| June 9, 2008 Meeting Minutes |
|
City Council Meeting
Minutes
June 9, 2008
Non-public session in accordance with
RSA 91-A: 3, II (d) to discuss contract negotiations, Scandia Hall, 14 Knight
Street and and a non-public session in accordance with RSA 91-A: 2
I (b) to discuss collective bargaining to be held following the meeting.
City Council Chambers
37 Green Street
7:00 p.m.
Action: Councilor Nyhan moved approval of the May 12, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Councilor Stetson presented a resolution in recognition of the services of Lynn Labontee. (5-39)
7. Councilor Bennett presented a resolution in recognition of the services of Madeline Weed. (5-40)
8. Concord Public Library Foundation, Concord Reads Presentation.
Action: Tenley Callaghan, President of the Concord Public Library Foundation and Ginny Babczak presented the selection for this year’s Concord Reads program entitled is Animal, Vegetable, Miracle by Barbara Kingsolver. Ms. Callaghan indicated that Concord Reads is a program sponsored by the Concord Public Library Foundation run by the library and has been a growing event every year. She noted that they are partnering with many different organizations within the city, including the high school, local restaurants, Concord Co-op, the Farmers Market and Red River Theater. Ms. Callaghan indicated that they received funding from Lincoln Financial, a grant for $2,000 and had also applied for a grant from the NH Humanities Council.
Mayor Bouley asked where individuals would find out about the events for the Concord Reads program. Ms. Babczak responded that the information will be posted on the city’s website at concordnh.gov/library. She noted that the event information is not listed on the website at this time but will be added as dates are confirmed.
Councilor Lemieux inquired whether the book is available anywhere else besides the library. Ms. Callaghan indicated that the book is also available at the local bookstores.
Councilor Nyhan inquired whether there is any information available for the upcoming summer program for children. Ms. Babczak responded that this year’s program is an Australian theme which begins June 22nd.
- Consent Agenda Items –
Action: Mayor Bouley indicated that item 45 is an item from himself and Mayor Pro Tem St. Hilaire regarding the City Manager’s evaluation and asked that item 45 be moved to the June 23, 2008 Council meeting. He noted that the City Clerk would be forwarding the contract this Friday for Council’s review. Councilor Nyhan moved approval of the consent agenda with item 45 moved to the June 23, 2008 meeting. The motion was duly seconded and passed with no dissenting votes.
Referral to Community Development
10. Communication from the Disabilities Rights Center, Inc. requesting a license to place a sign on City property.
Referral to the Parking Committee
11. Communication from Lynda Gagne regarding the current policies regarding parking tickets within the City of Concord.
Items tabled for a June 23, 2008 Public Hearing
12. Resolution fixing and determining the amount of money to be appropriated by the City of Concord for the fiscal year 2009 ending June 30, 2009.
13. Resolution amending the amount of money to be appropriated by the City of Concord for the fiscal year 2009 ending June 30, 2009. (To be submitted under separate cover)
14. Resolution closing and completing certain capital projects; rescinding appropriations and returning funds to their sources; and transferring, reappropriating or otherwise making remaining balances available for future purposes; together with report from the Senior Accountant/City Internal Auditor.
15. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization, by amending Schedule I of Article 1-5, Fees, Fines, and Penalties, sewer rates.
16. Resolution amending the Fiscal 2009 City of Concord budget and appropriating the sum of $29,520 for New Hampshire Municipal Association dues.
17. Resolution amending the Fiscal 2009 City of Concord budget and appropriating the sum of $1,400 for Concord Chamber of Commerce dues.
18. Resolution amending the Fiscal 2009 City of Concord budget and appropriating the sum of $296,100 for Retiree Health Benefits.
Items Tabled for a July 14, 2008 Public Hearing
From the City Manager
Consent Reports
Consent Resolutions
34.
Resolution in recognition of
the Services of Joseph R. LaBontee.
(For presentation in July)
36. Resolution designating depositories for the City of Concord, New Hampshire for the fiscal year 2009; together with report from the City Treasurer.
37. Resolution relative to short-term investment of excess funds.
38.
Resolution authorizing prepayment of 2008 taxes in accordance with
RSA 80:52-a.
39. Resolution transferring the sum of $20,820 from the Compensation Adjustment and $9,000 from Operational Contingency; together with report from the Deputy City Manager - Finance.
40. Resolution authorizing the City Manager to apply for the sum of $25,000 from the New Hampshire Division of Historical Resources Certified Local Government Grant program to be used to replace the slate roof at the Blossom Hill Cemetery; together with report from the Grants and Projects Specialist.
41. Resolution authorizing the City Manager to enter into a Land Lease Agreement with the Friends of Concord Crew, Inc., to construct a boathouse, ramp and floating dock on land in Water Front Park adjacent to the Everett Arena; together with report from the Business Development Coordinator. (Revised report and lease agreement submitted)
Consent Communications
42. Street closure request from Cathy Asmar for a neighborhood block party to be held on Saturday, July 19, 2008, rain date Sunday, July 20, 2008, Kimball Street between Carter and Pillsbury.
43. Street closure request from Nicole Armaganian for a neighborhood block party to be held on Saturday August 9, 2008 from 2:00 to 10:00 p.m., Hampton Street at Profile Avenue and Hampton Street at Rochester Lane.
Appointments
Action: This item moved to the June 23, 2008 Council meeting.
**End of Consent Agenda**
A. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 34, Classification and Compensation Plan, Article 34-4-7 Date of Increase, Merit Bonus; together with report from the Director of Personnel and Labor Relations. (5-13)
Action: City Manager Tom Aspell provided a brief overview explaining that this ordinance eliminates the lump sum merit bonus underneath the existing personnel rules program adding that this is in conformance with previous Council action.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
B. Resolution appropriating the sum of $17,944 from the Grant Repayment Account to utilized in the Community Development Advisory Committee emergency grant account; together with report from the Community Development Advisory Committee (CDAC) Committee. (5-14)
Action: City Manager Aspell provided a brief overview explaining that the Community Development Advisory Committee recommends the City Council appropriate $17,944 from the Grant Repayment Account to the CDAC emergency grant account so that in case that emergencies do arise, they have dollars to apply.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
C. Resolution appropriating the sum of $2,650 and transferring the sum of $2,650 from the Henry Kimball Trust for additional funding for the Library Automation Server Replacement, CIP Project #477; together with report from the Library Director. (5-15)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
D. Resolution appropriating the sum of $825,000 and authorizing the issuance of bonds and notes for CIP #84 Water Main Cleaning and Lining, South End; together with a report from the Associate Engineer. (5-16)
Action: City Manager Aspell provided a brief overview explaining that the improvements include the following streets: Badger, Dunklee, Gas, Gilmore, Humphrey, Kimball, Maitland, McKinley, Montgomery, Morton and Court Streets. He indicated that the project was designed in-house by staff with construction to begin this summer.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
E. Resolution authorizing the City to apply for the sum of up to $100,000 of Community Development Block Grant funds from the NH Community Development Finance Authority for costs related to the construction of a new sanitary sewer main and associated improvements to serve three homes on Tremblay Court; together with report together with report from Grants and Projects Specialist. (5-17)
Action: City Manager Aspell provided a brief overview explaining that the total scope of the improvements include removing the existing system, construction of a new sewer main within Tremblay Court and associated lateral connections to the three existing homes. He indicated that because of the scope of the construction, the existing roadway and potable water system will be fully reconstructed.
Councilor Lemieux inquired whether all three of these houses are owned by the occupants. Councilor Bennett confirmed that all three houses are owned by the occupants.
Councilor Bouchard inquired whether the houses were located on a city street. Mr. Aspell responded that they are located on a private street indicating that is why the city is applying for grants for this purpose. Councilor Bouchard inquired as to how this is different from the streets that were off of Airport Road that had water and sewer problems. Mr. Aspell responded that he was not familiar with that situation.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
F. Resolution authorizing the City to apply for the sum of up to $400,000 of Community Development Block Grant funds from the NH Community Development Finance Authority for costs related to three Concord nonprofits, Child and Family Services’ Camp Spaulding, the Salvation Army’s McKenna House and Merrimack Valley Day Care Services’ Fruit Street facility; as well as adopting the City’s Displacement and Relocation Plan; together with a report from Grants and Projects Specialist. (5-18) (Substitute resolution submitted)
Action: Councilor Lemieux moved to substitute the revised resolution with the one previously advertised. The motion was duly seconded and passed with no dissenting votes.
City Manager Aspell provided a brief overview explaining that there were three groups involved but that the Salvation Army is not eligible to apply due to a previous and still active grant. The two that are being applied for with a total of $330,000 include Child and Family Services and the Merrimack Valley Day Care Services. He indicated that Child and Family Services hopes to use the grant funds to build two new buildings on the Riverside campus and the Merrimack Valley Day Care Service hopes to use the funds to replace old and damaged fencing around the playground and repave the parking area at their Fruit Street location.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution appropriating the sum of $25,000 from the Mountain Green Capital Reserve Fund for the removal and replacement of a failed generator set at the Mountain Green Pump Station North, CIP #275; together with report from General Services. (5-19)
Action: City Manager Aspell provided a brief overview explaining that the existing generator is beyond repair and is being removed and replaced with a new energy efficient generator. He added that the money is coming from a reserve just for this purpose.
Mayor Bouley inquired how the reserve is funded. Mr. Aspell responded that the reserve is funded by the association itself.
Mayor Pro Tem Bouley inquired as to how much money is in the reserve. Mr. Howard, Deputy City Manager – Finance, indicated that he will get that figure for the action phase on this item.
Councilor Keach indicated that some of the individuals in this neighborhood have requested that if there are any left over funds remaining from the $25,000 that some attention be given to the fencing that surrounds the pumping station.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
H. Resolution appropriating the sum of $240,000 and authorizing the issuance of $240,000 in bonds and notes for odor control work at the Hall Street Wastewater Treatment Plant and reducing the appropriation and borrowing previously authorized for construction of grit removal system upgrades in the headworks area at the Hall Street wastewater treatment plant, CIP #104, by the same amount; together with report from General Services. (5-20)
Action: City Manager Aspell provided a brief overview explaining that fewer dollars are needed for the grit refurbishment project and more are needed for odor control improvements noting that the city is eligible for a 20 percent grant from the state for this project.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
June 9, 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 and passed with no dissenting votes.
Action: Councilor Blanchard 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 14 – 0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
52. Resolution authorizing the City to apply for the sum of up to $400,000 of Community Development Block Grant funds from the NH Community Development Finance Authority for costs related to three Concord nonprofits, Child and Family Services’ Camp Spaulding, the Salvation Army’s McKenna House and Merrimack Valley Day Care Services’ Fruit Street facility; as well as adopting the City’s Displacement and Relocation Plan; together with a report from Grants and Projects Specialist. (5-18) (Substitute resolution submitted)
Action: Councilor St. Hilaire moved approval of the substitute resolution. The motion was duly seconded and passed with no dissenting votes.
53. Resolution appropriating the sum of $25,000 from the Mountain Green Capital Reserve Fund for the removal and replacement of a failed generator set at the Mountain Green Pump Station North, CIP #275; together with report from General Services. (5-19)
Action: Councilor Lemieux moved approval. The motion was duly seconded.
Referencing Councilor Keach’s inquiry regarding the fencing during the public hearing, Mayor Bouley indicated that the money to improve the fencing around the pump stations had been adopted by a previous Council. He explained that the city had gone out to install new fencing and was asked to leave. He noted that the city then worked with the association to pick out appropriate fencing and the city is waiting for the association to pick out what they like.
Councilor Keach indicated that he was not aware that the money had been appropriated. He noted that he is a member of the association and will pass the information along to the individuals who inquired about the fencing.
In follow up to Councilor St. Hilaire’s inquiry during the public hearing phase, Mr. Aspell indicated that there is $370,000 in the account net of the $25,000 and doesn’t include interest this year.
The motion to approve passed with no dissenting votes.
54. Resolution appropriating the sum of $240,000 and authorizing the issuance of $240,000 in bonds and notes for odor control work at the Hall Street Wastewater Treatment Plant and reducing the appropriation and borrowing previously authorized for construction of grit removal system upgrades in the headworks area at the Hall Street wastewater treatment plant, CIP #104, by the same amount; together with report from General Services. (5-20)
Action: Councilor Bennett moved approval. The motion was duly seconded.
Councilor Lemieux inquired whether any of the appropriations made within the last three years actually resulted in any construction at this point. General Service Director Chip Chesley responded that the contracts have just awarded the contract and construction will begin soon.
The motion to approve passed 14–0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson, and Werner voting yes.
Consideration of Suspense Items
Action: Councilor Nyhan moved to consider the suspense items that were not previously advertised. The motion was duly seconded and passed with no dissenting votes.
6 Sus1 Street Closure Request
Street closure request from Cheryl Simmers, 17 Morton Street, for a
neighborhood block party to be held on Sunday August 3, 2008; rain date Sunday,
August 17, 2008.
Action: Councilor Lemieux moved approval subject to public safety and administrative requirements. The motion was duly seconded and passed with no dissenting votes.
6 Sus2 Referral to the Police
Department, Fire Department and General Services
Communication from Councilor Shurtleff on behalf of the Penacook
Historical Society requesting permission to allow vehicles to park along the
city owned access road to the Penacook Wastewater treatment plant during their
Civil War Days program to be held the weekend of
July 12 and 13, 2008.
Action: Councilor Blanchard moved to refer this communication to the Police Department, Fire Department and General Services. The motion was duly seconded and passed with no dissenting votes.
6 Sus3 To be set for a July 14,
2008 Public Hearing
Ordinance amending the Code of Ordinances, Title I, General Code;
Chapter 1, Government Organization, by amending Schedule I of Article 1-5, Fees,
Fines and Penalties; together with report from the Solicitor’s Office.
Action: Councilor Nyhan moved to set this item for a July 14, 2008 public hearing. The motion was duly seconded and passed with no dissenting votes.
6 Sus4 For presentation in July
Resolution in honor of Public Properties employee Jay Golden.
Action: Councilor Nyhan moved approval of the resolution. The motion was duly seconded and passed with no dissenting votes.
6 Sus5 Referral to Community
Development
Request from the Fraternal Order of Eagles requesting a permit to have a
handicapped ramp extend to the side walk at 36 South Main Street, Concord.
Action: Councilor St. Hilaire moved to refer this item to Community Development. The motion was duly seconded and passed with no dissenting votes.
6 Sus6 Referral to Community
Development - Engineering
Communication from Anne McCauley, Executive Director, Longyear Museum,
requesting that the City of Concord install concrete sidewalks on the block near
the Mary Baker Eddy Historic House at 62 North Sate Street instead of asphalt in
order to help keep the area more historic in nature.
Action: Councilor Lemieux moved to refer this communication to Community Development-Engineering. The motion was duly seconded and passed with no dissenting votes.
6 Sus7 Referral to Community
Development- Planning, the Planning Board and the Economic Development Advisory
Committee
Communication from Alex Moody requesting that City Council consider a
zoning change extending the CBP zone one lot south along Village Street to
encompass the property at 285-289 Village Street.
Action: Councilor Blanchard moved to refer this communication to Community Development-Planning, the Planning Board and EDAC. The motion was duly seconded and passed with no dissenting votes.
6 Sus8 Referral to the City
Solicitor
Communication from AutoServe Dealerships on behalf of Manchester Street
Businesses requesting a meeting with City Council to discuss the City of
Concord’s sign ordinance along with their suggestions regarding the same.
Action: Councilor Nyhan moved to refer this communication to the City Solicitor. The motion was duly seconded and passed on a voice vote.
Adjournment
The time being 7:50 p.m., Councilor Nyhan moved to enter into non-public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Scandia Hall, 14 Knight Street and a non-public session in accordance with RSA 91-A: 2 I (b) to discuss collective bargaining. The motion was duly seconded and passed 13-1 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Coen, Keach, Lemieux, Nyhan, Patten, St. Hilaire, Shurtleff, and Werner voting yes. Councilor Stetson voted no.
Following the non-public session, Councilor Stetson moved to set option two of the report, concerning provisions of the proposed Development Agreement between the City and Mark Carrier Construction for sale and redevelopment of Scandia Hall at 14 Knight Street which specifically pertain to environmental indemnification, for a public hearing at the July 14th Council meeting. The motion was duly seconded and passed with no dissenting votes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk
Colors: red blue gold red blue gold