| August 25, 2008 Meeting Minutes |
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City Council Meeting
MINUTES
August 25, 2008
Non-public session in
accordance with RSA 91-A: 2, I (b)
to discuss collective bargaining strategies.
City Council Chambers
37 Green Street
7:00 p.m.
3. Councilor Nyhan moved to enter non-public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining strategies. The motion was duly seconded and passed on roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, and Stetson voting yes.
Councilor St. Hilaire moved approval of a four and a half year IAFF 3195 contract. The motion was duly seconded and passed with two dissenting votes.
Councilor Nyhan moved approval of a four year AFSCME contact. The motion was duly seconded and passed with no dissenting votes.
Action: Mayor Bouley referred to a communication from the City Clerk dated August 25th addressed to the Attorney General, the Secretary of State and the Commissioner of the NH Department of Revenue; noting that the letter was the Clerks notification to those entities that the petition recommending a limitation on budget increases for the City of Concord was deemed sufficient today.
Mayor Bouley indicated that he added this topic of discussion to this evenings agenda to inform City Council of the timeframe that would have to be adhered to in order to place this question on the November 4th Presidential Election ballot should Council choose to do so. He further indicated that a public hearing would have to be held on or before September 4, 2008 in order to include this petitioners question on the ballot.
Paul Cavanaugh, City Solicitor, addressed Council providing a detailed overview of a timetable he drafted in relation to this petition. Mr. Cavanaugh pointed out that the State agencies that received the City Clerk’s communication today have 30 days, until September 24th, to provide their comments back to the City Clerk regarding the proposed question. He indicated that there was nothing that would prevent Council from holding a public hearing on September 4th with or without comment back from the State. Mr. Cavanaugh reiterated that if Council wished to hold a public hearing on this item that would allow the question to ultimately be placed on the November 4th ballot; the public hearing would have to be held on or before September 4th. He further clarified that Council action tonight moving to set this item for a public hearing on September 4th would allow the Clerk sufficient time to post the public hearing 7 days prior to being held.
Councilor McClure asked for clarification as to what the three state agencies would be reviewing. Mr. Cavanaugh indicated they would be reviewing and commenting on the language of the proposal further stating that the City Clerk was the only one that could certify the signatures.
Councilor McClure asked why City Council would move forward and hold a public hearing prior to receiving a response back from the State. Mr. Cavanaugh indicated that Council could choose to hold a public hearing prior to a response back from the state in an attempt to insure placement on the November ballot; thereby eliminating the need for a special election.
Councilor Blanchard asked for confirmation that Council could set the item down for a September 4th public hearing so that if Council so chose, the question could be placed on the November 4th ballot. Mayor Bouley explained that in order to ensure placement of the question on the November 4th ballot as well as ensure that sufficient time would exist for election equipment programming and ballot printing the public hearing must be held on or before September 4th.
Mayor Bouley further stated that if this question did not make it on the November 4th ballot he understood from the City Clerk that the cost of a special election would be approximately $20,000. City Clerk Janice Bonenfant indicated that without preparing final numbers for a special election she estimated that it would cost the City of Concord approximately $20,000 for a special election to be held after the November 4th Presidential Election.
Councilor Lemieux referring to a possible public hearing asked what action City Council would be taking following a public hearing if one were held. Mr. Cavanaugh indicated Council would only be voting “yes” or “no” as to whether or not the question would or would not be placed on the ballot.
Councilor Lemieux inquired as to whether or not City Council had final say on the placement of the question on the ballot. Solicitor Cavanaugh indicated that the State of New Hampshire had final say. Mr. Cavanaugh further stated that the State, not City Council, could amend the proposed wording.
Councilor Coen inquired as to what would happen if City Council voted to hold a public hearing and the state approved the wording, only to have Council vote not to put it on the ballot in November. Mr. Cavanaugh indicated that Council could in all likelihood not keep the question from being placed on the November ballot.
Councilor Keach asked Solicitor Cavanaugh if he agreed that the proposed wording only affects the City and not the school and the county. Mr. Cavanaugh agreed that the proposed wording only affects the City. Councilor St. Hilaire indicated that the current statute exempts the county and school from the proposed limitations.
Councilor Nyhan moved to set the proposed wording placing a limitation on budget increases within the City of Concord (as noted on information distributed to Council this evening) for a public hearing to be held on September 4, 2008.
The motion was duly seconded and passed with two dissenting votes.
Councilor Nyhan moved to suspend the rules and approve Mayor Bouley’s proposed appointments to the Solid Waste Advisory Committee; noting that the proposed appointments had been distributed to Council for final approval at the September 8th Council meeting. The motion to suspend the rules was duly seconded and passed with no dissenting votes.
Councilor Nyhan moved approval of the appointments to the Solid Waste Advisory Committee. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley noted for the record that the newly approved appointees to the Solid Waste Advisory Committee were Jeff Meyers, Mike Russell, Greg Banks, Paula Mattis, Matt Cachman and Melanie Doiron.
A true copy; I attest:
Janice Bonenfant
City Clerk