| August 11, 2008 Meeting Minutes |
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City Council Meeting
Minutes
August 11, 2008
Non public session in
accordance with RSA 91-A: 2, I (b) to discuss collective bargaining/labor
negotiations following the meeting.
City Council Chambers
37 Green Street
7:00 p.m.
Action: Councilor St. Hilaire moved approval of the July 14, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Consent Agenda Items –
Note: Items listed as pulled from the consent agenda will be discussed at the end of the meeting following unfinished business.
Action: Councilor Lemieux moved approval the consent agenda, as amended, with items 32 and 42 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to City Administration
Items Tabled for a September 8, 2008 Public Hearing
From the City Manager
Consent Reports
Action: This item removed for discussion at the end of the agenda.
Action: This item removed for discussion at the end of the agenda.
Consent Communications
Appointments
**End of Consent Agenda**
A. Resolution appropriating a gift from the Concord Public Library Foundation in the amount of $10,222 to support the mission of the Concord Public Library; together with report from the Library Director. (7-13)
Action: Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
B. Resolution authorizing the expenditure of $33,000 and authorizing the issuance of $33,000 in bonds and notes for the purchase of sewer fund equipment, CIP #121; together with report from General Services. (7-14)
Action: City Manager Tom Aspell asked that public hearings C, D and E be taken at the same time as this item. Council had no objection. Mr. Aspell provided a brief overview.
Mayor Bouley declared the hearings open for items B, C, D and E. There being no public testimony, the Mayor closed the hearings.
C. Resolution authorizing the expenditure of $65,000 and authorizing the issuance of $65,000 in bonds and notes for the purchase of Water Fund Equipment, CIP #121. (7-15)
Action:
Public hearing for this item taken with public
hearing item B.
D. Resolution authorizing the expenditure of $95,000 and authorizing the issuance of $95,000 in bonds and notes for the purchase of Golf Fund Equipment, CIP #121. (7-16)
Action: Public hearing for this item taken with public hearing item B.
E. Resolution authorizing the expenditure of $711,000 and authorizing the issuance of $711,000 in bonds and notes for the purchase of General Fund Equipment, CIP #121. (7-17)
Action: Public hearing for this item taken with public hearing item B.
F. Resolution authorizing the expenditure of $620,000 and authorizing the issuance of $620,000 in bonds and notes for the design and construction of the wash water system and sedimentation basin refurbishments at the Hutchins Street Water Treatment Plant, CIP #88; together with report from General Services. (7-18)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
G. Resolution authorizing the expenditure of $75,000 and authorizing the issuance of $75,000 in bonds and notes for the refurbishment of the generator set at the Contoocook River Pump Station # 5, CIP #372; together with report from General Services. (7-19)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
H. Resolution appropriating the sum of $40,000 of Concord 20/20 grant funds for the design and construction of a pilot crosswalk in downtown Concord, all part of CIP #460, Downtown Streetscape Improvements; together with a report from the City Engineer. (7-20) (Public testimony from Scott Welch submitted)
Action: City Manager Aspell provided a brief overview explaining that in October 2006 Mainstreet Concord in cooperation with Concord 20/20 completed a downtown streetscape and public signage improvement program master plan which was brought before the Council and approved. He indicated that several improvements had been recommended but one of them specifically dealt with crosswalk improvements. He explained that the site that was located for the one that would make the most sense to do was the Capitol Center for the Arts at Main Street and Theatre Street. He noted that the $40,000 figure is the number that was provided by the consultant awhile back. He explained that the City Engineer put together the proposal; he looked at accepting a gift up to that amount explaining that the City Engineer has looked at the city designing it with an estimated expense of $5,700 for the design. Mr. Aspell indicated that it is unknown as to what the cost will be for the crosswalk itself until the design is completed.
Councilor Lemieux inquired whether the Capitol Center for the Arts had requested that their site be the location for the pilot. Mr. Aspell responded that for a number of years they had looked at the safety issue of individuals coming out of the center at night onto the street. He noted that they have asked that improvements be made over time which is why he believes this site was targeted as the one that would make sense to move forward with. Councilor Lemieux inquired whether there are estimates as to how many pedestrians use this crosswalk on an average day. City Engineer Ed Roberge indicated that engineer interns had collected data for the city noting that the counts were not collected as far south as the subject intersection but that the data was collected up to Pleasant Street and northbound. He noted that the city is looking at data of just under 2,000 pedestrians daily in the corridor. He indicated that the last count averaged about 250 daily trips of pedestrians at or about the intersection of Pleasant Street and noted that if he were to interpret the data, he suggests that 75 to 95 pedestrians use the section in front of the Capitol Center for the Arts daily not including any special events that may occur there. Councilor Lemieux questioned whether this crosswalk was in the top ten or twenty busiest crosswalks in the city. Mr. Roberge responded that it is unique stressing that safety has always been an issue when leaving the center because of low visibility and not a lot of lighting in the area. He added that this area had been looked at and in a preliminary standpoint it made sense that this would be a good location for the pilot study because there is a lot of pedestrian activity during peak times and critically at night with limited sight distance issues and needing better visibility. He noted that this site rose to the top in terms of a crosswalk that would be looked at as a reasonable start to pilot a design for the downtown.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Brent Todd, Concord 20/20 Chair, indicated that 20/20’s recommendation for this evening is to accept the amount to cover the design. He noted that Council has to think hard as to what dollars they are going to spend and wrangling over very difficult decisions at this budget cycle and indicated that Concord 20/20 is faced with the same kind of circumstances and they have to decide very carefully as to what they want to expend their funds on. He suggested that the project is in accordance as to what was mentioned with the streetscape improvement plan which the Council voted to accept in December 2006. Referencing the Transportation Policy Advisory Committee, Mr. Todd indicated that Concord 20/20 feels that it would be a great opportunity to vet this project through this committee. He noted that the committee could review this entire intersection to see if they can come up with some other lower cost alternatives that will make the necessary improvements and maybe in better times be able to get a top grade version of what they would like to see there both from an aesthetic and safety standpoint.
Jennifer Kretovich, Concord 20/20 Executive Director, cited from a crosswalk report dated September 2005 which the Federal Highway Administration uses indicating that multi-lane roads with high traffic volume with a marked crosswalk by itself without other safety enhancements was associated with the greatest pedestrian danger. She noted that the reason being is that there is what is called a multiple threat crash, a type of crash that occurs when one car stops for a pedestrian in a marked crosswalk but the second car in the neighboring lane doesn’t and pedestrian does not see that vehicle. She indicated that ultimately for this specific scenario with the high volume and multi-lane roadway the recommendation from the FHA was simply put that something more substantial is needed than paint alone. She noted that part of the grant is that the Capitol Center for the Arts will commit $2,000 towards the long term maintenance of this pilot crosswalk specifically because it is something they have been asking the city for. She noted that their letter specifically indicated that they would want to be involved in the infrastructure improvements from the conception to the end result; they have a great concern for the safety of their patrons and are very thankful that they are being suggested as the pilot crosswalk.
Mr. Todd added that the Concord Housing Authority has also agreed to $2,000 for the initial period of maintenance.
Councilor Nyhan inquired as to what other projects 20/20 considered using this money for. Mr. Todd responded that one that will become of paramount importance is the elementary schools facilities project. He indicated that another may include the Merrimack County Court House. Ms. Kretovich added that 20/20 is looking at a bike pedestrian facility that individuals could ride in on their bikes, change, store their items for the day and head off to work and come back at the end of the day and ride back home. Mr. Todd added that another may include working with the village of Penacook and furthering their vision.
Roy Schweiker, Concord resident, noted that he did not like the proposed design indicating that he does not like the idea of bricks. He noted that he feels that Council should accept the dollars for the design. He indicated that he feels that bump outs may be a good idea or the consideration of pedestrian crosswalks similar to the ones located on Loudon Road. He pointed out that another issue that he does not like is the idea of a pilot program noting that if the city likes a $40,000 brick crosswalk at this intersection then they would be placed all over downtown which could be very costly.
Three Minute Public Testimony
Brent Todd thanked Mr. Schweiker for his ideas and noted that some of his doubts and ideas lead him back to the recommendation of accepting the original amount and having TPAC review and study this further for additional options that could be put forth.
Councilor Stetson inquired as to what amount of money Mr. Todd feels the resolution be revised to. Mr. Todd responded that Concord 20/20 had initially voted to appropriate $6,000 to cover the estimated cost of the design.
Councilor Lemieux inquired whether any city money was involved in this. Mr. Todd responded no.
Mayor Bouley asked whether 20/20 consider helping the city improve existing sidewalks which have been broken down which would help pedestrian safety. Mr. Todd responded yes noting that they would stand behind any recommendation that would be vetted through TPAC or other local groups that associate with pedestrian issues. He noted that the board would review anything that the city had come up with in terms of a recommendation.
There being no further public testimony, the Mayor declared the hearing closed.
I. Resolution appropriating the sum of $39,788 in Edward F. Byrne Grant Program Funds from the State of New Hampshire Department of Justice for the replacement of a Police Officer assigned to the New Hampshire Drug Task Force; together with report from the Police Department. (7-21)
Action:
Mayor Bouley declared the hearing open. There
being no public testimony, the Mayor declared the hearing closed.
J. Resolution determining the proposed project has a public benefit and approving an application by Alan B. Johns, on behalf of Washington Street Estates, LLC., for Community Revitalization Tax Relief Incentive - RSA 79-E, for redevelopment of land and buildings at 43, 45, and 47 Washington Street in Penacook; together with report from the Business Development Coordinator. (7-22) (Supplemental report from the Director of Real Estate Assessments submitted)
Action: City Manager Aspell provided a brief overview.
Councilor Black questioned as to the size of the property. Mr. Aspell responded that the property is .85 acres. Councilor Black inquired whether there is a building out back that is part of the property. Alan Johns explained that the property is 200 feet by 200 feet and the building that Councilor Black is referring to is associated with Hoyt Electric. Councilor Black pointed out that the property is eligible for the Register of Historic Places and inquired whether the Heritage Commission should look at this. He added that he had spoken to members of the commission and they had indicated that they would like photographs taken to be part of their record. Mr. Johns indicated that he did not object to any photographs. He explained that the original house was built in 1850 and noted that the Historical Society did look at this building when the original subdivision was started by Hoyt Electric and as he recalls the Historical Society had asked them to hold off for sixty days for their own investigation before the board approved it. He noted that at that time, he believes they realized the cost versus the benefit wasn’t worth it because they did not have enough funds for that particular site.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
K. Resolution appropriating the sum of up to $10,000 from the State of New Hampshire Department of Transportation for the downtown bus shelter project, CIP #284; together with a report from the Assistant for Special Projects. (7-23)
Action: City Manager Aspell provided a brief overview.
Councilor Lemieux inquired as to how much city dollars is in this project already. Assistant for Special Projects Matt Walsh indicated that the maximum that would be in this project is $42,800 for an additional appropriation that Council did back in April. Councilor Lemieux inquired as to what the original amount of the grant was. Mr. Walsh responded that the original amount of the grant was $71,200. Councilor Lemieux questioned how many people a day use this particular bus stop location. Mr. Walsh responded that he did not have an exact figure indicating that he had contacted Concord Area Transit but did not receive a response yet. He explained that when the city approached the state for funding for this project back in 1999 at that time the information indicates that roughly 34,000 people a year used both the Park Street and Eagle Square shelters.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
L. Request for payment in lieu of taxes agreements between the City of Concord and Briar Hydro Associates for the Rolfe Canal. (7-24) (Final agreement submitted by the Director of Real Estate Assessments)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor declared the hearing closed.
M. Request for payment in lieu of taxes agreements between the City of Concord and Briar Hydro Associates for Penacook Lower Falls. (7-25) (Final agreement submitted by the Director of Real Estate Assessments)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
N. Resolution appropriating the sum of $15,000 in unmatched grant funds from the New Hampshire Department of Justice Enforcing underage drinking laws grant program; together with report from the Police Department. (7Sus3)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
August 11, 2008 Public Hearing Action
Action: Councilor Nyhan 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 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action:
Councilor Lemieux moved approval. The motion
was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black,
Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten,
St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Lemieux moved approval. The motion was duly seconded.
Councilor Nyhan noted that he can not support the resolution as written indicating that he can think of many more uses for $40,000 than a crosswalk at this time. He indicated that he would like to propose that Council modify the resolution for the design component and to refer the remaining design features to TPAC. Mr. Roberge explained that the total amount that staff gave to 20/20 for the design itself was $3,840 and explained that the other total had included some construction management.
Councilor Nyhan moved to reduce the amount of the resolution to $3,840 for the purpose of the design of the crosswalk and refer the rest to the Transportation Policy Advisory Committee. The motion was duly seconded.
Councilor Black questioned why there would be a design for something that may not be done.
Councilor St. Hilaire noted his hesitation with accepting the $3,840 to design something indicating that he would like TPAC to look at this to see if there are better uses for the money.
Councilor Stetson noted his support with Councilor Nyhan’s motion.
Councilor Lemieux pointed out that this is not the city’s money and it is not up to Council to determine what is a better use for the money.
Councilor Nyhan withdrew his motion. Councilor Nyhan moved to not accept the money and refer issue of sidewalk/pedestrian safety to TPAC.
Councilor Coen noted that there is an opportunity to design a crosswalk and feels that Council should accept the dollars to design the crosswalk.
Councilor St. Hilaire seconded Councilor Nyhan’s motion.
Councilor McClure asked for clarification as to why Councilor Nyhan wishes to reject the gift and the proposal to design a new crosswalk. She indicated that the way she understands this is that 20/20 has done a study looking into different crosswalk designs and the potential to create a new crosswalk type design that may be more attractive and more effective.
Councilor Nyhan noted that he feels that if this is the best project that 20/20 has come up with to improve pedestrian safety in the city then they have outlived their usefulness explaining that he feels that there are other projects that the money can be spent on to improve safety throughout the city and not on just one crosswalk used by a limited amount of people.
Councilor St. Hilaire indicated that he appreciates the work that 20/20 does but would like this studied further explaining that 20/20 even proposed that there could be a better use for the money and are willing to have the city to look at it and come back to them with other options.
Mayor Bouley provided some photographs from a resident showing the difficulty of navigating city sidewalks. He also provided photographs of items that work very well including the tip downs that were done while doing Capital Commons. He noted that in his opinion, there are much better ways to achieve improving the quality of life for people in the city and provide pedestrian safety then designing a crosswalk in which nobody has an idea about. He indicated that he feels that the city needs action and needs to protect the citizens of the city. Referencing the photographs, he explained that they are unacceptable in the capital city noting that he thanks 20/20 for their offer but no thank you. He asked that they take those dollars and invest the downtown and invest in public/pedestrian safety.
Councilor Lemieux indicated that the photographs are pictures of improper maintenance and if they were properly maintained they would be working correctly. He noted that he feels that the project this evening was not a product of an evaluation of pedestrian safety and came about as a prototype for Concord’s Main Street downtown improvement project. He indicated that this is the beginning of designing a pedestrian crossing that can be replicated in other areas downtown and the construction costs will decrease as more are built. He noted that he feels that this project stands on its own merit, is a good project and feels that the city should accept the dollars.
Mayor Bouley commented that he feels that the study dealing with streetscapes was an excellent report and hopes that when the economy turns around and the city has a little more money it will be able to continue to make more investments that are downtown to follow this master plan and improve the streetscapes. He further commented that there are some real safety issues downtown and the city needs to maintain what it has to make the sidewalks safe.
Councilor Keach noted his agreement with Councilor Lemieux noting that he feels that Council should not be asking 20/20 to do maintenance that the city has been neglecting to do. He pointed out that one of the missions of 20/20 is to look forth and bring the city places that the Council or the city may not go otherwise because of the lack of money or other reasons.
Councilor Coen noted his agreement with Councilor Keach explaining that if this is a maintenance need downtown they should be at the least, at the minimum, temporarily fixed until it can be permanently done. He noted that he feels that Council should be addressing the issues downtown as far as pedestrian safety on the streets.
Following additional Council discussion, Stetson moved to amend the motion to reduce the appropriation amount to $3,840. The motion was duly seconded.
Mayor Bouley explained that there was still a motion from Councilor Nyhan to reject the dollars and refer this issue to the Transportation Policy Advisory Committee. He asked if Council would give the chair to make the authority to simply rule that null and void of the motion of Councilor Nyhan since the effect is a vote on the original and go to the amendment Councilor Stetson has offered. He explained that Councilor Stetson’s motion is amend the $40,000 to reduce the amount to accept to $3,840. Council noted their agreement.
Councilor Bouchard inquired whether this amendment was to study the design specifically for the brick and granite crosswalk or to look at any design for pedestrian crossing safety.
Councilor Stetson explained that it would be his intent that it would be used for the design of a pilot crosswalk.
Councilor Stetson’s motion failed 6 to 7 on a show of hands vote.
The motion to accept the original motion to accept the resolution failed 4 to 9
on a roll call vote with Councilors Werner, Coen, Lemieux and McClure voting
yes. Councilor Nyhan, Patten, St. Hilaire, Shurtleff, Stetson, Black, Bouchard,
Mayor Bouley, and Councilor Keach voted no.
Action:
Councilor Nyhan moved approval. The motion was
duly seconded and passed with no dissenting votes.
Action:
Councilor St. Hilaire moved approval. The
motion was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Councilor St. Hilaire asked for a roll call vote on this item.
Councilor Lemieux pointed out that this project will spend $114,000 to serve sixty five bus users per day including $42,800 in city funds.
Councilor Nyhan indicated that as he recalls, Council had been outlined with some figures in April and pointed out that the city has already spent approximately $25,000 on this and if the dollars are not allocated the city has to return that money to the state.
Assistant for Special Projects Matt Walsh indicated that the city has spent $34,421.60 thus far of which $20,324.32 was city money and $14,097.28 was reimbursed by the state. He explained that if the city cancels this project at this point, the city would have to refund the $14,097.28 to the state.
The motion to accept the resolution passed 8 to 5 on a roll call vote with Councilors Shurtleff, Stetson, Werner, Bouchard, Mayor Bouley, Councilors Coen, McClure and Nyhan voting yes. Councilors St. Hilaire, Black, Keach, Lemieux and Patten voted no.
Action: Councilor Nyhan 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 Stetson moved approval. The motion was duly seconded and passed with no dissenting votes.
Reports
Action:
For presentation at the
September Council meeting.
Action: City Manager Aspell provided a brief overview.
Councilor Patten explained that this had come to his attention in March by Councilor Coen that it may help in his walking. He indicated that he is not asking for personal accommodations but feels that other individuals may also be able to use a ramp when providing public testimony.
Councilor Patten moved to accept the report and purchase the handicap ramp for $772.00. The motion was duly seconded.
Councilor Nyhan pointed out that it outlines within the report that this ramp could be used elsewhere if the need arose.
Councilor Lemieux noted that he supports the concept and inquired whether anyone has checked on how steep a ten foot ramp will be to come up two steps in elevation. He suggested that this be checked out before purchasing the ramp. Mr. Aspell responded that this had been checked to ensure that it made the two percent grade.
Councilor Patten’s motion passed with no dissenting votes.
Action: City Manager Aspell provided a brief overview explaining that the report goes over all of the improvements and issues that have taken place since the garage has opened and recommends fourteen other initiatives that can be taken.
Councilor St. Hilaire moved to table item one, remove free parking on Storrs Street, for discussion at a later date. The motion was duly seconded.
Councilor Lemieux, Parking Committee member, indicated that he would like to see Council discuss item one explaining that he feels that it was the one solution presented that will cost the city nothing and gives the potential of increasing the user ship in the parking garage.
The motion to table item one passed on a voice vote.
Referencing item two, third “pay on foot” station, Mr. Aspell indicated that there are three options: do nothing; move forward with an inline station; move forward with a third “pay on foot” station.
Councilor St. Hilaire questioned the cost of the inline machine. Parking Manager Dave Florence responded that the inline pay station is just shy of $27,000 per machine.
Mayor Bouley inquired whether the inline pay stations accept credit cards. Mr. Florence responded that they can.
Councilor Lemieux pointed out that in February the Council voted against purchasing a third pay station and inquired whether reconsidering it would require a vote to suspense the rules. Mayor Bouley explained that this is a new recommendation from the Parking Committee based on the memo date August 1st and would therefore be treated as a new item.
Councilor Patten noted that he would be in favor of some kind of a station at the Storrs Street level.
Referencing the cost of allowing individuals to use credit and debit cards, Councilor Stetson inquired whether the city is set up to accept these. Mr. Florence explained that the machines are ready to accept the upgrade but currently the city does not take credit cards in any of the machines. He indicated that Manchester is seeing a thirty percent credit card usage and if Concord were to see that same thirty percent credit card use in the Capital Commons garage, the city would look at absorbing approximately $310 per month in fees or $3,700 a year. Councilor Stetson inquired as to the percentage on the dollar. Mr. Florence responded that it is twenty five cents per transaction, 2.85 percent of the transaction total. Councilor Stetson inquired what the cost would be if someone parks in the garage for an hour and used a credit card to pay. Mr. Florence responded that it would be a fifty cent fee and the city would have a net revenue of twenty four cents. Mr. Florence indicated that the average ticket in the garage in July was $1.90 and the city would see a revenue of $1.60 and thirty cents would go to the bank.
Councilor Coen noted that he is in favor of having stations on the first floor. He suggested that it is a competitive market and that there could be other financial institutions that provide a credit and debit service other than Citizens Bank. He pointed out that major cities are using credit/debit cards in their parking garage and the city needs to be consumer friendly if they want the garage used.
Councilor St. Hilaire indicated that he was a proponent of the inline pay stations because it’s cheaper and people are used to paying as they leave a parking garage. He noted that Mr. Florence had some compelling arguments as to why the city would want to go with another option and asked that he share this with Council.
Mr. Florence explained that some of the queuing being seen is happening after paying at the pay station. He pointed out that with the inline station people will be sitting in their vehicles waiting for the queuing to go by. He indicated that the garage, at the exit level, doesn’t have a lot of stacking room. He explained that he had posed the question whether the city could post the center lane as gate cards only and daily parkers to use the other lane and noted that the feeling was that once there is five cars backed up there won’t be the ability to get into two lanes and there isn’t enough queuing room going up to the second level. Mr. Florence read a response from the owner of the company at Wescor Parking: “there are quite a few of these machines in operation and work very well understanding this device will slow the exit lanes to a crawl. The unit is designed for a small parking lot with a low percentage of transient traffic and not a full size parking garage with only two exits. This could be a recipe for disaster and supports whatever the city wishes to do but this is not something that is recommended for the garage.” Mr. Florence noted that if a third pay station is placed on the first level, all the exits within one stair tower are covered except the Endicott /the Lighting Place exit in which this whole lower level is reserved for individuals with gate passes.
Councilor Stetson asked that if the pay station is placed too close to the exit wouldn’t there be people coming down to the exit being in the exit lane, getting out and using the pay station therefore blocking it more. Mr. Florence responded that what could be done is as coming into the garage, right to the left facing Hermano’s, there are three parking spaces that would be designated as short-term spaces so that if people did use this pay station on this level they would have a place to get off the lane and park. He noted that there may be the individual who will arrive at the gate, look around and not seeing another car will run over to the pay station to pay.
Based on basic behavior witnessed over the past several months, Mayor Bouley questioned whether people take their tickets with them or leave them in their vehicles. Mr. Florence responded that initially a lot of people took the tickets with them but they are now seeing more people leaving it in their car. Mayor Bouley indicated that most of the spaces on the third level are reserved for lease spaces.
Councilor Nyhan noted that he feels that the cost of a third pay station at over $83,000 plus the cost of electrical work is prohibitive. Referencing pages 8 and 9 of the report, he pointed out that it clearly indicates that the hourly parkers are nearly at the projected levels of income and have not seen a decline. He indicated that the reason that the garage is currently underperforming financially is because all of the spaces haven’t been leased as anticipated. He added that $83,000 is a lot of money to spend on a problem which seems to be correcting itself over time.
Councilor St. Hilaire inquired whether there are larger signs within the garage to indicate where the pay stations are located. Mr. Florence responded that he feels that the signage is very clear indicating that signs have been added throughout the garage.
Councilor Coen inquired as to where the $83,000 would come from. Assistant for Special Projects Matt Walsh responded that there is $40,000 available that is left over in the construction budget for the project and the rest of the money would have to be raised from the parking fund.
Councilor Nyhan indicated that the practice when closing out projects is returning dollars to the general fund for other projects. He noted that theoretically at the end of the year, the Capital Commons project could be closed and return the $40,000 into the general fund for purposes such as sidewalk improvements on Main Street. Mr. Aspell explained that when the Capital Commons project is closed out the money would be returned to the parking fund.
Councilor Keach noted that he feels that it would be irresponsible for the Council to ignore the recommendation of the vendor if an inline station is put into place.
Councilor McClure questioned whether it had been mentioned that ninety percent of the users of the garage go to Main Street. Mr. Walsh responded that staff feels that the vast majority of users would go towards South Main Street. Councilor McClure inquired whether this information was accurate. Staff indicated that they were unsure whether this information was accurate. Referencing the location of the leased spaces, Councilor McClure questioned whether Council’s discussion is premature in that Council maybe should wait until the report from the Parking Committee in response to her request about an investigation of those locations noting that this may shed a light on where the pay stations are really needed.
Councilor Lemieux noted that he feels what is missing is a balance sheet that shows Council that the city is going to gain enough revenue from this one expenditure to pay for it.
Councilor Coen explained that another comment that was brought forth to the Parking Committee was an issue of perceived safety in that people are uncomfortable being outside their vehicle when paying for their ticket.
Councilor Coen moved to appropriate the money for inline pay station on the first floor for the two exit lanes. The motion was duly seconded and failed 3 to 10 on a roll call vote with Councilor Black, Mayor Bouley and Councilor Coen voting yes. Councilors McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson, Werner, Bouchard, Keach and Lemieux voted no.
Councilor Nyhan moved to reject option two as outlined on page four of the report. The motion was duly seconded.
Councilor St. Hilaire inquired as to the cost of moving an existing machine to the first floor. Mr. Walsh responded that it was his recollection that it was approximately $15,000 and the pay station that would be moved is the one at the north stair, the closest to the Endicott Hotel. He explained that the concern was that if the pay station was moved there will be people who are put off by that because they are used to paying in that location.
Councilor St. Hilaire inquired about an e-z pass system asking staff to explain this option and how long it would take to put into place. Mr. Florence responded that it is a relatively new program for the equipment that the city has explaining that he doesn’t have a lot of information on this system. He added that there is also a license plate recognition program that is coming in which you register your license plate and would receive a bill based on using the garage. Councilor St. Hilaire inquired whether the systems would be able to be used with the existing meters on the street. Mr. Florence responded that with the existing meters he does not believe so but if the city were to replace their existing meters, there are devices that are very easy to install. Councilor St. Hilaire inquired how far away the technology is. Mr. Florence responded that the systems are being tested in a limited number of places indicating that he can get that information if Council wants.
Mayor Bouley noted that he hopes that Council votes down the motion to do nothing explaining that nothing has been done and know that the garage is not customer friendly and the goal is to make it user friendly.
Following additional Council discussion, Councilor Nyhan’s motion to reject option two as outlined on page four of the report failed 7 to 6 with a show of hands vote.
Councilor Bouchard moved to table this item until Council receives a report to move the signage and have the lease spaces on the bottom. The motion was duly seconded.
Councilor McClure indicated that she thinks it would be helpful to receive some data on what percentage of users are going to Main Street and what percentage are going to Storrs Street. Mr. Walsh responded that this could be done indicating that a person would need to be placed at the garage to count over a certain period of time.
Councilor Bouchard’s motion to table this item passed on a voice vote.
City Manager Aspell explaining that items 4 and 5 are set for a public hearing in September and provided a brief overview of item 3 and items 6 through 14.
Councilor McClure questioned whether staff had an estimate of the cost of the remaining items in terms of staff’s time. Mr. Aspell responded that this is what the parking group is mostly spending their time on. In terms of costs, he indicated that this is approximately $6,000 in total and is money already appropriated.
Referencing the e-z pass system, Councilor St. Hilaire inquired whether this is worth looking into as well when looking into the meter debit card system. Mr. Florence responded that they can. He noted that the city has one of the more successful meter debit card program that the company offers.
Councilor Coen move forward with items 3, 6, 7, 8, 9, 10, 11, 12, 13 and 14. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Referencing the construction at White Park, Mayor Bouley indicated that there is an original baseball diamond and unused regulation little league field that was used many years ago. He noted that he had been contacted by email by a resident who had suggested that because of the historic nature of the park and sentimental value that the home plate and pitcher’s mound be saved. He indicated that it may be an opportunity to donate them to some charity. He asked that if anyone has any suggestions or ideas to let him know.
Mayor Bouley noted that the National Night Out event that occurred last week was a tremendous success. He recognized Police Officer Joe Wright who worked hard to put this all together. He also thanked David Gill, the Fire Department, and the General Services Department.
Councilor Shurtleff thanked Nancy Berliner, Groundwork Concord and all the volunteers who worked hard at Keach Park. He further recognized Penacook American Legion Post 31 and Peter Dodge for organizing the Penacook clean up day that was held this past weekend. He thanked everyone who volunteered their time.
Councilor Patten thanked Council and city staff who attended the calling hours and funeral for his mother.
Councilor Werner thanked City Engineer Ed Roberge and his staff for a very well run meeting on July 29th concerning the Kensington neighborhood and the traffic problems there.
Councilor St. Hilaire noted that his neighborhood had a block party this past weekend and a crew from the Fire Department taught the children about fire prevention. He thanked the Fire Department for taking the time to this. He also thanked General Services for fixing some of the damage in his neighborhood that was caused by the rain.
Councilor Lemieux recognized and thanked General Services for grinding the high spots off of the concrete sidewalks.
Consideration of items pulled from the consent agenda for discussion
Items 32 and 42 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Mayor Bouley thanked the City Manager for answering the referral in the exact timeframe he indicated that he would. He noted that he feels that the City Manager was very clear in the response to the question that was asked of him by Mr. Watrous. He pointed out that Council has received a letter from Mr. Watrous indicating how he was disappointed in the report and that he feels that there are still ten questions remaining that have not been taken up by the City Manager. Mayor Bouley noted that it is his opinion that when looking at questions 1, 2, 3, 6, 7 and 8, he feels that these questions have been answered. Referencing questions 9 and 10, he noted that he feels that these questions have been answered within the question that was answered by the City Manager in regard to former Councilor Doris Ballard and her position at Concord TV. He noted that it leaves questions 4 and 5 and that he is putting it out to Council to publicly discuss. He explained that these are the questions Mr. Watrous has made in terms of whether former Councilor Rogers instructed the Police Department to investigate Mr. Watrous concerning a public document he submitted to the Rules Committee and if so did Councilor Rogers violate the charter. Mayor Bouley added that Council needs to think how this would be done because it would be putting the City Manager in a precarious situation.
Councilor Lemieux moved to accept the report and close the review of Concord Television. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Bouley indicated that he has been asked several questions that he is unable to answer and thought it would be appropriate for the City Solicitor to answer. He noted that he would like this report to be referred back to the City Solicitor explaining that he is looking for specific timeframes for the petition that has been put forth before the city. He noted that when a joint report is received back by the Secretary of State, Department of Revenue and Attorney General’s office, the Council is required to hold a public hearing in ten days. He questioned as to what authority the Council has during the public hearing. Referencing the dates of filing, he inquired whether the timeframe will be met for the election or if it goes beyond the timeframe, is the city required to hold a special election. He inquired as to how much a special election would cost and whether the city can wait until the next election. He explained that there are some potential cost impacts to the city if there needs to be a special election. Referencing overtime dollars, Mayor Bouley explained that the City Clerk’s office has to certify all of the petitions as well as certify of the Libertarian ballots for Ralph Nader and Bob Barr noting that there are some real constraints within the Clerk’s office.
Councilor Shurtleff inquired whether Council would need to frame the question that goes before the public or whether it is as it is presented on the petition.
Councilor Shurtleff moved to refer this item back to the City Solicitor to answer questions brought forth this evening. The motion was duly seconded and passed with no dissenting votes.
Consideration of Suspense Items
Councilor St. Hilaire moved to suspend the rules to consider items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
8 Sus1 Quarterly status of pending court cases report from the Legal Department.
Action: Councilor St. Hilaire moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
8 Sus2 Communications from Paula Cantara and Gregory and Amy Bline relating to the current municipal process for filing and resolving claims with the City of Concord.
Action: Councilor Stetson asked that this item be placed on the agenda this evening to start a discussion on how Council expects to satisfy the resident’s claims when their personal property is damaged using city streets. He indicated that he feels that the City Manager should be speaking to the city’s insurance carrier about settling claims or at least not using the letter of the law that was passed to exempt the city from liability. He noted that he feels that the City Manager needs to be authorized by Council to go to Primex to find some common ground where the city can at least satisfy the residents that the city is doing what it can for them rather than hiding behind the state statute which states each individual deficiency needs to be reported.
Mayor Bouley noted that he feels that Councilor Stetson’s idea of allowing the City Manager to have a conversation with the city’s insurance carrier and how to move forth with these types of issues seems to be worthwhile.
Councilor Stetson moved to authorize the City Manager to speak with the city’s insurance carrier regarding these types of claims. The motion was duly seconded.
Following brief Council discussion, Councilor Stetson’s motion passed on a voice vote.
Adjournment
The time being 10:15 p.m., Councilor Shurtleff moved to enter into non public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining/labor negotiations. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Black, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
The time being 10:43 p.m., Council came out of non-public session. Councilor Bouchard moved to adjourn the meeting. The motion was duly seconded and passed with no dissenting votes.
A true copy; I attest:
Michelle
Tiffany
Deputy City Clerk