City Council Meeting
Minutes
June 11, 2007
Non-public session in accordance with RSA 91-A: 2, I (b)
to discuss collective bargaining;
non-public session in accordance with RSA 91-A: 3, II (d) to discuss
contract negotiations, Langley Parkway.
City Council Chambers
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor Lemieux moved approval of the May 14, 2007 meeting minutes. The motion was duly seconded. Councilor McClure indicated that she had one edit to the minutes that she would give to the City Clerk. The motion to approve the minutes, as amended, passed with no dissenting votes.
Councilor Lemieux moved approval of the May 31, 2007 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Action: City Clerk Janice Bonenfant noted that a total of 298 ballots were cast at the Ward Five Special Election held June 5, 2007 and the results included: Robert Werner receiving a total of 225 votes; Irena Goddard receiving a total of 72 votes. She announced that Robert Werner received the highest number of votes and was elected to the vacant Ward Five City Council seat.
Councilor Bouley moved approval of the Canvass of the Votes for the Ward Five Special Election. The motion was duly seconded and passed with no dissenting votes.
Robert Werner was sworn in as the Ward Five City Councilor.
Action: Marcia Moran and Research Librarian Ginny Babczak presented Council with this year’s Concord Reads selection entitled Nickel and Dimed by Barbara Ehrenreich. Ms. Moran explained that for the last few years the Concord Library has conducted a very successful citywide reading program in which one book is chosen to be read by the community. She added that this is the first time that a non-fiction book has been chosen and noted there are ninety four copies of the selected book available at the library.
- Consent Agenda Items –
Action: Councilor Bouley moved approval of the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Police Department and the Traffic Operations Committee
10. Communication from Penacook residents requesting the city evaluate and implement improvements that remind and encourage drivers to slow down in the Millstream Lane area; together with communication from the City Engineer.
Items Tabled for a June 25, 2007 Public Hearing
11. Resolution fixing and determining the amount of money to be appropriated by the City of Concord for the fiscal year 2008 ending June 30, 2008.
12. Resolution amending the amount of money to be appropriated by the City of Concord for the fiscal year 2008 ending June 30, 2008.
13. Resolution closing and completing certain capital projects; rescinding appropriations and returning funds to their sources; and transferring, reappropriating or otherwise making remaining balances available for future purposes; together with report from the Senior Accountant/City Internal Auditor.
14. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization, by amending Schedule I of Article 1-5, Fees, Fines, and Penalties, sewer rates; together with report from General Services.
15. Resolution amending the FY2008 City of Concord budget and appropriating the sum $27,500 for New Hampshire Municipal Association dues.
16. Resolution amending the FY2008 City of Concord budget and appropriating the sum of $50,000 for Concord 2020 Grant Project.
17. Resolution amending the FY2008 City of Concord budget and appropriating the sum of $1,400 for Concord Chamber of Commerce dues.
Items Tabled for a July 9, 2007 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
35. Resolution honoring and memorializing Marjory Swope for her passionate dedication and contributions to the City of Concord.
36. Resolution designating depositories for the City of Concord, New Hampshire for the Fiscal Year 2008; together with report from the City Treasurer.
37. Resolution relative to short-term investment of excess funds.
38. Resolution accepting pre-payment of 2007 taxes in accordance with RSA 80:52-a.
39. Resolution authorizing the City Manager to submit an application to the State of New Hampshire Department of Justice for the Edward F. Byrne Grant Program funding for a police officer assigned to the New Hampshire Drug Task Force; together with report from the Police Department.
Consent Communications
Appointments
James Monahan
**End of Consent Agenda**
A. Resolution approving the acquisition of open space property westerly of Weir Road on Horse Hill, as approved by the Conservation Commission; together with report from the Conservation Commission. (5-16) (Supplemental reports from the City Planner and Director of Real Estate Assessments submitted)
Action: Christopher Morgan, Conservation Commission Chair, explained that
the Conservation Commission held a hearing on this parcel and strongly
recommends that the City Council approve the recommendation to purchase the
property. He pointed out that this property is a forty acre parcel and that the
appraised value is $60,000. Mr. Morgan noted that the area around Horse Hill
has been identified in the open space plan as a priority for protection through
acquisition and easement. He indicated that the land is forested, hilly terrain
used extensively for recreational uses. He pointed out that there were some
issues raised with the appraisal including: this parcel does not have legal
access that would allow any type of development and can only be used for open
space conservation land; a question with the discrepancy with the size of the
parcel. Mr. Morgan noted that the appraisal was done based on the deed
description indicating that both the sellers and the commission are satisfied
with this. He indicated that, following the sale, the commission may have the
City Forester do some additional research and if it is necessary to survey the
property at that time. He indicated that this is not normally something that is
worth the expense for the purchase.
Jim Owers, Conservation Commission Vice-Chair, noted that the price on the
property is $1,500 per acre and that the appraisal is based on forty acres which
is the least amount of land that is there. He pointed out that the City
Assessor believes that there may be up to fifty one acres noting that if there
is an error in the description it goes in the commission’s favor and not against
it.
City Manager Tom Aspell provided a brief overview indicating that he has gone
out to the property and feels that it makes sense for the city to acquire this
property. He added that Mr. Morgan’s correspondence has addressed the issues
that have been raised by the Assessing Department.
Mayor Donovan inquired whether the city normally gets title insurance when purchasing conservation land. Mr. Aspell responded that the city has when purchasing other pieces of property but not when purchasing conservation parcels.
Councilor Blanchard inquired as to the rationale of an appraisal when the land
is not accessible. Mr. Morgan responded that the appraisal is based upon
similar parcels and comparable sales of land without access. Councilor
Blanchard noted that it is her understanding that the Town of Boscawen is
looking at a parcel owned by the same individuals. Mr. Morgan indicated that it
is another landowner who owns property in both Concord and Boscawen and that
there is a possibility that the land in both areas may be protected. Councilor
Blanchard inquired as to whether this other land is accessible so that there is
a possibility that it may be developed. Mr. Morgan explained that there are
several parcels and believes that one of them may have road frontage.
Councilor Nyhan asked for clarification of the comments made that this land is
currently inaccessible and can only be used for conservation. Mr. Morgan
explained that the land does not have any frontage on a road. Councilor Nyhan
questioned that if the parcel is not accessible and can only be used for
conservation does it need to be acquired. Mr. Morgan responded that one
possibility is that the land next to this parcel, which does have road frontage,
could be acquired and this parcel could be developed through another parcel. He
added that as part of the protection of a large contiguous area of open space
such as Horse Hill, the commission feels that this parcel is integral.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
B. Resolution approving the acquisition of open space property south of Gully Hill Road as approved by the Conservation Commission; together with report from the Conservation Commission. (5-17) (Supplemental reports from the City Planner and Director of Real Estate Assessments submitted)
Action: Christopher Morgan,
Conservation Commission Chair, explained that this thirty eight acre parcel of
land is mostly in agricultural use on the Merrimack River and that the appraised
value of the land is $99,000. He noted that the Merrimack River and the flood
plain have been a priority for acquisition for protection either through
acquisition or easement. Mr. Morgan added that this parcel has very valuable
agricultural soils and feels that through city ownership and lease back to the
farmer, it can be continued in agriculture. He pointed out that another aspect
of this area across the river from downtown and behind the post office is the
potential, at some point in the future, for a more extensive public use of the
riverfront area.
Jim Owers, Conservation Commission Vice-Chair, noted that the price on the thirty eight acre parcel is $99,000 which is approximately $2,605 per acre. He added that the owner of the property has been approached by another buyer who is willing to pay a higher price.
City Manager Tom Aspell provided a brief overview. Referencing the Assessor’s
memo dated May 30, 2007, Mr. Aspell indicated that there is an issue of a
conservation easement that has been deeded to the State of New Hampshire that
appears on this property. He noted that after the Conservation Commission had
learned of this, they had the appraiser look at this and determined that the
value is still the same. Subsequent to this, he indicated that he and Mr.
Morgan have reviewed this and will be working on a system that provides resource
to the Conservation Commission and city staff to pick up on these issues. He
explained that in this instance, it was picked up on by the City Assessor and
turns out that there is no impact on the value.
Councilor Coen inquired as to what the impacts are due to the state easement on
this property. Mr. Aspell responded that he believes that the easement was put
in place when Exit 13 was being done and it preserved the corridor along the
river. Referencing the state easement currently in place for conservation,
Councilor Coen questioned why the city would want to purchase this property.
Mr. Owers explained that the easement is only for 4.4 acres along the river and
does not include the back land where there is farming. Mr. Aspell noted that
when the 250 foot set back for the shore land protection act that affects the
Merrimack River is taken into consideration, the property ends up essentially
being of no monetary value other than conservation purposes.
Councilor Blanchard inquired as to why the city assumes to pay the appraised
value when in fact if the property goes on the market, the owners would not
necessarily receive the total appraised value. Mr. Morgan explained that using
the appraisal is a way that it is fair to both parties, the city and the seller,
and offers an objective measure to the value of the land. Councilor Blanchard
inquired whether the city has ever offered less than the appraised value for a
property. Mr. Morgan responded that the city has offered less for other
properties explaining that he believes that owners of the parcels along the
river would not accept less than the appraised values.
Councilor Brochu inquired as to the accessibility of this property. Mr. Morgan
responded that this parcel is the furthest to south towards Manchester Street.
Referencing the wetlands that was created in this area five to six years ago,
Councilor Brochu inquired whether this is part of the acreage. Mr. Morgan
responded that there is an area of low lying poorly drained soils or a ponded
area and noted that this is part of this particular parcel adding that the value
takes this into consideration. Councilor Brochu noted that he feels that with
all the restrictions on the flood plain area, he finds it hard to believe that
the parcel has this much value for preservation.
Councilor St. Hilaire inquired that if the city were at some point in the future
able to purchase the other parcels that back up towards the post office and were
to contemplate making a public park or baseball field how would the Conservation
Commission holding the property play into this, would the commission allow the
city to do this. Mr. Morgan responded that unless there is a conservation
easement or other restriction placed on the land it could be used for any public
recreational purpose that is allowed whether it was purchased through the
conservation fund as long as it is an open space public use. Mr. Morgan added
that the existing easement would still be in place but that it duplicates the
restrictions that are in the shore land protection act.
Referencing the Conservation Commission’s April 20, 2007 report, Councilor
Lemieux pointed out that it indicates that the premises would be leased back to
the owner for a period of five years and inquired as to why it is for five
years, how much money does this generate and where does the money go. City
Manager Aspell indicated that the money would go into the conservation fund for
the management of the property. Mr. Morgan explained that it was the sellers
request that the lease be a condition and noted that he is not sure as to how
much the lease would bring in indicating that it is a per acre amount that is
standard for corn fields. Mr. Aspell noted that he has not seen the lease yet
but explained that in some cases it is $50 per acre so that it may be somewhere
in this price range. Councilor Lemieux inquired whether it is $50 per acre per
year. Mr. Aspell indicated that to be correct.
Councilor Nyhan indicated that he is interested in knowing whether or not this
manmade wetland that Councilor Brochu mentioned could be developed and taking
into consideration that there is a 250 foot setback from the river that cannot
be developed, inquired as to how much of the property could be developed and how
much land would be protected that otherwise would not be protected. Mr. Morgan
explained that the 100 foot strip along the river is twelve percent of the
property and noted that he is unsure as to the size of the wetland but that
based on the photograph it may be a fifth of the area. He reiterated that the
appraisal took into account the wetland and the land that is currently being
farmed.
Mayor Donovan declared the hearing open.
Referencing the lease, Assessor Kathy Temchak explained that state statutes
require that property owners that have leases with municipalities would also
have to pay taxes so that even though the property is in current use there still
would be taxes coming into the city.
Councilor Brochu inquired as to what portion of taxes would be coming back to
the city questioning whether it would be for the value of the property or on the
current use value. Ms. Temchak responded that taxes would be based on the
assessed value which would in this case, because the property is in current use,
be based on the current use value. She noted that currently if the property is
purchased by the city and leased to the property owner for farming, the city for
at least the next five years would not lose any tax dollars coming in from this
property.
There being no public testimony, the Mayor declared the hearing closed.
C. Public hearing on the proposed design, construction and placement of bus shelters in downtown Concord; proposed placement(s) are in the vicinity of the Park Street/North Main Street intersection, Eagle Square and the Eagle Hotel. (12-35) (1-53) (2-72) (3-67) (4-42) (5-56) (Public testimony from the Community Action Program submitted)
Action: City Manager Tom Aspell
provided a brief overview explaining that Council wanted to seek public
testimony to make a decision.
Mayor Donovan declared the hearing open.
Five Minute Public Testimony
Attorney John Malmberg, Orr and Reno, expressed his strong support for option
three of the staff report which would put the eastern waiting area in the
entrance to Eagle Square.
Councilor McClure inquired whether Attorney Malmberg would have a problem with
option one. Attorney Malmberg responded that he did not have as much a problem
with option one as with option two but noted that he feels that option three is
preferable from everyone’s perspective.
Councilor McClure inquired whether option two was not a preference because it
would obstruct the entrance into the business. Attorney Malmberg indicated that
to be correct and noted that another issue is that the entrance to the Eagle
Hotel building is a covered area that is protected and if the bus stop is placed
in this location, people will not be using the shelter they will be using the
entry way to get out of the weather.
Councilor Brochu inquired whether option three would place the shelters within
the vicinity of the paper boxes. Attorney Malmberg explained that option three
puts the area inside the entrance to Eagle Hotel parallel to the wall of the
building on the south side of the entrance way.
Councilor Bennett noted that he feels that with option three there still will be problems with people waiting in the entry way because they won’t be able to see the bus sitting in the shelter.
Councilor Coen inquired where people are currently gathering for the busses.
Attorney Malmberg responded that they are waiting in the entrance to the square
except in inclement weather.
Nan Hagen, Mainstreet Concord, explained that the Mainstreet Concord Design Committee met several times on this issue and strongly supports option three. She added that there was also a business owner meeting and they overwhelmingly supported option three also. Ms. Hagen noted that it is their strong opinion that a bus shelter on the State House Plaza is not wanted and that it should be kept as pristine as possible. She indicated that the area from Pompanoosuc Mills to Siam Orchid is already very cluttered with the paper boxes, the clock tower, and arch and that it is felt that the best place is to put it into the entrance of Eagle Square. She added that they feel strongly that the businesses located from Pompanoosuc Mills north to Siam Orchid that the store fronts need to be kept as highly visible as possible.
There being no further public testimony, the Mayor declared the hearing closed.
D. 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; restricting parking on the west side of Conant Drive, from Springfield to Winant; together with report from the Parking Manager. (5-10)
Action: City Manager Tom Aspell provided a brief overview explaining that
staff and the Parking Committee recommends this ordinance.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
E. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 31, Purchasing and Contract Procedure; Article 31-1, Purchasing Procedure; together with report from the Purchasing Agent. (5-13)
Action: City Manager Tom Aspell provided a brief overview explaining that
it is being suggested to change the limited purchase orders from $1,000 to
$2,000; authorize buyers within the city to work with the Purchasing Agent using
purchasing cards in excess of $2,000 to save time and money; increase the
threshold for competitive solicitation from $10,001 to $20,001; no longer
advertise in local newspapers because there is not a state statute requiring
this be done saving approximately $3,000 a year and based on the research the
return on these advertisements is 0.8 percent of the bids; increase the disposal
of surplus property from $100 to $500.
Councilor Blanchard inquired whether the city coordinates with the state on
anything to receive volume discounts. Mr. Aspell responded that many of the
purchases are based upon state bids.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
F. Resolution accepting and appropriating the sum of $14,541.00 in unmatched grant funds from the New Hampshire Department of Justice Enforcing Underage Drinking Laws Grant Program; together with report from the Police Department. (5-14)
Action: City Manager Tom Aspell provided a brief overview explaining that
the funds would be used for compliance checks, surveillance of retail stores,
park patrols, bicycle patrols, cops and shops, and id checks on sale
establishments for alcohol.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
G. Resolution accepting and appropriating the sum of $447.50 in grant funds from the New Hampshire Highway Safety Agency for the purchase of technical accident reconstruction equipment; together with report from the Police Department. (5-15)
Action: City Manager Tom Aspell
provided a brief overview explaining that the computer software program would be
used to assist in scene and post scene reconstruction of accidents.
Referencing the resolution, Councilor Stetson pointed out that it reads that the
funding is coming from the Police Department FY06 operating budget and inquired
whether this should read the FY07 operating budget. Mr. Aspell indicated that
he will look into this.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
H. Resolution appropriating the sum of $700,000 and authorizing the issuance of bonds and notes for the construction of CIP #84 clean and line water main on North State Street; together with a report from the Engineering Services Division. (5-18)
Action: City Manager Tom Aspell
provided a brief overview explaining that the funds will be used for North State
Street 6,000 feet of twenty inch main from Rumford Street to Dolan Street.
Mayor Donovan inquired whether this is work that is going to be necessary before
embarking on the North State Street/Fisherville Road Corridor project. Mr.
Aspell indicated that to be correct.
Councilor Lemieux, referencing the May 1, 2007 report from the Associate
Engineer, indicated that there is a recommendation to appropriate $700,000 and
under discussion it states that the final construction cost will $875,000. He
inquired as to this difference in amount. Mr. Aspell responded that estimates
have come in higher than what is available within the budget. He explained that
when the final estimates come in staff will look at what can actually be done
and come back to tell Council. Mr. Aspell explained that funds are used from
one year to the next because it is in an enterprise fund which is rolled
forward. He added that sometimes the bids come in lower and sometimes higher
but the city gets the project done and moves the funds around to make it work.
Councilor Lemieux inquired that if the bids come in higher than the estimate,
would staff have to come back to Council for an additional appropriation. Mr.
Aspell responded that, no, staff would either down size the project or not do
the project. He added that in this case, the project is going to be done so
funds would need to be found to make it work and because it is an enterprise
fund, next year’s funds would be reduced to make this up.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
I. Resolution appropriating the sum of $450,000 and authorizing the issuance of bonds and notes for CIP #85 water main construction on Manor Road; together with a report from the Engineering Services Division. (5-19)
Action: City Manager Tom Aspell
provided a brief overview explaining that the way the funds are being spent are
being flipped to take advantage of the new construction taking place in the
Manor Road area due to development. He noted that by moving this forward, the
project can be done cheaper.
Councilor Brochu inquired as to why this project is being done on Manor Road
questioning whether it is for the new construction being built and whether the
contractor is paying for any part of this Manor Road project. City Engineer Ed
Roberge responded that there is a private development project in this area but
that the piece of the Manor Road project is related to the Sewalls Falls Bridge
project in 2009 and 2010 explaining that those project elements included the
upsizing. He noted that the private development is not driving the upsizing of
the water main but it is the service district toward the bridge that is actually
driving this. Mr. Roberge explained that with the new project coming in at the
intersection of Manor and Abbott Roads new improvements will be completed there
as well as the city working on some sidewalk projects. He added that staff felt
that it was important to advance the construction to get the water main in now
to save on costs for the future.
Councilor Brochu inquired whether this will continue down Manor Road towards the
bridge for development on that land or to cross the river to get to the other
side. Mr. Roberge responded that a new water main will cross the new bridge
that is planned for 2010 and it will service some future water district areas
out there. Councilor Brochu questioned who would be paying for this part of the
new development of the water main. Mr. Roberge responded that the landowners
are paying for the infrastructure and noted that the water main is not
essentially related to the project, it is part of the water main rehab program.
Mr. Aspell added that the extension of the water main out to the new area would
be charged a water hook up fee and accessibility fee to get on.
Councilor Stetson inquired whether Manor Road had been repaved last summer. Mr.
Roberge responded that the northerly segment was and noted that the work being
described here is in the area of the Manor and Abbott Road intersection so it is
in the southerly end.
Councilor Blanchard noted that it is her understanding that this development
does not depend on this new section of water main. Mr. Roberge explained that
there are two water mains indicating that there is an existing eight inch water
main in which the water master plan eventually plans a larger water main and
that this piece is essentially constructing this larger water main for future
demand. Councilor Blanchard inquired as to how this makes a difference if it is
done ahead of time when coming to the construction of the bridge. Mr. Roberge
explained that the water main project related to the future needs of water in
this district is three fold and that this is only one piece of that. He noted
that the other two parts will remain in the Sewalls Falls Bridge program.
Councilor Blanchard questioned whether this necessitates putting the other
project off until this one would have been done. Mr. Roberge responded that
Penacook was programmed in 2007 and Manor Road was in 2008 and this was flipped
to advance the scope of work. He explained that the jobs were bid together and
that both projects will actually be completed this construction season and that
it is just a matter of timing in terms of the funding.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
J. Resolution authorizing the City Manager to accept a set of bleachers donated from the City of Taunton, Massachusetts and appropriate $27,000 to enclose the upper bleachers currently in the arena; together with report from General Services. (5-20)
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.
K. Resolution authorizing the City Manager to accept the sum of $9,320 from the United States Department of Homeland Security, Emergency Management Performance Grant and to appropriate said funds for the use of the City’s Emergency Management Operation Center Maintenance Project; together with report from the Fire Department. (5-21) (Revised resolution submitted)
Action: Councilor McClure moved to
substitute the resolution with the revised resolution submitted. The motion was
duly seconded and passed with no dissenting votes.
City Manager Tom Aspell provided a brief overview explaining that this is
intended in working towards the national preparedness goal of achieving and
sustaining risk-based target levels for the city. He added that there is a
fifty percent match which will be found within the Fire Department budget.
Mayor Donovan declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
L. Resolution authorizing the City Manager to accept a storm shelter at Beaver Meadow Golf Course donated from Havenwood Heritage Heights and Cobb Hill Construction; together with report from General Services. (5-Sus4)
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.
June 11, 2007 Public Hearing Action
Action: Councilor Rogers moved
approval. The motion was duly seconded.
Councilor Blanchard inquired as to how the city is looking at acquiring
conservation land in view of the fact that Council cut the land use transfer tax
in half for this purpose. Mayor Donovan responded that there is $1 million in
the conservation fund. Mr. Aspell noted that it is unknown as to what the cut
means at this time and will give Council an update later in the future.
Councilor Coen inquired as to the approximate amount currently in the fund. Mr.
Aspell responded that there is approximately $1 million. Councilor Coen
inquired whether this is set aside to purchase conservation land. Mr. Aspell
indicated that there is $1 million on the conservation fund and $3.2 million
left of the $5 million bond. Councilor Coen inquired how much has been spent on
conservation land within the last three to four years. Mr. Aspell responded
that approximately $6 million, most of this from leveraged dollars from the
federal government. Councilor Coen questioned the amount on the city’s part.
Mr. Aspell responded that that amount is approximately $2 million.
Mayor Donovan noted that the $2 million ended up preserving approximately 1,600
acres.
The motion to adopt the resolution passed on a voice vote.
Action: Councilor Rogers moved
approval. The motion was duly seconded.Councilor Black noted that he feels that
this is prime space for development and indicated that he feels that this item
should be referred to the Economic Development Advisory Council to receive their
input.
Councilor Black moved to table this item until Council receives requested
information from the Economic Development Advisory Council. The motion was duly
seconded.
Councilor St. Hilaire inquired as to how this would affect the purchase of this
parcel if action is delayed. Mr. Aspell noted that he was not sure of the
impact at this time.
Councilor Rogers urged Council to approve the acquisition this evening as
recommended by the Conservation Commission.
Councilor St. Hilaire noted that he feels that if the city were to at some point in the future purchase the additional properties near this one he foresees the city making a park in one of the best areas to do so.
Councilor Black noted his agreement with Councilor St. Hilaire and added that if
this is referred to the Economic Development Advisory Council this is one of the
items that they can discuss.
Councilor McClure pointed out that this has been discussed for many years and
that this property along the river has long been a priority for conservation and
has been in the master plan as conservation land. She added that this property
coincides with the Heritage Trail that travels along the river and has long been
foreseen as conservation land.
Councilor St. Hilaire questioned the purpose of referring this item to the
Economic Development Advisory Council.
Councilor Black indicated that his purpose for recommending that this be referred to the Economic Development Advisory Council is that they would look at the property’s developmental potential.
The motion to table this item failed 8 to 7 on a roll call vote with Councilors
Bennett, Black, Blanchard, Brochu, Coen, Rowe and Stetson voting yes.
Councilors Bouley, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rogers,
St. Hilaire and Werner voted no.
The motion to approve the resolution passed on a voice vote.
Action: Councilor McClure moved to move forward with the staff recommendation of option three. The motion was duly seconded.
Councilor Lemieux inquired whether Council had voted to authorize the funds for the project. Assistant for Special Projects Matt Walsh indicated that the funds have been authorized subject to location.
Councilor Bennett noted that he is in favor of option one explaining that if bus shelters are to be erected they should be close to each other. He noted his concerns with the patrons of the bus being able to see the buses arriving at the stop. Councilor Bennett inquired as to the status of when the trolley buses will be operating. Mr. Walsh responded that it is his understanding that they will be operating this fall.
Councilor Bennett moved to amend the motion to vote for option one instead of option three. The motion was not duly seconded.
Councilor McClure indicated that she had the same reservations that Councilor Bennett had in regards to option three before this evening but when listening to the public testimony, she gathered that the businesses are really concerned with parking and visibility of their businesses from Pompanoosuc Mills north. She noted that she feels that these concerns seem to outweigh the disadvantages of the location of the bus shelter. Mr. Walsh indicated that they were trying to balance parking with storefronts and with the need for the local transit provider. He indicated that after working on several concepts, he feels that option three was the best compromise. He added that the transit provider, Concord Area Transit, had provided a letter of support for option three.
Councilor McClure inquired whether it had been considered to place the shelter on the other side of the entrance to Eagle Square and whether or not, if the shelter was placed on the other side, would the patrons of the bus be able to see the bus approaching. Mr. Walsh responded that there is a large brick and masonry planter box in that area that runs the entire length of that side of the Pompanoosuc building and precludes the city from placing anything in this area.
The motion to approve the report and the staff recommendation of option three passed on a voice vote.
Action: Councilor Nyhan moved
approval. The motion was duly seconded.
Councilor Nyhan indicated that this area is a very heavily congested area and
that there is currently quite a bit of parking along this road with all the
activities taking place at the ball fields and sees this as a significant
improvement for public safety.
The motion to approve passed with no dissenting votes.
Action: Councilor Rogers moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Rogers moved
approval. The motion was duly seconded. Referencing the more recent stringent
laws, Councilor Blanchard inquired about underage drinking parties. Major Brad
Osgood explained that there have been twenty arrests this year for this
particular law.
The motion to approve passed with no dissenting votes.
Action:
Councilor Rogers moved approval. The motion was
duly seconded and passed with no dissenting votes.
Action: Councilor Rogers moved
approval. The motion was duly seconded and passed on a roll call vote with
Councilors Bennett, Black, Blanchard, Bouley, Brochu, Coen, Mayor Donovan,
Councilors Lemieux, McClure, Nyhan, Rogers, Rowe, St. Hilaire, Stetson and
Werner voting yes.
Action: Councilor Bennett moved approval. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Brochu, 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: Councilor Rogers moved approval of the revised resolution. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouley moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Donovan indicated that
he has not made these appointments at this time.
63. City Council Compensation Committee Appointed.
Action: Mayor Donovan noted that a few Councilors had inquired about these appointments and indicated that he will leave this to Council whether they want to review the Council salaries and take any action which has to be done before September under the city charter.
Councilor Rogers moved to not appoint a Council Compensation Committee. The motion was duly seconded and passed with no dissenting votes.
64. Mayor Donovan’s
proposed appointment to Groundwork Concord.
Councilor Jan McClure
Action: Councilor Nyhan moved approval of the appointment. The motion was duly seconded and passed with no dissenting votes.
65. Mayor Donovan’s proposed reappointments to the Recreation and Parks Advisory Committee. Mary Miller and Candace White Bouchard
Action: Councilor Rogers moved approval of the appointments. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: Assistant City Manager Finance Jim Howard explained that virtually everything within this document, the findings that have been brought forth to Council, will be resolved with the implementation of the new computer system. He indicated that the computer system not only addresses the general ledger set up and accounting requirements but also the internal control requirements that are referenced in terms of cash controls, receivables, and assets.
Councilor Blanchard, referencing the last paragraph of page eight which states “in addition, the management letter recommended that we analyze aged receivables that are uncollectible and write off said balance” and inquired whether this could include old parking tickets. Mr. Howard responded that these can be looked at and explained that the parking entity has a standard set of follow up requirements for these.
Councilor Nyhan noted that ERP had been discussed in great length at the last Information Technology Advisory Committee meeting. He indicated that he wanted to publicly recognize the staff involved and the employees who have supported this with many hours of time.
Councilor McClure noted that given the complexity of running the city and the magnitude of the budget, the comments made were relatively minor and congratulated the Finance Department and Administration noting that she continues to be impressed with how well run things really are. She noted that she is curious why these current year recommendations are coming up now and not before. Mr. Howard responded that from time to time the auditors continue to go back and look at things that they have looked at in the past. He explained that with the change over in personnel and time passing, processes begin to break down and they are asked to come in to look at these for a periodic review.
Councilor Lemieux, referencing the last paragraph on page eight which refers to notifying delinquent customers of cemetery funds that were not collected and writing off the balance, inquired as to what this is about. Mr. Howard noted that this has been done indicating that this letter refers to the 2006 year. He explained that years ago, the city had a process where it would bill for annual maintenance on cemetery lots and that there were a number of those bills that remained unpaid. He indicated that since that time, the city no longer bills for this and that the requirement is that if a lot is purchased, the annual care is purchased at that point of time so that there is no follow up needed. Mr. Howard explained that there had been several outstanding bills and based upon the auditors review, they have identified that it was time to write those off. Councilor Lemieux questioned whether it is known how much was written off in this action. Mr. Howard responded that the amount was $10,000.
Councilor Rogers moved approval of the management letter. The motion was duly seconded and passed with no dissenting votes.
New Business
Mayor Donovan indicated that he would like to nominate Councilor Werner to the Impact Fee Review Committee, Information Technology Advisory Committee, Joint City/School Cooperation Committee, Parking Committee, and the Solid Waste Advisory Committee.
Councilor Rogers asked that the Ward Five Councilor nominate someone to replace himself on the Water Utilities Board.
Councilor Rogers moved to approve the appointments of the Ward Five Councilor to the committees referenced by the Mayor. The motion was duly seconded and passed with no dissenting votes.
Councilor Brochu indicated that during a recent visit to the cemetery he had noticed that many plants encompass entire gravestones. He noted that many other municipalities do not allow any plants in the cemetery and indicated that they usually have a period of time during Memorial Day and Fourth of July in which they have a week to remove any flowers placed near the gravestones. Councilor Brochu noted that he feels that this needs to be addressed and feels that there needs to be a committee to do so.
Unfinished Business
67. Report from General Services regarding the track at Memorial Field. (5-33) (Action on this item tabled at the May 14, 2007 Council meeting) (Supplemental report from the General Services Director and the City Engineer submitted)
Action: Mayor Donovan indicated that he had asked that this item be tabled at the last Council meeting so that Council was able to receive more information. He noted that he is satisfied with the additional information received from staff.
Councilor Rogers moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor Nyhan referenced the email that he had circulated to Council last week in regards to communication received from a Ward Five resident Mr. Couvillion. He noted that he wanted to acknowledge that the letter was received and that it was forwarded to Council. He asked that the City Manager respond to Mr. Couvillion’s question in writing so that he knows that Council formally acknowledged his correspondence.
Councilor Rowe noted that he received a call from a resident on the corner of Pembroke and Canterbury Roads inquiring when the lawn was going to be mowed at the house that the city purchased.
Mayor Donovan noted that the median in front of St. Peters Church also needs to be mowed.
Councilor Black noted that he has been receiving a lot of calls in regards to the Auburn Street roundabout and whether there will be another opportunity for a public hearing. City Manager Tom Aspell indicated that it is his understanding that Council took action on this item and that there will be no more public hearings held. He explained that staff will come back to Council with a report based on the final pieces.
Councilor Coen, referencing the home across from the State Prison, inquired whether a fence could be erected around it noting that it is a hazard. Councilor Coen indicated that the sidewalk on Pleasant Street near Bow Brook has been under construction for over a year and noted that he is curious as to the status of this. Mr. Aspell responded that he has been in contact with the owner of the property across from the prison and indicated that the owner is looking at trying to sell this property “as is” and explained that he has notified Code Administration that if the building is not down by June, to bring action before City Council at the July or August meeting for a hazardous building report. He noted that if Council approves, the dollars would then be appropriated to demolish the building and to place a lien upon the property. Mr. Aspell noted that he will look into whether a fence can be erected at this site.
Councilor Bennett inquired as to the status of the house on Lake Avenue that the city had taken for taxes. Mr. Aspell explained that the owners were trying to recapture the property and to pay the back taxes and penalties. Mr. Howard noted that the city cannot turn around and sell the property for three years because the owners have rights and the city is biding it’s time until the point that the city can legally do something without any recourse.
With respect to the sidewalk on Pleasant Street near Bow Brook, City Engineer Ed Roberge explained that the city applied for and received a federal highway grant for storm water mitigation program. He explained that staff is in the process of designing the Bow Brook replacement in-house with Engineering staff and is hopeful that within the next couple of weeks it will be completed. Given the proximity near the high school, Mr. Roberge explained that this couldn’t be started until after school ended noting that this will include Pleasant Street as well as upstream from that at Warren and Westbourne Street.
Councilor McClure thanked staff noting that she had counted over $100,000 in grant funds or donated value that staff delivered to taxpayers this evening.
Councilor Rogers reminded everyone that the Friends of the Dog Park is currently running, for a second year, the photogenic pet contest. She pointed out that the deadline is June 30th and that the entry fees go towards the dog park which will be opening this summer.
Councilor Nyhan asked for an update on the Hoadley improvements on the property drainage issues on West Parish Road. Mr. Roberge explained that this project is also being designed in-house. He noted that there are four storm water projects that are being designed in-house and will be packaged together including: this one, Tenney Street, and the two Bow Brook culvert projects with summer or fall construction.
Adjournment
The time being 8:40 p.m., Councilor moved to adjourn the meeting and enter into non-public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining; non-public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Langley Parkway. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouley, Brochu, Coen, Mayor Donovan, Councilors Lemieux, McClure, Nyhan, Rowe, St. Hilaire, Stetson and Werner voting yes. Councilor Rogers voted no.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk