting soon to discuss how to proceed.  He further noted that the committee would then bring back their recommendations to Council for approval. 

Councilor Blanchard referred to a communication within the positive comments section of the agenda from Kae LaRoche, Merrimack Valley High School thanking Officer Bill Dexter for all of the work he did, as well as the difference he made, while working for the past six years at Merrimack Valley High School. 

Councilor Black requested a report from staff listing those entities within the City that 1) are non-profits that pay pilots and 2) are non-profits that don’t pay pilots.  City Manager Aspell indicated that he would have Kathy Temchack prepare a report and bring it back to Council.

Consideration of items pulled from the consent agenda for discussion

Item 32 was pulled from the consent agenda to be discussed following unfinished business items on the agenda. 

Adjournment

At 8:00 p.m. Councilor Bouley moved to recess the meeting to enter non-public session to discuss labor negotiations.  The motion was duly seconded and passed
12-1, Councilor Rogers voted no. 

At 8:10 p.m. the meeting resumed; Council moved to approve the tentative agreement with UAW.  The motion was duly seconded and passed. 

A true copy: I attest:

Janice Bonenfant
City Clerk