| December 8, 2008 Meeting Minutes |
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City Council Meeting
Minutes
December 8, 2008
City Council Chambers
37 Green Street
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor St. Hilaire moved approval of the November 10, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Mayor Bouley presented a resolution in recognition of the services of Battalion Chief Dave Hackett. (10-38)
7. Councilor Stetson presented a resolution in recognition of the services of Fire Lieutenant Ron Lowd. (11-33)
Mayor Bouley publicly recognized Barbara Clark who retired from the Fire Department on November 30, 2008.
8. Mayor Bouley presented a resolution proclaiming December 2008 as Capital Regional Food Program Month. (10-40)
John Greabe, Vice Chair of the Board of Trustees for the Capital Region Food Program, provided a brief overview of the Capital Region Food Program.
9. Rundlett Middle School “If I were Mayor….” essay winner/presentations.
Sixth graders: Molly Henry, Chelsea Hoadley, Cassidy Emerson and seventh graders: Sophie Chalsma, David Bamidale and Nathan LaTourette presented their essays.
Consent Agenda
Items
Note: Items
listed as pulled from the consent agenda will be discussed at the end of the
meeting following unfinished business.
Councilor Lemieux moved approval of the consent agenda with item 25 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Conservation Commission
11. Communication from Richard Uchida, on behalf of Bridgestone Builders, Inc., in support of an amendment to a conservation easement deed between the City of Concord and Bridgestone Builders, Inc.
Referral to the Planning Board
Referrals to the Assessing Department and the Tax Exemption Committee
Items Tabled for a January 12, 2009 Public Hearing
From the City Manager
Consent Reports
Action: This item removed for discussion at the end of the agenda.
Consent Resolutions
**End of Consent Agenda**
A. Resolution appropriating the sum of $230,000 for the purpose of designing and installing airfield signage and lighting and updating the storm water pollution prevention plan at the Concord Municipal Airport including $218,500 in grant funds from the Federal Aviation Administration (FAA) and five thousand seven hundred fifty dollars ($5,750) each from the State of New Hampshire Division of Aeronautics and the City of Concord, CIP #511; together with a report from the Associate Engineer. (11-9)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
B. Resolution authorizing the City Manager to submit an application for up to $500,000 Community Development Block Grant funds, administer the Community Development Block Grant program, and adopting both the Housing and Community Development Plan and the Displacement and Relocation Plan; together with a report from the Assistant for Special Projects. (11-10) (Substitute resolution submitted)
Action: Councilor St. Hilaire moved to substitute the resolution with the one previously submitted. The motion was duly seconded and passed with no dissenting votes.
City Manager Tom Aspell provided a brief overview explaining that the proposal is for authorization to apply for dollars for Second Start weatherization and energy improvements. He pointed out that Second Start is located at the former Garrison School on 17 Knight Street and the proposal is to install new energy efficient windows, lighting upgrades and HVAC improvement. He indicated that the Community Development Advisory Committee has recommended that this be the project that is submitted for the grant round that is coming up.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
C. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index; together with report from the Director of Personnel and Labor Relations. (11-11)
Action: City Manager Tom Aspell provided a brief overview.
Councilor Lemieux inquired as to when this ordinance would become effective. Norm O’Neil, Director of Personnel and Labor Relations, indicated that it would be effective upon passage.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
D. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 30, Administrative Code, Article 30-3, Boards and Commissions, Economic Development Advisory Council; together with report from Community Development. (11-12)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
December 8, 2008 Public Hearing Action
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard moved approval of the substitute resolution. The motion was duly seconded.
Councilor Stetson inquired as to who owns the properties. Matt Walsh, Assistant for Special Projects, responded that both properties are owned by Second Start, the former Garrison School at 17 Knight Street and the former West Concord Fire House at 450 North State Street.
The motion to approve the resolution passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
Action:
Councilor Lemieux moved approval. The motion
was duly seconded and passed on a voice vote with one dissent by Councilor
Stetson.
Reports
Action: Police Chief Robert Barry explained that he and fellow chiefs in the Merrimack County area have been talking about a law enforcement dispatch regionalization concept. He indicated that there are several objectives including: providing background on discussions; educating Council on the current dispatch framework; providing some current financial impacts and service levels; describing some potential opportunities; identifying limitations and drawbacks; obtaining guidance from the Council. Chief Barry provided an overview of these objectives through a PowerPoint presentation on file in the City Clerk’s Office.
Councilor Coen indicated that he can see an advantage for this through FEMA or homeland security and asked whether the chief sees a benefit to them. Chief Barry responded yes noting that regionalization is very important and would enhance the city’s ability to respond to natural disasters, criminal acts and other events of mayhem that may occur. Councilor Coen recommended that these agencies be included within this. Chief Barry explained that some of the federal agencies utilize the local responders first utilizing these infrastructures to then respond and come in later on with their own set up.
Councilor Nyhan asked whether Hooksett had provided any reason as to why they didn’t want to participate. Chief Barry responded that the sheriff had indicated at a meeting that because Hooksett is a bedroom community of Manchester they feel that they are more closely aligned to Manchester than the rest of the county and secondly, they had some issues with a similar discussion that occurred with the former sheriff approximately six years ago that were probably politically based.
Councilor Blanchard questioned whether this could have happened years ago or whether it is today’s technology that makes this feasible. Chief Barry responded that technology wise this could have happened years ago but the technology currently available is more conducive to doing this. Councilor Blanchard asked who initiated this conversation. Chief Barry indicated that he prefers not to identify the specific towns to protect them.
Councilor Black asked what the political issues were that were eluded to. Chief Barry responded that he attended a selectmen meeting last week at the town’s request and it was clear at this meeting that there were folks within this community that had no interest of providing dispatch services at the cost that they have been incurring over the years. He added that there was another side in that community that enjoyed the service and felt the service to their town was very important and felt that the benefit of dispatching for the other towns were worth the cost to their own post-town for providing the services.
Councilor Patten indicated that he is concerned with what happens to the smaller towns who don’t have the funds inquiring whether they are interested in coming into something like this and how the sheriff feels about this. Chief Barry responded that they are customers at this point. He indicated that they are going to provide a briefing at the next county/police chiefs meeting Wednesday morning on this proposal. He noted that the sheriff has been engaged with the discussions right from the start and is at the point of looking for guidance from the county. Councilor Patten questioned whether they are looking to Concord to take this whole issue on and have it manned at the Concord Police Department. Chief Barry responded that this is a question that hasn’t been answered yet noting that he does not feel that anyone is looking to the city for this.
Councilor Keach noted that he feels that the regionalization idea is one that seems to make a lot of sense both economically and the delivery of services. Councilor Keach questioned how it is decided what to charge a particular community. Chief Barry responded that some of the communities have a formula based system where they charge per call basis and some have a set fee basis. He added that the county has a tiered system where the towns pay “x” amount of money plus a per call basis. Councilor Keach noted that it appears that this is not envisioned to be a revenue stream for any agency that hosted the dispatch center but would be a “wash”. Chief Barry indicated that it would be better than a “wash”. He added that if there weren’t economic benefits potentially out there to see if they were real or not, he wouldn’t be here this evening having this discussion.
Referencing the second to last slide in the presentation, Councilor Lemieux pointed out that it indicates that there are benefits to the community both fiscally and operationally. Noting that fiscal benefits have just been discussed, he asked what the operational benefits included. Chief Barry explained that there had been a few occasions in the last year in which there were situations at the police station where they lost the ability to dispatch, all power related. He pointed out that they have a back-up set up at the county dispatch in which they physically send one of the dispatchers over to the county. He indicated that the county may be looking at moving from Court Street to the old nursing home facility in which there would be a twenty minute down time that may occur. He noted that he feels that there may be an opportunity, if nothing else happens as far as Concord is concerned, to work much closely together at their new facility to provide the city with a much better back up type situation. Chief Barry added that the city has one primary frequency with all the officers throughout the city and a secondary frequency that is localized and only measured within a few hundred yards from officer to officer. He pointed out that if there is a major event going on and the primary frequency is being used, the secondary frequency is lacking to provide the department with another capability to continue operations outside the primary frequency. He noted that if the city could get into some regional format without obtaining any new radio frequencies, the department would enhance the number of radio frequencies at the city’s disposal.
Councilor St. Hilaire asked if it was fair to say that no one facility could accommodate dispatching for all the agencies listed. Chief Barry indicated that to be correct. Councilor St. Hilaire asked if it was fair to say that a new facility would have to be developed if all these regions were to come in. Chief Barry responded that it would either have to be a new or greatly renovated current facility. Councilor St. Hilaire indicated that some of the facilities have more equipment and some have old equipment. He asked whether the new equipment could be incorporated. Chief Barry responded that he feels that most have similar type equipment which is mostly computer based and does not feel that it is a great leap to get everybody compatible with the same type of system. He added that it would also include how to integrate these other types of frequencies into the dispatch consoles/centers. Councilor St. Hilaire asked whether the chief could get a cost benefit now if he were to meet again with the other chiefs and parties involved to find out what the potential cost would be for the new facility and to incorporate the new frequencies without actually getting the technical expertise to do so. He further asked whether the technical expertise would be needed to get this information. Chief Barry explained that he feels that the biggest costs would be some of the technical issues and the facility issues. He noted that these are the types of questions which would be a struggle to get the answers to without bringing in expertise. Councilor St. Hilaire inquired whether other governmental entities have bought into this yet. Chief Barry indicated that the Town of Bow endorsed what is being presented to Council this evening. He added that he was unsure as to what the status is at the county or the other communities.
City Manager Tom Aspell indicated that they are looking at improving services and reducing tax impacts to residents. He added that the city has been very successful with the fire dispatch and pointed out that the city’s dispatch costs are really one-third of what is seen because the other two-thirds are paid for by the other members of the compact. He indicated that there are other parts of the country that are doing this and receiving federal grant dollars and state grant dollars to help build the facilities and implement them. He explained that what he and the chief sees happening is that many of the communities surrounding Concord are going to, because of growth, out strip their ability to provide good services to their police forces. He indicated that there will be a lot of technical issues involved and will take some time.
Councilor Blanchard indicated that she received a notification that there was a county meeting to discuss this issue next week.
Councilor Shurtleff complimented Chief Barry and Sheriff Hilliard for the work they are doing noting that this is a concept that is long overdue for county law enforcement. He moved that Council encourage the Chief to continue his dialogue with the other communities. The motion was duly seconded.
Mayor Bouley also complimented Chief Barry and encouraged him to move forward with the technical research.
Councilor Shurtleff’s motion passed with no dissenting votes.
Action: Jim Howard, Deputy City Manager-Finance, noted that he feels that this is a very important matter for the city as well as an important matter for the nation as a whole because it deals with the subject of fiscal stimulus. He indicated that there is presently a lot of discussion about fiscal stimulus at the national level and relatively recently it has taken a turn towards longer term stimulus to be directed towards the state and local level for a number of reasons. Mr. Howard indicated that what he is proposing is that Council adopt the resolution and assist ourselves and the nation as it attempts to rebound from this economic decline and request that our state, our state elected officials and our representatives in the US Congress, the President, and the Vice President, the President Elect be made aware what it is that local governments can do to assist themselves, their citizens and the country in this endeavor.
Mr. Aspell noted that looking at this from the standpoint of “why would the federal government want to bail out companies that have failed and has not had the leadership to improve themselves when the city has”, noting that the city can take those dollars and make something happen for the local economy and the city has shown good management skills and shown that the city can get projects done on budget and on time. He added that he feels that those dollars would be best spent locally and can actually make things happen to stimulate the economy immediately.
Councilor Blanchard inquired whether other municipalities are doing the same thing. Mr. Howard responded that he hopes so explaining that this is a resolution timed to parallel the efforts underway in Congress.
Mayor Bouley thanked Mr. Howard for bringing this resolution forward stating that he feels this is a worthwhile resolution. Mayor Bouley noted that he believes the best place to start to have the greatest impact in people’s lives is to start locally.
Councilor Nyhan moved approval of the resolution. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor Lemieux thanked and commended the Mayor, City Manager and City Clerk for managing the agenda and keeping the meetings shorter in 2008.
Councilor Bennett indicated that Nan Hagen, Main Street Concord, is leaving at the end of the month and wanted to thank her personally and on behalf of the Parking Committee for the job she did in assisting them with overnight parking.
Referencing item 30, Councilor Blanchard indicated that she did not take this off the consent agenda but based on what she has been hearing from people asked whether it would be a good idea to have a public meeting giving people the opportunity to express their concerns about the assessments. Mayor Bouley indicated that the City Assessor already holds public educational forums. Mr. Aspell noted that he could have the City Assessor contact Councilor Blanchard. He indicated that Ms. Temchak meets with many people and holds televised public forums. He added that the assessment for the current tax bill is from April 1, 2007 through April 1, 2008. Mr. Aspell explained that the presentation to the Fiscal Policy Advisory Committee shows that the values have gone down for single family homes, mobile homes and condominiums but these numbers will not be reflected until the next set of tax bills that go out.
Councilor Nyhan indicated that the Solid Waste Advisory Committee has put together a draft recommendation for pay as you throw program in the city. He added that there will be a show on WKXL that will be aired this Friday and also upcoming programs on community television. He further added that there will be a meeting held at the West Street Ward House next Tuesday evening at 6:00 p.m. He explained that there will also be a larger meeting to be held in Council Chambers on January 5, 2009 which will be a public forum for the Solid Waste Advisory Committee to hear public input regarding a proposal for a pay as you throw program.
Councilor Keach conveyed a compliment he had received from a landlord on South State Street in regards to a fire that had broken out in the third story of a building. He noted that the landlord was impressed with the suppression and the time it took for the Fire Department.
Mayor Bouley strongly encouraged the community to give their input in terms of what they prefer is done with solid waste.
Mayor Bouley recognized Human Services Director Jackie Whatmough for organizing and getting out over a hundred Thanksgiving baskets. He also recognized the Fire Chief, Police Chief and their staff for volunteering their time to the Concord Boys and Girls Club auction. He congratulated Shira Schoenberg, Concord Monitor, on her recent nuptials.
Comments, Requests by the City Manager
City Manager Tom Aspell indicated that the city was very successful in the electronic message board sign case that has land marked cases throughout the country. He noted that Council wished to take a look at how the zoning should be changed in compliance with the new master plan. He indicated that one of the pieces he is going to ask that they look at is the city’s signage ordinance overall.
Councilor Nyhan explained that he has met with one of the local retailers who has an electronic sign and are eager to use the sign within the framework of a new ordinance. He indicated that over three years ago he had made the comment that he was opposed to electronic signs because he didn’t want Concord to look like Tokyo. He noted that he still lives by this comment explaining that the city does not need video messaging or other chaos along the roadways but over the last three years he has seen how electronic signs have been very effective and aesthetically appealing. He asked that Council encourage staff to embrace those businesses as soon as possible to get their feedback and develop something that works for all of Concord.
Councilor Keach noted his support of Councilor Nyhan’s position and feels that at the appropriate time; it’s an important discussion and one that needs to be had. He indicated that he feels that there is some balance that needs to be found between no electronic signs and looking like Tokyo.
Consideration of items pulled from the consent agenda for discussion
Item 25 was pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Nyhan explained that what is being dealt with currently is excessive speeds on Rockingham Street. He noted that he supports the petition that was submitted asking that the speed limit be reduced from 30 mph to 25 mph. He indicated that there are some parts within the report that he agrees with but the part that he disagrees with is the statement that reads “that reducing speed limits do not necessarily reduce travel speeds”. He noted that he feels that if you don’t reduce the traffic speeds, he doesn’t have any expectations that people will drive more slowly and that by reducing the speeds it does allow a greater buffer for enforcing speed limits.
Councilor Nyhan moved to accept the report with the exception of item #1, retain the 30 mph speed limit and set down for a public hearing to lower the speed limit to 25 mph. The motion was duly seconded.
Councilor McClure questioned whether Councilor Nyhan would consider incorporating the changes first to see if it makes any difference before reducing the speed limit. Councilor Nyhan responded that he prefers moving forward in lowering the speed limit because it is a no cost solution.
Mayor Bouley inquired whether reducing the speed limit by 5 mph really works. Police Chief Barry responded that he didn’t have any data to show whether it works or not. He noted that several years ago a lot of speed limits had been reduced and many of these streets were not arterial streets and it is not an area that a lot of enforcement or data collection is done. He indicated that when police officers go out to enforce the speed limit they have to use the speeding statute which states “is the speed reasonable and prudent for the actual or potential hazards that are existing at that time”. He noted that if the speed limit is 25 mph there will be times of the day when it’s ticketable and other times when it’s not ticketable when speeding. He indicated that his gut feeling is that going from 30 mph to 25 mph won’t have as much as an impact as the lane markings or intensified enforcement. Chief Barry concurred with Councilor McClure’s recommendation to consider incorporating the changes first before reducing the speed limit.
Councilor Nyhan inquired whether the lines could be painted during the winter season. City Engineer Ed Roberge responded that the lines could be painted, weather permitting.
Referencing the speed reduction on Millstream Lane, Councilor Blanchard indicated that the residents are now asking for speed tables in addition because they don’t feel the speed reduction has slowed vehicles down.
Councilor Nyhan questioned whether Councilor Blanchard feels that the 25 mph on Millstream Lane is doing some good. Councilor Blanchard responded that she personally feels that it does do some good but that the residents don’t feel that it slows vehicles down. Councilor Nyhan questioned whether she would want to increase the speed back to 30 mph. Councilor Blanchard responded that she would not.
Councilor Coen indicated that he was impressed with the Traffic Operations Committee’s recommendations and feels that it makes sense to implement the recommendations before reducing the speed limit.
Councilor Lemieux indicated that he will be voting to accept the report. He added that he doesn’t object to having a public hearing but feels that it would delay anything being done.
Following additional Council discussion, Mayor Bouley asked whether Councilor Nyhan would consider a split vote; voting first on items 2, 3, 4 and 5 and a second vote not to accept item 1 and to instead hold a public hearing in January to reduce the speed to 25 mph. Councilor Nyhan indicated that he was agreeable to this and changed his motion to reflect this. The motion was duly seconded.
The motion to adopt items 2, 3, 4 and 5 passed with no dissenting votes.
Councilor McClure moved to hold a public hearing at some point in the future so there is enough time to evaluate items 2, 3, 4 and 5. The motion was duly seconded.
Referencing item 5, the construction of the sidewalks, City Manager Aspell indicated that it was unsure as to when these may be constructed.
Mayor Bouley indicated that instead of trying to guess a future date for a public hearing if Council simply votes no this item can always be brought back to Council.
Councilor McClure withdrew her motion. The second was also withdrawn.
The motion to not accept item 1 and to instead hold a public hearing in January to reduce the speed on Rockingham Street to 25 mph failed on a show of hands vote.
Councilor McClure moved to accept item 1. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 8:57 p.m., Councilor Stetson 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