| January 14, 2008 City Council Meeting Minutes |
City Council Meeting
Minutes
January 14, 2008
Non-public
session in accordance with RSA 91-A: 2, I (b) to discuss
collective bargaining/labor negotiations.
City Council Chambers
7:00 p.m.
Action: Councilor Lemieux moved approval of the December 10, 2007 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Councilor St. Hilaire presented a resolution in recognition of the services of C. Hamilton Rice. (12-26)
7. Mayor Bouley presented a resolution in recognition of the services of Eugene A. Blake. (12-27)
- Consent Agenda Items –
Action: Councilor St. Hilaire moved approval of the consent agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Planning Board
Items Tabled for a February 11, 2008 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
31.
Resolution in recognition of the services of Katherine Rogers.
(For presentation in February)
32.
Resolution in recognition of the services of F. James Rowe.
(For presentation in February)
33.
Resolution in recognition of the services of Michael Donovan.
(For presentation in February)
35. Resolution adopting a cash management policy; together with report from the City Treasurer.
Consent Communications
38. Street closure request for the annual Rock ‘N Race to benefit Concord Hospital’s Payson Center for Cancer Care to be held on May 21, 2008.
**End of Consent Agenda**
A. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at all times in designated places, Schedule I; North State Street; together with a report from the Engineering Services Division. (12-14)
Action: City Engineer Ed Roberge provided a brief overview explaining that this is an interim approach of modifying the traffic patterns and parking facilities in the North State Street corridor. He added that this allows the city to maintain some on-street parking to work with the neighborhood group, mainly St. Peters Church and the residential neighborhood directly across the street. Mr. Roberge indicated that staff will be back in the spring time when the city constructs the roundabout at North State Street and Franklin Street.
Councilor St. Hilaire inquired whether there is the possibility of parking becoming decreased after this interim step. Mr. Roberge responded that there is no possibility to decrease parking in the area and there is the potential to increase the parking noting that staff is going to meet with the neighborhood to talk about an alternative along North State Street that may add some parking into the neighborhood.
Councilor McClure indicated that a constituent has noted their concern with the curbing and the continuation of some of the parking that if there is a bicyclist on the side it could create a hazardous situation. She added that the constituent’s concern was from Franklin Street to North State Street. Mr. Roberge explained that the pavement width in this area is maintained and is the same width as it is today. He added that parking will be allowed to occur in this area but the only difference is the curbing which doesn’t allow a vehicle to park up on the grass strip. He indicated that given the width that is there and the restriction of parking along the west side of North State Street, just south of the church, staff felt as though there was ample room to allow two-way traffic with parking and the occasional bike that may travel through here. Mr. Roberge added that when the full build out is complete; there will be widened shoulders for multi purpose use. Councilor McClure inquired whether there would be parking allowed between Church Street and Franklin Street on either side of the road. Mr. Roberge responded that the only location will be right in front of St. Peters Church and all other locations will not have parking along North State Street.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
B. Resolution adopting the provisions of RSA 79-E “Community Revitalization Tax Relief Incentive; together with report from the Economic Development Advisory Council and the Business Development Coordinator. (2-9) (12-18)
Action: Business Development Coordinator Ken Lurvey explained that RSA 79-E is consistent with many of the initiatives that the city has taken in the past to be innovative and creative to encourage redevelopment of properties that are important to the city. He indicated that RSA 79-E was passed in 2006 and created the ability for communities to adopt it for their own use if they so chose. He highlighted his report pointing out that this would create an exemption for new improvements for a property that already exists; the base value continues to be part of the city’s tax base in which the revenues go to the general funds. He explained that City Council has to review every application for the tax exemption having the opportunity to approve or deny if it feels they don’t meet the basic criteria. He added that each project has to have a substantial rehabilitation element that exceeds fifteen percent of the base value of the property or $75,000; the tax relief is only on the value of the new improvements; options of several timeframes with the base exemption being for five years plus two years for new housing and four years for affordable housing; an additional four years can be added if the property were declared on the national register of historic places or the state register of historic places; covenants added by the owner assuring the property is maintained and used for the intended purpose; failure to maintain or utilize the property as intended, the owner shall be required to pay all back taxes and any interest and penalties generated. Mr. Lurvey indicated that the two districts proposed that would be eligible: one that overlaps the district created in 2001 for the Community Development Finance Authority re-use fund that is contracted with Capital Region Development Council to administer; the second district is in Penacook and includes that area that is zoned the Opportunity Corridor surrounding the Penacook Mill. Mr. Lurvey explained some of the hypothetical case studies contained within his report. In conclusion, Mr. Lurvey noted that staff sees this as an economic development tool of many that is available to encourage redevelopment in downtown and the redevelopment districts.
Chris Carley, Economic Development Advisory Council member, indicated that the committee has been considering this item for over a year and feels that it is a very good idea.
Carlos Baia, Deputy City Manager-Development, added that this item would allow the city to brand itself as pro-active in terms of economic development and redevelopment.
Referencing the map of Penacook, Councilor Blanchard noted that it did not include Village Street. Mr. Lurvey responded that he feels that the areas zoned as downtown commercial district should have been included. He added that it could be amended in the future to include this area. Councilor Blanchard inquired whether she could make a motion to amend the resolution to include this area. Mr. Lurvey responded that it would need to be readvertised as another public hearing.
Councilor Lemieux inquired whether a non-commercial residential property owner, who otherwise met the requirements and submitted an application, be eligible for this tax relief. Mr. Lurvey responded that they would be eligible if it is within the district. Councilor Lemieux inquired as to how the districts are laid out and questioned whether they can be expanded for additional properties. Mr. Lurvey responded that they can be and that Council will need to think about whether these properties that are to be included will develop on their own or would need the encouragement of this resolution. He explained that the maps would need to be redrawn and a separate public hearing would need to be held. Councilor Lemieux inquired whether there would be any down side to expanding the boundaries to be very generous and including as many properties as possible. Mr. Lurvey indicated that the only down side might be if people had the intent of developing for residential then why would this incentive be offered. He added that the feeling is that in the district, the city wants to have the additional incentive because it lacks the other items other properties might have such as parking to help make the project more feasible.
Mayor Bouley declared the hearing open.
Public Testimony
Nan Hagen, Executive Director of Main Street Concord, indicated that she was present this evening to represent their economic development committee and board of directors to support this resolution. She noted that she feels that both Concord and Penacook need this important incentive to continue downtown revitalization and feels that it will encourage businesses and building owners to make substantial improvements in their properties which will in turn increase their value and increase the city’s tax base. She indicated that the primary goal of Main Street Concord’s 2008 global initiative is market rate upper story housing. She urged Council to support this resolution.
Tim Sink, Chamber of Commerce, indicated that they had supported the initial enabling legislation in 2006 and had sent a letter in January 2007 urging Council to give serious consideration to this type of a resolution. He noted that the Chamber of Commerce supports this resolution and hopes that Council supports it also.
There being no further public testimony, the Mayor declared the hearing closed.
C. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan; together with report from the Director of Personnel and Labor Relations. (12-12) (4-41)
Action: City Manager Tom Aspell provided a brief overview explaining that the job classification and compensation plan before Council is based on a value system reflected and planned on a salary survey of compatible organizations to help ensure an externally equitable and competitive pay system. He noted that the proposal presents a balance of the need for internal consistency within the organization and competitiveness in the broader labor market. He added that the objectives of the study were to: 1) review and revise the current classification system and pay plan for all city employees 2) wage and survey data; 3) produce a recommended plan based on job analysis and wage survey data; 4) and develop new job descriptions. He indicated that these objectives have been accomplished and that the system requirements of internal consistency and ability to maintain the plan financially have been achieved. Mr. Aspell summarized the recommendations: city employees will be paid at comparable market wages; the wage structure will consist of sixteen, 2 ˝ percent steps with a 45 percent salary spread between the lowest and the highest steps; an annual lump sum bonus is retained for fiscal year 2008 and a new performance based bonus program will be created; there is no longer any “red lined” employees whose base salaries will be frozen. He recommends that Council adopt the plan as recommended by the Council Advisory Committee on Wages and Compensation thanking them for their many hours of work for the good of the employees and the community.
Director of Personnel Norm O’Neil provided an overview explaining that following the last review of the Council, the City Manager had listed items that had to continue in order to ensure adoption of the plan. He highlighted those items that are contained within his report noting that he has reviewed the 70+ proposed changes that were received from employees with the City Manager and with the original consultant, Dr. Steve Condrey. He added that they had identified changes that should be made and included within the proposed ordinance. He noted that this ordinance, if adopted, would be for non-contractual employees only initially and the ordinance indicates that it would only be adopted for union employees if it was negotiated. Mr. O’Neil explained that non-contractual employees will be placed in a step on the wage scale that is closest without being less and the wage scale will increase in February by 1.5 percent.
City Manager Tom Aspell added that staff will be coming back to Council with modifications to individual job positions explaining that technology changes thus making job positions changing becoming either more or less complex depending on the technology.
Councilor McClure, Council Advisory Committee on Wages and Compensation Chair, thanked members of the committee, Jim Howard, Norm O’Neil and Tom Aspell for all their help in this process. She noted that the committee has met to review this report and recommendations before Council and feel that they represent moving forward on all of the recommendations and urged Council’s support on this change and the new wage structure. Councilor McClure read the city’s compensation philosophy: “The City of Concord strives to maintain competitive recruitment, compensation and benefit programs that attract, retain, motivate and reward qualified employees who provide high quality customer service to city residents. The city strives to remain competitive in the market and periodically evaluates its compensation and benefits programs making adjustments based on a wage survey analysis, internal equity analysis and an assessment of its benefits program. Employee evaluations are performance based and salary increases and bonuses result from strong performance that meets or exceeds expectations. Concord’s compensation and benefit programs reflect the value of work performed and are always framed within the context of the city’s fiscal health and the city’s ability to pay.”
Councilor Blanchard questioned whether the unions would be under this new program. Mr. O’Neil responded that only if it is negotiated.
Councilor St. Hilaire indicated that he noticed that most of the labor grades have sixteen steps and that some of the upper ones do not asking for an explanation of the rationale that these have less steps. Mr. O’Neil responded that when the committee looked at the upper labor grades they felt that the wage range was sufficient. Councilor St. Hilaire inquired whether a COLA was received annually for someone that reaches the top of the scale. Mr. O’Neil explained that if a COLA was passed, the whole wage schedule would raise by whatever the COLA is.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
D. Ordinance amending the Code of Ordinances, Chapter 30, Administrative Code; Article 30-3, Boards and Commissions, creating a procedure for appeal of water and sewer investment fees; together with report from the Deputy City Manager – Development. (12-13)
Action: City Manager Tom Aspell provided a brief overview explaining that this item would create a utility appeals board for water and sewer charges, investment fees, and special water and sewer investment fees.
Councilor Lemieux inquired as to how often this issue comes forward in a year. Carlos Baia, Deputy City Manager – Development, responded that two have been brought forward within the last month. Mr. Aspell indicated that there had been a semblance to the board and that prior to these two that board had not met for nine years. Mr. Baia added that there is no other recourse for these individuals so it is likely, in one of these current cases, that if there is no board they will likely take the city to court. Councilor Lemieux pointed out that it indicates that the “decisions of the board shall be final” and inquired whether an appellant looking for some relief would sign away his/her right to a court hearing if they lose. Mr. Aspell responded that it would be the final decision of the City of Concord. He clarified that it would not preclude the appellant from going to court if they did not like the answer received.
Councilor Bouchard inquired that if this ordinance passed, even though the grievance from a Loudon Road business was received before the ordinance, then this business could still appeal to this new board. Mr. Baia indicated that to be correct explaining that staff has told this particular developer to hold off and wait on this decision this evening.
Mayor Bouley clarified that the city has always had a Utility Appeals Board and that this item formalizes what is currently in place. Mr. Baia indicated that to be correct explaining that in 1995 a board was created by the Council through a resolution and that the City Solicitor felt that it should be by ordinance through a public hearing process to formalize the structure.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
E. Resolution appropriating the sum of $175,000 and authorizing the issuance of bonds and notes for Phase III of the Water Master Plan Update, CIP #321; together with report from General Services. (12-15)
Action: City Manager Tom Aspell provided a brief overview explaining that the goal of Phase III is to conduct a comprehensive evaluation of the city’s distribution system and water storage capacity through the year 2030.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
F. Resolution adopting the City of Concord’s Housing and Community Development Plan as well as the Displacement and Relocation Plan; together with report from the Grants and Projects Specialist. (12-16)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution accepting and appropriating the sum of $3,853.15 in unmatched grant funds from the New Hampshire Department of Justice Enforcing Underage Drinking Laws Grant Program; together with report from the Police Department. (12-17)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
January 14, 2008 Public Hearing Action
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded.
Councilor Lemieux indicated that he would like to explore the potential of expanding the area of this explaining that there are many properties that lie just outside of these boundaries that could use a “face lift” and that the property owners might need just the kind of tipping point to get some of these properties fixed up.
Mayor Bouley explained that this item was advertised as a public hearing this evening as it is before Council this evening and if Council were to amend it to include additional properties; it would need to be re-advertised. He suggested that if Councilor Lemieux is so inclined to take action on this item that perhaps he and Councilor Blanchard could get together and make recommendations and submit them to Council so that they could be referred to EDAC and if there are additional amendments they can be set for a public hearing.
Councilor Lemieux indicated that this would be fine with him.
Councilor Blanchard noted that she is unsure whether she agrees with including residential areas and added that she does not understand how downtown Penacook got left out of this and hopes that it will considered in the very near future to be included. Councilor St. Hilaire, EDAC member, indicated that he does not believe that there will be any objection to adding that and that it was just an oversight of the committee because they were just thinking in terms of the master plan and those redevelopment areas.
Councilor Shurtleff noted that this item would be a major plus in encouraging developers and contractors to help protect, preserve, rehabilitate and restore the older historic properties in downtown Concord.
There being no further Council discussion the motion to accept the ordinance passed with no dissenting votes.
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval of the ordinance. The motion was duly seconded.
Councilor Coen referenced the Poles and Wires Board and inquired whether this board could be consolidated and included within this new board. Mr. Aspell explained that the Poles and Wires Board traditionally deals with such entities such as Verizon and Unitil. City Engineer Ed Roberge explained that the Poles and Wires Board had been created in 1903 specifically for poles and wires with a limited charter. He suggested that it be kept separately because poles and wires are very specific and is discreetly different from water and sewer utilities. Mr. Aspell clarified that the real difference is the ownership.
Councilor Nyhan’s motion to approve the ordinance passed with no dissenting votes.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed unanimously 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.
Action: Councilor McClure 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: Mayor Bouley indicated that he has not completed appointments explaining that along with laying out committee assignments, he is going to be proposing approximately nine different ordinance changes regarding committees. He noted that either on Wednesday or Thursday the City Clerk will send Council the list of all committee assignments along with a copy of proposed changes to existing ordinances.
City Manager Tom Aspell added that at the priority setting session next Tuesday, Council can set these ordinances for public hearings to be held at the February Council meeting.
Reports
Action: Councilor Blanchard moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: City Manager Tom Aspell indicated that the report was distributed to Council this evening noting that staff will make a presentation on this at the February Council meeting.
Mayor Bouley encouraged Council to read this report before the February meeting and email specific questions they may have to Administration.
New Business
Unfinished Business
Action: This item remains on the table.
Comments, Requests by Mayor, City Councilors
Councilor Nyhan reminded the residents of Ward Six and Seven that there will be a meeting at Rundlett Middle School tomorrow evening at 7:00 p.m. to discuss the potential relocation of Concord Steam to the south end opportunity corridor.
Councilor Blanchard announced that on Saturday, January 26th, from 9:00 a.m. to noon at the Penacook Community Center there will be a public meeting with 2020 in regards to the revitalization of Penacook.
Councilor Coen inquired about the city’s snow budget. General Services Director Chip Chesley responded that the city has spent $1 million in snow removal in Concord as of the 14th including: $369,000 out of $773,000 in labor and fringe costs; $47,000 out of $60,000 from outside services including the cost of hauling the snow out of downtown; $249,000 out of $338,000 for salt, sand and cutting edges. He indicated that to put the downtown snow removal in perspective there may be sufficient funds currently in that line for one possibly two more storms.
Councilor Nyhan pointed out that he had received several compliments by email commending General Services for the job they have done removing snow.
Councilor Shurtleff asked Mr. Chesley to convey his thanks and appreciation to Dana Smith for going over the city’s priority list for plowing the sidewalks with him.
Comments, Requests by the City Manager
City Manager Tom Aspell, referencing item 34 on the agenda, indicated that NHMA gives the city estimates for dues and the city then has to supplement that amount based on population. He pointed out that they make a payment in lieu of taxes which is something that Council has been encouraging explaining that many non-profits and many entities that do not pay taxes are encouraged to make a payment in lieu of taxes to help offset their costs. He noted that NHMA does this and wanted to recognize them and thank them for doing so.
Councilor Black inquired whether there is an organized effort to try to get these non-profits to do PILOTS. Mr. Aspell explained that whenever there is the opportunity staff does talk to people the best they can. Councilor Black inquired whether the city could have a more organized effort. Mr. Aspell indicated that it is all voluntary explaining that maybe its something that can be done together.
Councilor McClure inquired whether there is a way to estimate what the cost is of serving the non-profits and perhaps send them a letter each year, a statement of letting them know what amount of dollars has been spent on the part of Concord taxpayers. Mr. Aspell indicated that he would speak to the Fiscal Policy Advisory Committee about this.
Mayor Bouley reminded Council of the Priority Agenda Setting meeting on Tuesday, January 22nd. He pointed out that Council receives many invitations for meetings and events indicating that the City Clerk will send these out by email to Council and post as much on the web as possible so that if the members of the public wish to attend these events, they may do so. Lastly, he congratulated the City Clerk, her staff, ward officials and General Services for all the work they did for the Presidential Primary.
Adjournment
The time being 8:25 p.m., Councilor McClure 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, and Werner voting yes. Councilor Stetson voted no.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk