April 21, 2008 Meeting Minutes

                                                                   

City Council Recessed Meeting
Minutes
April 21, 2008
Non public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining/labor negotiations; non-public session in accordance with RSA 91-A: 3, II - to discuss the City Manager's Evaluation and non-public session in accordance with
RSA 91-A: 3, II (a) to discuss the compensation of the City Manager.
City Council Chambers
7:00 p.m.
 

  1. Mayor Bouley called the meeting to order at 7:00 p.m.
  2. Roll Call.  Councilors Bennett, Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, St. Hilaire, Shurtleff and Stetson were there.  Councilor Blanchard was late.  Councilors McClure and Werner were excused. 
  3. Mayor Bouley gave a brief meeting overview. 

Unfinished Business

  1. Report from the Deputy City Manager – Finance requesting authorization for the expenditure of $11,205 from the contingency account for the purposes of contributing to a legal action suit against the State of New Hampshire. (3-62)  (Action tabled at the March meeting pending legislative action; left on the table  at the April 14 ,2008 meeting)

Action: Councilor Nyhan moved to remove the item from the table for discussion.  The motion was duly seconded and passed. 

Councilor Nyhan moved approval of the report.  The motion was duly seconded. 

Councilor Nyhan asked for a status update on this item.

City Manager Tom Aspell provided an update on this item informing members that the bill has been approved by the House and was now with the Senate.  He further noted that the Senate had held two public hearings on the issue with additional public hearings scheduled.  Mr. Aspell further stated he was not aware of any additional news on this item.

Councilor Shurtleff noted for the record that the Senate was meeting on this issue on Wednesday at 1:00 p.m. 

Councilor Nyhan indicated that as he recalled, action on this report was tabled at the March Council meeting in the hopes that the expenditure of funds would not be needed.  He further clarified that he supported the City of Concords desire to reduce the increase in costs to the city. 

Councilor Shurtleff indicated that he was the member of City Council that originally moved to table action on this item, noting that based on the bill that was passed by the House of Representatives; he felt that the impact on Concord City Government would be negligible.  He further stated his concern that the City of Concord might move forward and spend over $11,000 in legal fees when there may be no need for a lawsuit.  Councilor Shurtleff indicated that if the Senate did something different than the House the bill would go back to the Committee of Conference further noting that if something couldn’t be worked out at that point, then the city may want to join a lawsuit.  

Mayor Bouley clarified that approval of this report would authorize the expenditure of the funds only if necessary. 

Councilor Coen noted that he would like to go ahead and vote to support this report noting that approving the report would send a signal that this is a big concern to the City of Concord. 

Councilor Lemieux asked if the Municipal Association had withdrawn its request for funding.  City Manager Aspell indicated they had not withdrawn their request. 

Councilor Stetson indicated that as a member of the retirement system he would like to take rule 6A.

Councilor Shurtleff spoke in support of letting the legislative branch try to work out the problem before the City of Concord supports moving ahead with a lawsuit. 

Councilor Blanchard noted her concern with the ethics of a State Representative voting on this matter as a member of city council. 

Councilor Bouchard noted for the record that her husband is in the state retirement fund.  She further noted that a vote was scheduled on this item in early May indicating that Council could easily wait and vote on this item at their May meeting.    

Councilor Coen reiterated his support of the report indicating that the report only authorizes expenditure of the funds if needed. 

Councilor Bennett indicated that he would be taking rule 6, further noting that the Fiscal Policy Advisory Committee unanimously supported this action.

Councilor St. Hilaire took rule 6 on this item as well noting that he contributes to the retirement system. 

There being no further Council discussion, the motion to accept the report passed on a voice vote. 

Comments, Requests by Mayor, City Councilors

Comments, Requests by the City Manager

Consideration of Suspense Items

Action:  Councilor Nyhan moved to suspend the rules and consider the suspense item not previously advertised. The motion was duly seconded and passed with no dissenting votes. 

4 Sus5     To be set for a May 12, 2008 Public Hearing
Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Article 30-3, Section 30-3-16, Economic Development Advisory Council.  (2-44L; 2-56) (3-32R; 3-50)

               Action:  City Manager Aspell provided a brief overview indicating that the ordinance before Council was amending the number of members only, changing the current ordinance from twelve members to thirteen.

               Councilor Bouchard moved to set this item for a May 12, 2008 public hearing.  The motion was duly seconded and passed with no dissenting votes. 

Adjournment

At 7:16 p.m. with no additional Council business to discuss, Councilor Nyhan moved to adjourn the meeting and enter non-public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining/labor negotiations; non-public session in accordance with RSA 91-A: 3, II - to discuss the City Manager's Evaluation and non-public session in accordance with RSA 91-A: 3, II (a) to discuss the compensation of the City Manager. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, St. Hilaire, Shurtleff and Stetson voting yes.  Councilors McClure and Werner were absent. 

A true copy; I attest:

Janice Bonenfant
City Clerk