| FEBRUARY 11, 2008 MEETING MINUTES |
|
City Council Meeting
Minutes
February 11, 2008
Non public session in accordance with
RSA 91-A: 2, I (b) to discuss
collective bargaining/labor negotiations
City Council Chambers
37 Green Street
7:00 p.m.
3. Pledge of Allegiance.
Action: Councilor Lemieux moved approval of the January 7, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor St. Hilaire moved approval of the January 14, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor St. Hilaire moved approval of the January 22, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor Lemieux moved approval of the January 28, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Presentation of resolution in recognition of the services of Katherine Rogers. (1-31)
Action: Former Councilor Rogers was not present to receive her resolution; she requested via the City Clerk that it be sent to her.
7. Presentation of resolution in recognition of the services of F. James Rowe. (1-32)
Action: Former Councilor Rowe was not present to receive his resolution; it will be presented to him in March.
8. Mayor Bouley presented a resolution in recognition of the services of Michael Donovan.
Action: Nancy Berliner, Groundwork Concord Executive Director, indicated that FY08 programs for Groundwork Concord included: urban canopy program; green team’s youth and environmental leadership program; adopt-a-spot; trailmeisters; parks and open space planning and improvements; and the extreme block makeover. She explained that the summer Green Team program was successfully launched this year in which they did landscaping, filling culverts, building bridges, including environmental education and Green Team training. Ms. Berliner provided a detailed overview of each of the programs contained within the annual report. She noted that goals for FY09 include: projects that help connect the community to the Merrimack River; expanding the Green Team program; expanding neighborhood planting program; collaborate on a bicycle-pedestrian improvements program with Concord 20/20, MainStreet and others; and active recruitment of adopt-a-spot and trailmeisters volunteers.
Shawn LaFrance, Groundwork Concord, recognized Councilor Jan McClure, board member who just stepped down, for her leadership.
Councilor Black inquired in regards to connecting the community to the Merrimack River. Ms. Berliner responded that this would include making the public more aware of public access to the river and working with the city’s Planning Department to look at additional access points.
Councilor Lemieux pointed out that every dollar that the city puts into Concord 20/20, the benefit of $2.25 to $2.40 is received through the generosity of sponsors and the hard work of the Groundwork Concord board.
Action: Stephen Heavener, CRDC Executive Director, introduced himself and provided an overview of the three fundamental areas in which they work and want to continue to work closely including: 1) loan programs in which there are a variety of tools particularly focused on helping small businesses grow in the area with a specific focus on the opportunity corridor; 2) real estate development activity which is focused on working in communities when they bring CRDC in as a partner in which CRDC does not go out and do any real estate work that is competitive with the private sector and only does project that, for market reasons or partnership reasons, the cities ask them to come in to be their partner; 3) provides a small consulting division for some of the smaller towns in the region that don’t have economic development staff or capacities.
Action: Jim Howard, Deputy City Manager – Finance, provided a detailed overview of the fiscal monitoring report submitted to Council.
Mayor Bouley thanked Mr. Howard for the powerpoint presentation and requested that staff forward to Council and place on the city’s website.
- 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 St. Hilaire moved approval of the consent agenda, as amended with items 20, 28, 29, 37 and 39 removed for discussion at the end of the agenda. Councilor Blanchard asked that item 20 be placed back on the consent agenda explaining that she just wanted to inform the public that this item was being set for a public hearing. The motion was amended to remove items 28, 29, 37 and 39 with item 20 being placed back on the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Items Tabled for a March 2008 Public Hearing
Action: This item placed back on the consent agenda.
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.
Action: This item removed for discussion at the end of the agenda.
Consent Resolutions
Action: This item removed for discussion at the end of the agenda.
Consent Communications
Appointments
42. City Manager’s proposed appointment to the
Personnel Appeals Board.
Cecile Blakeslee Hartigan
43. Mayor Bouley’s proposed appointments to the Recreation and Parks Advisory Committee. Glen Matthews and Amy Hull
**End of Consent Agenda**
A. Amend the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index; by adding a Licensing Coordinator and Zoning Administrator; together with report from the Deputy City Manager, Development. (1-10) (Revised ordinance and supplemental report submitted)
Action: Carlos Baia, Deputy City Manager – Development, provided a brief overview explaining that Code Administration’s personnel is currently undergoing a significant transformation with half of the employees within this division retiring. He noted that the city chose to look at this as an opportunity to examine the division and meet with the current and outgoing employees to find out what works, what could work better and what they could suggest. He indicated that the employees retiring had stated that they would like to stay on and he wanted to find ways to reincorporate these individuals within the organization. He explained that staff was looking at converting some of the full time positions to permanent part time positions looking at whether the city could still provide the services. Mr. Baia indicated that to achieve this balance he is asking Council to create two positions: a full-time Zoning Administrator position and a permanent part time Licensing Coordinator with the goal to free up the Health and Licensing Officer to dedicate more time to public health. Mr. Baia pointed out that if Council moves forward with the part-time reorganization as well as the creation of these two positions, it will not be really adding full-time equivalent positions to the division and would be a wash with the savings occurring on the benefits side.
Referencing the first chart, Councilor Lemieux indicated that he counted eleven and a half full-time equivalents and in the second chart he counts ten full-time and four part-time inquiring whether the four part-times add up to a full-time equivalent of one and a half. Mr. Baia explained that the Building Inspector is the other position that would go to a part-time position but is not shown within the chart because it would only be effective half way through next fiscal year.
Councilor Blanchard inquired whether the city has trouble hiring part-time help. Mr. Baia responded that he feels that this is a challenge any organization faces when they go from full-time to part-time. He added that one of the benefits is that outgoing employees or ones that have retired have expressed interest in coming back as part-time employees.
Councilor Shurtleff inquired whether the part-time employees would be part of the union. Mr. Baia responded that he is unclear of this at this point explaining that they are designated as union positions when looking at the labor grades however since they are part-time he is unsure of the union benefits they would have.
City Manager Tom Aspell added that the proposal here is something that Council will be seeing coming forward with other departments. He indicated that one of the ways that the city will have to close the budget gaps now and into the future is to start getting away from full-time employees and moving more towards part-time employees.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the public hearing.
B. Resolution authorizing the City Manager to continue implementation of the Community Development Housing Revolving Loan Program, Fund 2701, and appropriating the sum of $161,132; together with report from the Community Development Advisory Committee (CDAC). (1-11)
Action: City Manager Aspell provided a brief overview explaining that the Community Development Advisory Committee has recommended this along with himself for approval.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the public hearing.
C. Resolution appropriating the sum of $28,000 and authorizing the issuance of bonds and notes for replacement of one (1) staff vehicle for the Fire Department, CIP #4, Apparatus Replacement; together with report from the Fire Department. (1-12)
Action: City Manager Aspell provided a brief overview explaining that in about a month staff will look at capital accounts to determine whether or not certain accounts can be closed out in which money can then be either be returned or spent on other projects. He indicated that because of the financial situation the city is in now, the Fire Department and Finance Department have reviewed the Fire Department’s capital account and believes that Council does not have to appropriate these dollars under bonds and that there will be dollars available under capital close out accounts within the Fire Department. Mr. Aspell asked that Council not vote on this item this evening as a bond article but simply give staff the authority to provide Council with a report next month which would identify where those dollars will come from and at the same time, move ahead with the purchase of the vehicle.
Councilor Blanchard inquired whether this vehicle is going to be a bio-diesel vehicle. Mr. Aspell indicated that the acting Fire Chief has identified a vehicle. Mayor Bouley clarified that the Fire Department is looking at a hybrid vehicle.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the public hearing.
D. Resolution authorizing the annual appraisal of real estate at market value per RSA 75:8-b; together with report from the Director of Real Estate Assessments. (Public hearings must be held in February & March) (1-13)
Action: City Manager Aspell provided a brief overview explaining that since 2004, the city has been conducting annual market evaluations. He indicated that there needs to be two public hearings, one of which is being held this evening and one to be held next month.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the public hearing.
Public hearing to be recessed until the March Council meeting.
E. Resolution approving the acquisition of open space property northerly of Currier Road, and authorizing the expenditure of up to $252,000 from the Conservation Fund for this purpose, as approved by the Conservation Commission; together with report from the Conservation Commission. (1-14) (Additional information submitted by Councilor McClure)
Action: City Manager Aspell provided a brief overview explaining that the property that is being proposed by the Conservation Commission is 86 acres with 218 feet of frontage on Currier Road and immediately adjacent to Rossview Farm. He indicated that the appropriation is for $252,000 with $250,000 for the purchase price and $2,000 set aside for closing costs, fees and taxes with the funds coming from the Conservation Fund.
Mayor Bouley declared the hearing open.
Public Testimony
Kit Morgan, Conservation Commission Chair, noted that this parcel is identified within the open space chapter of the master plan as a priority for acquisition and fee. He explained that it provides a number of connections between protected lands, Dimond Hill Farm and the Rossview Farm for trail connections and other wildlife corridor connections. Mr. Morgan added that acquiring this property for conservation will protect wildlife resources, wetland resources, and the watershed of Ash Brook which is part of the Turkey Pond watershed.
Jim Owers, Conservation Commission Vice Chair, added that in 2001 the Carter Hill Orchard had been purchased at 155 acres; in 2006, 108 acres was purchased on Dimond Hill in conjunction with other groups; and 545 acres was purchased at Rossview last February. He indicated that the property this evening provides the link that links all of these properties together.
Craig Art, Bow Pioneer Snowmobile Club member, spoke in support of the purchase of the property. He indicated that the club maintains approximately eighty miles of trails throughout the towns of Dunbarton, Bow and Concord and will continue to maintain this trail in both the summer and winter including brushing it and grooming it in the winter. He noted that the club provides liability insurance coverage to the city and to any landowner in the trail system.
Scott Nadeau, Bow Pioneer Snowmobile Club member, spoke in support of the purchase of the property indicating that this trail connects Dimond Hill to Rossview Farm and is critical to the continuation of this trail.
There being no further public testimony, the Mayor declared the hearing closed.
F. Ordinance amending the Code of Ordinances, Title IV, Subdivision Code; Chapter 29.2, Public Capital Facilities Impact Fees Ordinance; Section 29.2-1-2, Assessment and Collection; together with report from the Planning Board. (1-15)
Action: City Manager Aspell provided a brief overview explaining that there are three pieces to the report: adopt an amendment to the impact fee table based on the criteria that the ordinance has established in 2001; add amendments to the transportation facilities impact fee table; change the section of the ordinance which would require that all uses as part of city priority redevelopment project be made taxable as part of PILOT agreements.
Councilor Blanchard indicated that the rates are new and inquired whether old rates are included within the information. Mr. Aspell clarified as to where these rates were included within the charts.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution authorizing the City Manager to apply for, accept, administer, and appropriate up to $500,000 in Community Development Block Grant Funds to support development of a grocery store in Penacook Village; together with report from the Assistant for Special Projects. (1-16)
Action: City Manager Aspell provided a brief overview explaining that if the grocery store was to move ahead it would create new jobs, is eligible for $800,000 application for Community Development Block Grant funds with the city limited to applying for $500,000 and in working with Merrimack County which could try to secure an additional $300,000. He recommended Council’s approval in applying for these funds and appropriate, if approved, to make the Penacook grocery store happen if the developer chooses to move ahead with it.
Councilor Lemieux inquired as to the probability of the grant being approved and what would happen if it is not approved. Assistant for Special Projects Matt Walsh indicated that there is a better than fifty-fifty chance that the money would be appropriated but there is a lot of competition out there for this money. He added that if the city gets in earlier in the process, there is a better likelihood of getting some funds but if it gets in later in the process, that likelihood diminishes. Mr. Walsh explained that if these grant funds do not come through and no other form of subsidy can be provided for the project then the project would not happen. He added that there are other issues that the city and the developer have to work out before getting to the point of worrying about that particular possibility.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
Referencing public hearing items H through S, Mayor Bouley explained that these items were not yet available in their proper forms.
Councilor St. Hilaire moved to suspend the rules to have the City Clerk read the titles of public hearings H through S. The motion was duly seconded and passed with no dissenting votes.
Councilor Stetson inquired whether public hearings H through S would be opened and closed this evening. Mayor Bouley clarified that these hearings would not be closed this evening and would be tabled until the March Council meeting.
Mayor Bouley declared the hearings open.
Councilor St. Hilaire moved to recess the public hearings on items H through S until the March City Council meeting. The motion was duly seconded and passed with no dissenting votes.
H. Ordinance amending the Code of Ordinance, Title V, Administrative Code, Chapter 30, Boards and Commissions, Section 30-30-15, Airport Advisory Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
I. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 4, City-Owned Property; Article 4-5-3, City Forest Advisory Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
J. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 5, Public Works, Article 5-7, Solid Waste Removal District.
Action: Public hearing on this item recessed until the March City Council meeting.
K. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Section 30-3-17, deleting the Downtown Solid Waste Removal Commission and establishing a Solid Waste Advisory Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
L. 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.
Action: Public hearing on this item recessed until the March City Council meeting.
M.
Ordinance amending the Code of Ordinances, Title V, Administrative Code;
Chapter 30, Boards and Commissions, Article 30-3, Section 30-3-18, Golf Course
Advisory Committee.
Action: Public hearing on this item recessed until the March City
Council meeting.
N. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter, 30 Boards and Commissions, Article 30-3, Section 30-3-7, City Parking Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
O. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Article 30-3, Section 30-3-25, Public Safety Board.
Action: Public hearing on this item recessed until the March City Council meeting.
P. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Article 30-3, Section 30-3-14, Public Transportation Advisory Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
Q. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Article 30-3-1, Transportation Policy Advisory Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
R. Resolution establishing an Energy and Environmental Policy Committee.
Action: Public hearing on this item recessed until the March City Council meeting.
S. Ordinance amending the Code of Ordinances, Chapter 30, Administrative Code; Article 30-3, Boards and Commissions, Utility Appeals Board. (12-13) (1-39d; 1-43)
Action: Public hearing on this item recessed until the March City Council meeting.
February 11, 2008 Public Hearing Action
Action: Councilor Nyhan 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 with no dissenting votes.
Action: City Manager Tom Aspell asked that Council table this item until the next Council meeting at which time he will bring forward a report indicating where the dollars will be coming from.
Councilor Nyhan moved to table this item until the March Council meeting. The motion was duly seconded and passed with no dissenting votes.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Councilor McClure moved approval. The motion was duly seconded.
Councilor McClure thanked Becky Hebert and Doug Woodward for helping the commission help the Desjardins do what they wanted to do with this property. She also thanked Kathy Temchack for helping the commission understand the appraisal process in greater detail. She clarified the previous comment made by Jim Owers by indicating that the city does not own either Carter Hill, Rossview or Dimond Hill and that the city has easements on these properties. She noted that this would be the only property in this link that the city would actually own.
Councilor St. Hilaire inquired whether any of the funds expended were going to be bond funds requiring a 2/3rds vote. City Manager Aspell responded that the funds would be coming out of the conservation fund which has essentially been fed mostly by the land use change tax.
Councilor McClure’s motion to approve passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded.
Councilor Blanchard inquired as to the last time impact fees had been increased. Mr. Aspell responded that it is required by ordinance to come up every year. Councilor Blanchard further inquired whether it is approved by Council each year. Mr. Aspell responded that the ordinance actually tags it to certain building cost increases that are found in the market.
Councilor Lemieux’s motion passed with no dissenting votes.
Action: Councilor Blanchard moved approval. The motion was duly seconded.
Councilor St. Hilaire took Rule Six explaining that he had reviewed some paperwork for the county’s portion of the grant application.
Councilor Blanchard’s motion passed with no dissenting votes with Councilor St. Hilaire taking Rule Six.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Action: Public hearing and action on this item recessed until the March Council meeting.
Reports
Action: Assistant for Special Projects Matt Walsh provided a brief overview of the report explaining that there is approximately $68,000 remaining in the project budget that was originally$16.4 million and on top of this there is some interest earnings on the bond money that was sold for the project which gives the city a $371,000 total that is available to help the project with shortfalls and any other improvements to the project that Council may wish to make. He indicated that the value of the TIF district for which the project is located in has increased by approximately $7.8 million, the value of the office building by itself, and the tax revenue that are generated from there is going to pay for improvements the city has made as part of the project. He stated that staff is optimistic that once the building is completely occupied it will have a value of approximately $12.5 million. Referencing the report, Mr. Walsh provided an overview of projected revenues and expenses for the parking garage and reviewed the summary on pages six and seven of the report. He pointed out that there is also language within the report regarding ways to make the parking garage more user friendly which involve: relocating an existing pay station from the third floor to the first floor; installing in lane pay stations at the vehicle exit gate costing approximately $58,000; to purchase and install a third pay station which would be located on the first level of the facility near Storrs Street. Mr. Walsh indicated that after speaking with the equipment vendor and staff, the Parking Committee had recommended that if the Council is inclined to do anything they recommend purchasing the third pay station. He noted that if Council feels that this is a prudent course of action to instruct staff to do so, surplus money within the budget can be used to move forward with this without appropriating additional money.
Councilor Blanchard inquired as to how much of the revenue shortfall is due to the fact that individuals feel the garage is not user friendly. Mr. Walsh responded that this number is difficult to quantify.
Councilor Coen inquired as to how many vehicles park in the garage on a daily basis. Mr. Walsh responded that there are approximately 200 vehicles in the garage on a given drive through of the garage; 98 spaces are filled leased spaces and 100 transient parkers on a daily basis. Councilor Coen questioned as to where these vehicles had been previously parking before the garage was built. Mr. Walsh responded that these vehicles would have been parking on the street prior to the garage being built. Councilor Coen inquired how long it would take to install a pay station if it were approved by Council. Mr. Walsh responded that it would take approximately four to six weeks to install.
Councilor Lemieux inquired as to the type of assurance there was that this particular investment will bring about any additional revenue. Mr. Walsh responded that was very difficult to project explaining that acquiring a third pay station would improve the user friendliness of the garage but the city will not see an immediate spike in the usage of the garage but will be more of a long term investment that will help improve the friendliness of the garage over the long haul which is when it would be recouped. Councilor Lemieux noted that the cost of the machine is about equal to nineteen months of revenue. He added that even if the revenue were doubled, it would take a year and a half to break even on this one expense. Mr. Walsh indicated that to be correct.
Councilor McClure inquired whether staff had any idea as to how many people park there to use Storrs Street explaining that Council is being asked to place a pay station on the Storrs Street side when she thought this was to serve Main Street. Mr. Walsh indicated that the anecdotal information that he has is that the majority of the people that park there on a regular basis are trying to access Main Street explaining that is why there are two pay stations on the Main Street level of the garage at the two stair towers that people would use to access Main Street. He noted that there have been some comments from individuals in which they wanted one on the Storrs Street side because there are some that use this to access retailers in that area. He indicated that in the future this station would help people that are purposely going someplace on Storrs Street but in the short term its going to be more as a convenience factor for people who either can’t find the other two pay stations or forgot to visit them when they were leaving.
Referencing the proposed pay station that is recommended for purchase, Councilor St. Hilaire inquired whether this is the same as an in lane pay station and if an in lane pay station is purchased would this be a different model with a different price. Mr. Walsh responded that it would be a different model with a different price explaining that if Council chooses to purchase in lane pay stations, two would be purchased because there are two exit lanes in the garage and the cost would be approximately $58,000. He indicated that there was a concern in the long haul that that option may be more detrimental to the city because they require more maintenance and vehicles may bypass the two stations currently in the garage using the in lane system therefore creating a back up in the garage. Councilor St. Hilaire questioned whether the vendor would be open to taking back one of the machines already purchased to install two in line stations to decrease the price. Mr. Walsh explained that staff had explored this scenario with the vendor and he had indicated that he would not be willing to do this largely because there isn’t a market for this equipment on the used market. Councilor St. Hilaire inquired when staff would project a back up of traffic with two lanes exiting. Mr. Walsh responded that with the current activity in the garage he does not feel this is a major concern. He noted that he does feel that within the next few years as the garage starts to fill that this possibility grows. Mr. Walsh explained that to avoid putting in one type of technology and having to replace it in a time when the garage starts experiencing that problem, staff is recommending installing a third pay station which would be identical to the ones already in the garage.
Councilor Black inquired whether it is known as to how many employees park downtown and whether they can be encouraged to park in the garage. Mr. Walsh responded that he did not have the number of downtown employees that park downtown and added that staff has had discussions of potentially coming up with a parking system whereby on-street parking would be more expensive than parking in the garages to drive the long term parkers to use those facilities instead of the turn over spaces on the street.
Councilor Nyhan inquired as to the percentage on the complaint ratio versus parkers on a monthly basis. Mr. Walsh explained that approximately two to three months ago the company that manufactures the equipment sent out a technician to diagnose and remedy some of the issues that the garage was dealing with. He indicated that since this, the amount of complaints that the Parking Division has been receiving are dramatically down.
Councilor St. Hilaire indicated that when people go to other garages in Boston or Manchester, they are used to paying when they leave and the city is trying to train them to do something different that they are typically not used to. Mr. Walsh indicated that the city has acquired and installed a system which is relatively unique in New Hampshire with a learning curve associated with it. He noted that by improving some of the signage within the garage and parking officers in there on a more regular basis, the community is slowly learning how to use the system. He indicated that looking into the future; he feels that this system will become more common in New Hampshire.
Councilor Nyhan noted that he feels that this is a very costly solution to a relatively small number of complaints.
Councilor Coen moved to accept the report and to move forward to acquire a third pay station on the first floor. The motion was duly seconded.
Councilor Coen noted that he feels that it was a marketing flaw in the beginning and having the third pay station installed on the first floor would remedy the flaw. He further noted that he feels that there are fewer complaints with the garage because of fewer people using it. He indicated that he feels that in the future expansion in the downtown, it makes sense that at some point in time a third pay station would be needed.
Councilor Stetson questioned that if the additional pay station is purchased, will staff at some point have to come to the general fund to help pay for the garage. City Manager Tom Aspell responded no.
Councilor Nyhan noted that he feels that when the volumes warrant a pay station that is when it should be purchased but feels that currently it is a costly solution for a problem that is real to a few but not real to the general population of the city.
Councilor McClure indicated that she will be voting against the motion noting that she feels that this needs to be given some time. She noted that it wasn’t expected that the garage would be full immediately and time needs to be given so that staff could do some more pr and give people time to learn how to use the system.
Councilor Lemieux stated that he feels that this expenditure fails to address the number one problem with the garage which is the overestimation of the demand and there is too much supply for the demand. He added that until this problem is resolved, he doesn’t feel that this is a good expenditure and will be voting against the motion.
Councilor St. Hilaire noted that he feels that the proposal as is, is not the best way to approach it and if the city is going to purchase a pay station it makes more sense to purchase the in lane one because it is cheaper and people are more used to using this type of method.
Councilor Werner inquired to the capacity of the garage in relation to what is available for downtown employees to park in the garage. Mr. Walsh responded that the garage contains 516 parking spaces, 300 of which were earmarked to be leased spaces. He indicated that of that 300, 150 were to be for the office building and the other 150 were to be leased to the general public. After this 300 this leaves 205 hourly turn over metered spaces and 11 handicap spaces. He indicated that there are currently 98 spaces under lease and of this, 75 to 80 is associated with the office building.
Mayor Bouley noted that the more that can be done to make the garage easier and convenient to use, people will use it. In terms of supply and demand, he noted that when Council voted to build it, they specifically voted to overbuild it. Mayor Bouley noted that he feels that the garage will fill up when the office building is filled up. He asked that if Council does not move forward with this item this evening that the Parking Committee come back with further recommendations to what can be done to continue to entice people to use the garage.
A Councilor requested that the motion be split to vote on each separately. Councilor Coen noted that he was willing to split the motion.
The motion to accept the report passed on a voice vote.
The motion to move forward with the purchase of a third pay station on the first floor failed on a voice vote.
Police Chief Robert Barry provided a brief overview of the report explaining that one of the goals within the department’s FY08 goals that the prior Council approved was to take a look at the organization and operations and identify any areas for improvement. He indicated that staff has developed some ideas which are relatively minor in number but feels their impact will be very positive and far reaching for the department and the community as a whole. He explained that three significant areas were addressed within the report that staff felt a need for improvement. He noted that he feels that if Council accepts the report, the recommendations will go a long way to in improving the department’s efficiency, helping to provide better service to the community and putting the department in the position to absorb increased demands coming in the future with minimal or very low cost.
Referencing the second paragraph on page five of the report which references a proposal the legislature is considering which would treat seventeen year olds as juveniles; Councilor Blanchard inquired whether this would reduce the workload volume within the adult division. She further inquired whether some of these juveniles could be placed in the diversion program giving them potential to become more responsible citizens. Chief Barry responded that the 116 seventeen year olds, whether they are adults or juveniles, are still arrested. He explained that when it is an adult arrest, they are processed at the time of the arrest and enter into the court system for adjudication and added that when a juvenile is arrested, the police still brings them into custody, release them to the parent and then a youth services officer has to review the case and at that point a decision is made whether to counsel or divert them or petition them in through the juvenile system. He indicated that there are more man hours involved and more efforts spent on a juvenile rather than an adult.
Referencing traffic enforcement on page three of the report, City Manager Tom Aspell pointed out that Council had approved a traffic engineer position and that traffic calming measures will be installed within the community. He explained that this is the third leg of this process, making sure the city has the enforcement and to focus on where the problems are.
Councilor Shurtleff noted that he had attended a neighborhood 20/20 meeting in Penacook and that Councilor Lemieux had made mention to the fact that this concept was being brought forward and those in attendance were very receptive to this idea.
Councilor Keach inquired whether there were any opportunities or whether any consideration has been given to moving to a system where some routine calls are handled by phone such as those that require a report be filed for insurance purposes. Chief Barry responded that approximately ten years ago the department went to a system where certain types of calls where there are no suspects, not an in-progress type crime and the dollar value loss is under $1,000 the department did a non-report report. He indicated that this is when a report is generated for insurance purposes, it’s filed within the computer system but an officer does not come out and actually take an investigative report. He explained that this had been successful ten years ago.
Councilor McClure thanked the Chief for a very thorough report.
Mayor Bouley asked for clarification as to what the status is with a school resource officer at Rundlett School. Chief Barry responded that there is not a school resource officer at Rundlett School.
Councilor Nyhan moved approval of the report. The motion was duly seconded and passed with no dissenting votes.
New Business
Unfinished Business
Action: Councilor Lemieux moved to take this item off the table. The motion was duly seconded and passed with no dissenting votes.
City Engineer Ed Roberge indicated that staff had gone back to talk to the pavement management contractor and looked at a fourth option, to recycle the concrete slab as an alternative. Mr. Roberge explained that this option would remove the slab, recycle it, crushing and grinding the material and returning it to the road base as a gravel base. He indicated that the cost of recycling the slab is somewhere just under twenty percent noting that it is much more cost effective than originally determined. He provided a brief overview of the summary of costs spreadsheet provided to Council. In closing, Mr. Roberge indicated that staff would look at taking the plan that is currently in the program and shuffle it with the new costs if Council decides to move in the direction of removing the slab, and present a revised CIP #35 during the CIP review process.
Councilor Blanchard questioned the timeline and inquired how much is putting each base out further in the CIP because of the increased cost. Referencing the spreadsheet, Mr. Roberge explained that on the far right he included the total fiscal year appropriation which is what is in the plan currently, years 2008 to 2012. He explained that the total project cost of $10.87 million if Council opted to move forward with the removal of the slab. He indicated that staff would come in with a proposal to extend the $10.2 million currently in the program. Mr. Roberge indicated that staff would like to look at a seven year program as opposed to a six year program explaining that there are two long sections that cost the most including priority areas 3 a-d indicating that opposed to doing these in two years, it’s more realistic to do these in three years. Councilor Blanchard questioned whether the years on the spreadsheet were realistic. City Manager Aspell explained that anything beyond the current fiscal year is all subjective and will all really depend on all the other projects going on within the city.
Councilor Stetson noted his constituents concerns with the roads and indicated that he doesn’t feel that these should be spread out and should be done sooner rather than later.
Councilor Nyhan indicated that the consultant had referred to new technologies whereby leaving the concrete slabs wouldn’t be so bad. Councilor Nyhan asked for clarification as to the longevity of leaving the concrete slab in versus this new option with a twenty percent surcharge. He inquired as to the cost benefit in pursuing this new option. Mr. Roberge indicated that he believes that the technologies that the consultant was referring to, really has to do with pavement fabrics that can be placed on top of the slab to try to bridge those. He explained that the concrete slab is only twenty feet wide along North State Street and there are some sections where the road is forty feet wide so there is a longitudinal line where you see the edge of the concrete slab in either a wheel rut or along the center line of the lane. He indicated that bridging this to help spread that load out and reinforce that edge so there isn’t a sharp reflective crack that comes through that becomes a maintenance problem. He noted that at the same time at every forty feet or so are the lateral cracks, the slab joints of the concrete slab. Mr. Roberge indicated that what is being found over time is that when that reflective crack occurs more water gets in and becomes deteriorated and the joint in the slab fails. He explained that there are new fabrics which are better but there is nothing that has been found that is a 100 percent solution to reflective cracks. He indicated that staff is assuming that there will still be that same maintenance intensity, same requirement to seal the cracks, looking at programmed resurfacing of the pavement regularly. He added that it seems, based on the cost today with this alternative, to make sense to move forward with the increase cost and save on long term maintenance. Councilor Nyhan inquired whether the entire amount or a portion of concrete slab would be ground. Mr. Roberge responded that the entire slab would be crushed.
Councilor Lemieux inquired whether staff feels that much of this cost is offset by savings in the future by not having to go back to address those cracks every few years. Mr. Roberge indicated that the life cycle cost benefit is based on a per linear foot and based on the new model, it may not be paying for itself but it’s coming very close to this. Referencing traffic, Councilor Lemieux inquired whether staff looked at how long each lane would be shut down and would it be done a half section at a time. Mr. Roberge explained that this will have to be staged significantly and will likely have to build a bypass or temporary road widening on each side and built it in stages.
Councilor Coen questioned whether the city would be incurring a higher cost if the project is spread out over the years instead of consolidating the project. Mr. Roberge noted that he feels that the reasonableness of the constructability of the project is limited to what can be done in a season, the staging and the traffic itself is going to limit in terms of how big of a section do we want to open up at one time. City Manager Aspell explained that the only reason that the cost is spread is so that Council can fit all the other capital projects in and the whole discussion as to what year to put it in doesn’t make a difference this evening and when the capital budgets are submitted to Council in May, Council can decide when they want to begin these projects. Mr. Aspell indicated that this evening Council is deciding whether to leave the concrete slab in place or take it out.
Councilor Bouchard moved to accept the report which recommends the alternative approach. The motion was duly seconded and passed on a voice vote.
Comments, Requests by Mayor, City Councilors
Councilor Black referenced a City Council shooting in another state and inquired whether any thought can be put into looking into the safety and security of Council Chambers.
Councilor McClure noted that she had spoken to Matt Walsh in regards to taking back to the Parking Committee the concept of looking at where the allocation of rental spaces are within the parking garage. She indicated that she noticed that the pay station on the third floor is located adjacent to leased spaces which doesn’t really facilitate consumers parking on the third level next to where they go out on Main Street. She pointed out that the Parking Committee may want to review those policies to see if the rental spaces can be relocated.
Consideration of items pulled from the consent agenda for discussion
Items 28, 29 and 37 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Stetson indicated that during the priority setting session Council had talked about continuing the goals from 2006-07 that were incomplete into the 2008-09 plan and the one item that had been left off the new list is the Route 3 Corridor Improvements. He noted that he would like to see this added to the new list.
Councilor Stetson moved to accept the report amending it to add the Route 3 Corridor Improvements on the 2008-09 priority list. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Stetson noted that he feels that it is premature to authorize the City Manager to negotiate a land lease agreement. He indicated that he feels that the Concord Crew has an excellent plan and is a good idea however there are too many city departments that would like to claim this area and feels that many questions within the staff report need to be answered before proceeding with a lease agreement. Councilor Stetson indicated that he would like to see reports from all the different departments before authorizing the City Manager to proceed.
Mayor Bouley pointed out that this item was referred to the Arena Advisory Committee, the Police Department and Recreation and Parks Advisory Committee who submitted reports. Councilor Stetson indicated that their reports contained questions within them that have not been answered.
Councilor Bouchard indicated that it is her recollection that the Recreation and Parks Advisory Committee was agreeable to move forward with this and that the building would be a good fit.
Councilor Stetson indicated that all the committees felt it was a good idea based on their reports however they all had questions that have not yet been answered.
Following additional Council discussion, Councilor McClure asked the City Manager to outline the process from this point forward if Council approves the report. City Manager Aspell indicated that there would need to be a site plan approval by the Planning Board before any type of lease agreement can be completed. He added that the most difficult part has to do with the overall master planning of the site. Mr. Aspell explained that Concord Crew had a proposal to go someplace else on the river that fell through further noting that they would like to do something this year. The City Manager indicated that if it came to the point where the city decided that this was not the appropriate location, Concord Crew would have to remove the structure relocating to another location at their expense.
Councilor St. Hilaire noted that at the last meeting Council appropriated $10,000 for the City Engineer to do a study of the recreational complex, Everett Arena, and possibly putting a community center in. He asked whether Council could receive guidance on a timeline as to when this would be included and/or if this would be part of looking at this issue. Mr. Aspell indicated that as he understood, the dollars were to go into an upcoming capital budget item for 2009. He stated that the money would not be available until July but that this would be part of that.
Councilor Nyhan moved to accept the report and authorize the City Manager to pursue a land lease agreement. The motion was duly seconded.
Mayor Bouley clarified that the City Manager would move forward to try to negotiate something and as the process moves along, would come back to Council with answers to the questions. Mr. Aspell indicated that to be correct noting that he could set it up so that when the lease is negotiated he would bring it back for Council approval.
Councilor Nyhan added that he sees this as no loss to the city even if it is on an experimental basis. He noted that this is an opportunity to see the recreation facility at the Everett Arena expanded for water sport activities.
Councilor Bouchard added that Concord Crew takes every student that wants to crew making sure they get on a team and is an excellent opportunity for the youth in this community.
Councilor Keach indicated that these types of events add economic benefit to the community.
Councilor Nyhan’s motion passed on a voice vote.
Action: Councilor McClure noted her appreciation of all the effort that has gone into this item and noted that she just wanted to point out several things and encourage the city to take a broad approach to solving this issue. She indicated that reasons that this issue has come up is due mostly to resident complaints about the lighting going into their homes due to either a differently zoned area next to their home or mixed use. She noted that she would like to make sure that the existing ordinances are looked at instead of or in addition to creating an entirely new ordinance to make sure the city’s existing ordinances protect residents from some of the lighting and parking issues that are part of our more modern society than were historically the case with mixed use that was often in similar type buildings to residences, similar scale and not large illuminated lights like businesses wanting right next to the residential areas.
City Manager Aspell indicated that to do this, staff will not be able to bring this forward in March taking possibly several months to accomplish.
Councilor McClure moved that this issue be looked at in a broader approach to the existing ordinances and how the city can encourage mixed use in transitional zones that does not make the commercial or retail a burden on the residences. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire explained that he removed this item from consent because he chairs the grant committee that will review this request indicating that he would like to take Rule Six and not vote on this item.
Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes. Councilor St. Hilaire took Rule Six.
Consideration of Suspense Items
Councilor Blanchard moved to suspend the rules to consider the suspense items. The motion was duly seconded and passed with no dissenting votes.
2 Sus1 To be set for a March 10,
2008 Public Hearing
Resolution amending resolution number 8130 which adopted the provisions
of RSA 79-E “Community Revitalization Tax Relief Incentive”; together with
report from the Economic Development Advisory Committee and the Business
Development Coordinator.
Action: Councilor Blanchard moved to set this item for a March public hearing. The motion was duly seconded and passed with no dissenting votes.
2 Sus2 To be set for a March 10,
2008 Public Hearing
Resolution appropriating the sum of $309,000 from general fund balance for
FY2008 winter snow operations in the General Services Department; together with
report from the General Services Director.
Action: Councilor Nyhan moved to set this item for a March public hearing. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 10:15 p.m., Councilor Nyhan 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 on a roll call vote with Councilors Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk