| March 10, 2008 Meeting Minutes |
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City Council Meeting
Minutes
March 10, 2008
Non public session in
accordance with RSA 91-A: 2, I (b) to
discuss
collective bargaining/labor negotiations,;
non public session in accordance with RSA 91-A: 3, II (d) to discuss contract
negotiations, Penacook Grocery Store and non-public session in accordance with
RSA 91-A: 3, II (d) to discuss property acquisition, Concord Public Library to
be held following the meeting if time allows. Non-public sessions will be
tabled for discussion on March 17, 2008 if necessary.
City Council Chambers
7:00 p.m.
Action: Councilor Lemieux moved approval of the February 11, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor McClure moved approval of the February 19, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Councilor Patten presented a resolution in recognition of the services of F. James Rowe.
Referencing the non-public sessions, Mayor Bouley asked that Council consider recessing these sessions to next Monday night, March 17th at the end of this evening’s meeting. Councilor Lemieux moved to hold the non-public sessions noted on this agenda March 17, 2008 at 7:00 p.m. The motion was duly seconded and passed with no dissenting votes.
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 with item 25 removed for discussion at the end of the agenda. Councilor Nyhan moved to remove item 24 for discussion at the end of the agenda. Councilor St. Hilaire added item 24 to his motion. The motion was duly seconded to remove items 24 and 25 for discussion at the end of the agenda and passed with no dissenting votes.
Referral to the Parking Committee
8. Communication from TJ & Patty Chandonnett, 3 Shaw Street Penacook, requesting permission from the City to park at the end of Shaw Street, a dead end street within the City.
Items Tabled for an April 14, 2008 Public Hearing
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.
Consent Resolutions
Consent Communications
Appointments
Martin Ringo
**End of Consent Agenda**
A. 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) (2-44D, 2-48)
Action: City Manager Tom Aspell provided a brief overview explaining that this is the second public hearing on this resolution.
Mayor Bouley opened the public hearing. There being no public testimony, the
Mayor declared the hearing closed.
B. Resolution modifying the Elderly Exemption for the City of Concord pursuant to the provisions of RSA 72:27a; together with report from the Director of Real Estate Assessments. (2-13) (Supplemental memo from the Director of Real Estate Assessments submitted)
Action: City Manager Aspell provided a brief overview explaining that the only change is a recommended increase in the current income for single persons from $26,000 to $29,000. He added that this item is recommended by the Tax Exemption Committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
C. Resolution modifying the Elderly Exemption amounts for the City of Concord and maintaining the Blind Exemption amount at its current level pursuant to the provisions of RSA 72:27a; together with report from the Director of Real Estate Assessments. (2-14)
Action: City Manager Aspell provided a brief overview.
Councilor McClure pointed out that the Tax Exemption Committee voted not to decrease exemption amounts if the average change in the assessments for those property owners receiving the elderly exemption amounts decreases. She inquired that if Council accepts this report, they are not accepting this as policy of the Council. Mr. Aspell responded that Council votes on this item every year. Councilor McClure questioned whether this was just for this year. Mr. Aspell explained that Council votes on this every year and, in essence, is only in place for this year.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
D. Ordinance amending the Building and Housing Codes; by adopting the 2006 International Existing Building Code; together with a report from the Building and Code Services Division. (2-15) (Statement in support of this ordinance from the Economic Development Advisory Council submitted)
Action: City Manager Aspell provided a brief overview explaining that within the Mayor’s Task Force report that came forward a few years ago, a series of items had been looked at in terms of how can the city improve the economic development downtown. He indicated that one of those was creating flexibility within the existing code and as they apply to existing structures. He added that he feels that this will be very valuable as it comes to the redevelopment of existing properties in downtown Penacook and downtown Concord.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
E. Ordinance amending the Building and Housing Codes by adopting the 2006 Editions of the International Building Code and the International Residential Code; together with a report from the Building and Code Services Division. (2-16)
Action: City Manager Aspell provided a brief overview explaining that this is to keep up with the State of New Hampshire building and fire codes.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
F. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance, Article 28-7, Access, Circulation, Parking and Loading and Article 28-8, Non-conforming Lots, Uses and Structures; together with report from the Code Inspector. (2-17)
Action: City Manager Aspell provided a brief overview indicating that this is proposed to look at existing parking requirements. He explained that as uses come forward for existing buildings, instead of requiring them to go to the Zoning Board of Adjustment for variances it allows for greater flexibility within the ordinances. He thanked Councilor Keach for bringing some of this to staff’s attention in terms of the best way to approach this.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
G. Resolution authorizing the expenditure of an additional $620,000 and authorizing the issuance of $420,000 in bonds and notes and authorizing the transfer of $200,000 from wastewater fund capital projects for the design and construction of odor control facilities for the solids treatment area at the Hall Street wastewater treatment plant; together with report from the General Services Director. (2-18) (Revised resolution and report submitted)
Action: City Manager Aspell provided a brief overview pointing out that there is a revised resolution and report reducing the request from $620,000 to $510,000.
General Services Director Chip Chesley provided an overview of his report.
Councilor Blanchard noted her concern that the work is just beginning inquiring what was done with the $1.2 million and what work has already been done if at all. Mr. Chesley responded that when this was first started, $1.2 million was raised to do the preliminary study work and some of the preliminary design work and at that time this was the estimate to do the construction work. He indicated that in retrospect, the $1.2 million should not have been raised back then but had to progress in an orderly fashion to get to this point and to get the work completed. Councilor Blanchard inquired whether this item was in addition to the $1.2 million. Mr. Chesley indicated that to be correct. Councilor Blanchard inquired that if the work had been done sooner would additional money need to be appropriated. Mr. Chesley responded that some portions of the increase may be due to cost increases due to inflation but indicated that more has to do with issues discovered during the final design that weren’t well understood during the feasibility study.
Councilor Keach inquired as to what capacity the plant operates at and what the life expectancy of a facility like this is. Mr. Chesley explained that plants are designed for twenty and fifty year life expectancy and further explained that the city’s plant was designed for a nominal ten million gallons per day of flow in which currently operates approximately four million gallons per day. Councilor Keach inquired in regards to ongoing maintenance and modifications. Mr. Chesley responded that there are some operational costs associated with the plant such as chemical scrubbers and chemicals that are consumed during the operation. He added that the cost of operational expenses is approximately $30,000 a year.
Referencing cuts in the budget, Councilor Lemieux inquired whether this project is subjective to this kind of examination and whether this could be put off for year or two questioning what the consequences would be. City Manager Aspell explained that this is an enterprise fund and would not affect the tax rate in any way. Referencing the staff report, he explained that it indicates where the dollars are coming from. Mr. Aspell indicated that if this project was to be delayed, it would not affect the tax rate or taxpayers in any way it would only affect the rate payers of the water and the sewer system. He noted that he feels that it is one of the most important projects in the city that needs to be addressed.
Councilor Blanchard questioned whether the plant is indeed operating at forty percent. Mr. Chesley responded that the nominal design of the plant, as he understands, is ten million gallons and the plant currently receives four to five million gallons. Councilor Blanchard inquired whether the odor is coming from the plant because it’s not operating at capacity. Mr. Chesley responded no indicating that it may have been a reason in the past.
Councilor Blanchard moved to substitute the revised resolution with the one previously submitted. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
H. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 17, Vehicles and Traffic; Article 17-4, Operation of Motor Vehicles; Section 17-4-1, Stop Required Before Entering a Through Street; Schedule V, Stop Intersections, Spruce Street, Downing Street and Pierce Street; together with report from the Traffic Operations Committee. (2-19)
Action: City Manager Aspell provided a brief overview explaining that staff had received a communication from Gregory Roy at 41 Downing Street which pointed out the fact that both Spruce Street and Pine Street are designated school walking routes, requesting that the city install stop signs and crosswalks.
Mayor Bouley opened the public hearing.
Public testimony
Roy Schweiker, Concord resident, indicated that the city is trying to become greener and not to pollute the air and suggested that the city should be looking at more places to install yield signs rather than stop signs. He explained that any time a vehicle stops, it emits pollutants into the air.
There being no further public testimony, the Mayor declared the hearing closed.
I. Resolution authorizing the issuance of bonds and notes in the amount of $375,000 for demolition of the Penacook Mill as well as other activities pertaining to redevelopment of the former Allied Leather Tannery Complex; together with report from the Assistant for Special Projects. (2-20)
Action: City Manager Aspell provided a brief overview explaining that the recommendation is to move ahead with the demolition of the Penacook Mill.
Councilor Shurtleff thanked Matt Walsh, Assistant for Special Projects, for all the efforts he has made to try to save the mill.
Councilor Lemieux inquired whether there was an estimate of the value of the property today as it is today along with an estimated value of the property after demolition. Assistant for Special Projects Matt Walsh responded that given the cost to remove the building and contamination under the building, his suspicion is that the property currently has a negative value. He indicated that with the completion of the clean up and removal of the building the property may have a value of approximately $500,000 to $600,000. Mr. Walsh noted that a real estate appraisal may be done before the city goes out and markets the property for negotiation purposes.
Councilor St. Hilaire inquired whether staff had looked into whether any parts could be salvaged and whether this is economically feasible specifically the front square tower area. Mr. Walsh responded that staff had explored this possibility but the structural engineer for the city recommended that because the building has deteriorated to its current condition that it all be removed. He explained that to mitigate some of the historic concerns that have come forward, it is planned to save a certain amount of cut granite stone, beams, tanning drums as well as the 1846 keystone that is in the tower.
Councilor Coen questioned as to what would happen if the city did nothing. Mr. Walsh responded that the sight would remain as it is now and added that he could not envision a scenario where a developer may be willing to come in and take the property as it currently is and move forward with it. He indicated that the property would remain fenced off and the building would continue to fall down. Mr. Walsh further expressed concerns with possibility that the asbestos roofing on the building could become airborne requiring the city to fund removal at that point.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
J. Ordinance amending the Code of Ordinances, Title IV, Zoning Codes; Chapter 28, Zoning Ordinance; Article 28-2, Zoning Districts and Allowable Uses; Section 28-2-3, The Zoning Map; together with report from the Planning Board in response to a request from Richard Uchida requesting the rezoning of a portion of a parcel off Loudon Road near the Exit 3 interchange for I-393 from medium density residential (RM) district to a gateway performance (GWP) district. (1-9) (2-21)
Action: City Manager Aspell provided a brief overview explaining that the Planning Board is unanimously recommending that the Council amend the zoning map as requested by Attorney Uchida.
Mayor Bouley opened the public hearing.
Public Testimony
Attorney Maria Dolder, Crisp, Barrett & Uchida, noted her support for the Planning Board’s recommendations.
There being no further public testimony, the Mayor declared the hearing closed.
K. Resolution appropriating the sum of $24,200 from a New Hampshire Division of Historical Resources Certified Local Government Grant to be used to identify and survey all extant farmsteads; together with report from the Heritage Commission. (2-22)
Action: City Manager Aspell provided a brief overview explaining that this was an available grant which requires no city match. He noted that the grant would be used to identify and survey all extant farmsteads, defined as farmhouses with outbuildings and at least ten acres of surrounding open space within city limits.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
L. Resolution appropriating the sum of $189,000 for Police Special Duty Services; together with report from the Deputy City Manager - Finance. (2-23)
Action: City Manager Aspell provided a brief overview.
Councilor Blanchard inquired whether this is money that is paid for police on special duty at construction sites or paid by companies. Mr. Aspell indicated that to be correct. Councilor Blanchard further inquired whether this special duty increases an officer’s salary which would increase the benefits. Mr. Aspell indicated that to be correct noting that it also includes the city’s coverage so that any additional contributions that the city would have to make are also part of the money coming in.
Councilor Lemieux inquired whether all the details are just within the city or whether they are also in other communities. Mr. Aspell responded that he is not familiar with a time that officers need to go outside the city for special duty. Referencing road safety during construction projects, Councilor Lemieux inquired whether these would be outside of Concord. Mr. Aspell indicated that he is not familiar with any that is outside the city.
Councilor Stetson indicated that he has seen Concord police vehicles in Allenstown and Pembroke on special duty.
Councilor St. Hilaire added that the Loudon Speedway uses officers across the area.
Referencing retirement, Councilor Keach questioned whether the payments are based on the top three earning years. Mr. Aspell indicated that to be correct. Councilor Keach asked if it was correct that these overtime details contribute to a net cost to the city. Mr. Aspell explained that those dollars were included in those three years or the three highest years, then it could impact that.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
M. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 17, Vehicles and Traffic; Article 17-4, Operation of Motor Vehicles; Section 17-4-1, Stop Required Before Entering a Through Street, Schedule V, Stop Intersections, School and North Fruit Street; together with report from the Traffic Operations Committee.
Action: City Manager Aspell provided a brief overview explaining that this item has come before Council several times over the last three years. He indicated that the reports included a history of the requests.
Mayor Bouley declared the hearing open.
Five minute public testimony
Roy Schweiker, Concord resident, spoke in opposition of the proposed ordinance noting that he feels that this intersection is a bad place to install a stop sign because it is at the foot of a hill in both directions.
Susanne Richardson, 143 School Street, apprised Council in the increase of the traffic within this intersection. She stated that she does support the effort to enable Ms. Fuller and all pedestrians to be able to cross safely at this intersection. Ms. Richardson indicated that if a stop sign in fact becomes the chosen means of making this possible, that she has concerns with vehicles in any type of inclement weather and heavy traffic during certain times of the day. She indicated that she hopes that the city considers, if they make the change, having police support at the initial time of installation to draw awareness to it and to help with individuals ignoring the stop and to have plenty of signage to notify individuals of an upcoming stop sign.
Laura Beeson, 15 Kensington Road, indicated that her point this evening is that once Council is done with this decision that it not distract or obscure the much larger issue of the deterioration of safety in the neighborhood, the deterioration of life in the neighborhood, and the risk to the children and pedestrians.
There being no further public testimony, the Mayor declared the hearing closed.
N. Ordinance amending the Code of Ordinance, Title V, Administrative Code, Chapter 30, Boards and Commissions, Section 30-30-15, Airport Advisory Committee. (2-44H, 2-52)
Action: City Manager Aspell explained that the next few public hearings are changes to committees.
Mayor Bouley noted that this ordinance adds one City Councilor to the membership of the committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
O. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 4, City-Owned Property; Article 4-5-3, City Forest Advisory Committee. (2-44I, 2-53)
Action: Mayor Bouley noted that this ordinance deletes the City Forest Advisory Committee explaining that Planning had indicated that this committee does not meet and is not needed.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
P. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 5, Public Works, Article 5-7, Solid Waste Removal District. (2-44J, 2-54)
Action: Mayor Bouley explained that this ordinance deletes the downtown district combining it into one district under the Solid Waste Advisory Committee.
Referencing section a within the ordinance, Councilor McClure questioned whether it was intended that the area of the city bounded and described on the map to be designated as the Solid Waste Advisory Committee. She inquired whether committee should be replaced with district. Mayor Bouley clarified that it should be district rather than committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
Q. 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. (2-44K, 2-55)
Action: Mayor Bouley indicated that this ordinance establishes the Solid Waste Advisory Committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
R. 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. (2-44L, 2-56)
Action: Mayor Bouley explained that all the changes to this ordinance occur in the first section, under the membership.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
S. 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. (2-44M, 2-57)
Action: Mayor Bouley explained that this ordinance adds membership from the general public to the committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
T. 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. (2-44N, 2-58)
Action: Mayor Bouley explained that what is being achieved in the ordinance is to have a membership which is more reflective of what the city is trying to achieve but making it a citywide parking committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
U. 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. (2-44O, 2-59) (Revised ordinance submitted)
Action: Councilor Nyhan moved to replace the revised ordinance with the one previously submitted. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley explained that this came forth several years ago with an incident within the community. He noted that the committee had a large membership and it is his understanding, after speaking to members of the committee, that it had not met in over eighteen months. He pointed out that to give this committee more direction, this ordinance changes the mission and the charge of the committee and also clarified some of the membership.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
V. 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. (2-44P, 2-60)
Action: Mayor Bouley explained that this was an existing committee established by ordinance and that the mission of the committee is being combined into the Transportation Policy Advisory Committee.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
W. Ordinance amending the Code of Ordinances, Title V, Administrative Code; Chapter 30, Boards and Commissions, Article 30-3-1, Transportation Policy Advisory Committee. (2-44Q, 2-61)
Action: Mayor Bouley explained that this ordinance establishes the Transportation Policy Advisory Committee and establishes the sixteen person membership. He noted that this committee will look at all different types of transportation throughout the city with some focus on trying to use some energy efficiency techniques for smart growth looking at sidewalk, bicycle and pedestrian safety as well vehicular traffic flow.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
X. Resolution establishing an Energy and Environmental Policy Committee. (2-44R, 2-62)
Action: Mayor Bouley explained that this was in follow up to what the previous Council had done by signing on to the US Mayor’s Climate Change Initiative. He noted that this is an outreach between Council, city government and the community to bring everyone together to look at what can be done to be a leader within the community and state, to develop a climate action plan for the city, to look at practices within the city, and to follow through and reach out to businesses and residents as to what can be done to reduce energy consumption.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
Y. 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) (2-44S, 2-63)
Action: Mayor Bouley clarified that this committee had been adopted in January and that this ordinance is a revision to that because the previously adopted ordinance had contained the provision that members would be compensated noting this revised ordinance states that members “shall serve without compensation”.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
Z. 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. (2Sus1) (Revised report and map submitted)
Action: City Manager Aspell provided a brief overview explaining that this resolution amends the resolution that was passed in January. He explained that staff worked closely with Councilor Blanchard and that there is an attached map pointing out that a part of this zone would impact downtown Penacook. Mr. Aspell noted that the Economic Development Advisory Council has recommended that Council add this to the RSA 79-E designation.
Councilor McClure inquired whether all can be done this evening. Mr. Aspell indicated that to be correct.
Councilor St. Hilaire moved to replace the revised map with the one originally submitted. The motion was duly seconded and passed with no dissenting votes.
Mayor Bouley opened the public hearing. There being no public testimony, the Mayor declared the hearing closed.
AA. 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. (2Sus2) (Revised resolution and report submitted)
Action: Councilor McClure moved to substitute the revised resolution with the one originally submitted. The motion was duly seconded and passed with no dissenting votes.
City Manager Aspell provided a brief overview highlighting information contained within the report submitted to Council. He explained that this is money from surplus that is brought in at the end of the year for budget. He added that if there are not any additional storms, the money not used would lapse back into surplus and would not get spent.
Councilor Blanchard commended the General Services Department for the great job they have done this winter.
In relationship to the last 15 to 20 years, Councilor Coen inquired as to the impact of this year compared to the past. Mr. Aspell noted that in his estimation, he feels that this is the worst winter in thirty years. General Services Director Chip Chesley pointed out a statistic that when adding the snow fall totals of December, January and February it is the most snowfall Concord has ever received since keeping records in the 1800’s.
Mayor Bouley opened the public hearing. There being no public testimony, the
Mayor declared the hearing closed.
March 2008 Public Hearing Action
Action:
Councilor Nyhan moved
approval. The motion was duly seconded and passed on a voice vote.
Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Councilor McClure inquired whether the two exemptions could be separated into two motions noting that she supports the elderly exemption but not the blind exemption.
The elderly exemption passed with no dissenting votes.
The blind exemption passed on a voice vote.
Action: Councilor St. Hilaire 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 Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Action:
Councilor Nyhan moved approval of the revised
resolution. The motion was duly seconded and passed 15–0 on a roll call vote
with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors
Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson
and Werner voting yes.
Action:
Councilor Bennett moved approval. The motion
was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard moved approval of option 2. The motion was duly seconded and passed 15-0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson, and Werner voting yes.
Action: Councilor St Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Shurtleff moved approval. The motion was duly seconded and passed 14-1 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes. Councilor Nyhan voted no.
Action:
Councilor Stetson 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 moved to amend section two within the ordinance to include the sentence “this ordinance shall expire upon completion of the 2009-2010 school year and the stop sign shall be removed within ten days of this date”. The motion was duly seconded.
Councilor Blanchard noted her concern that the student in question would require more time than this to complete high school.
City Manager Aspell indicated that because it’s never known when someone is going to actually graduate, they would like it to go through the last possible timeframe which would be the 2013-2014 school year.
Councilor St. Hilaire recommended voting down the amendment and voting for the ordinance. He noted that at the appropriate time, if Council wants to revisit this they can bring this back to Council.
Councilor Lemieux explained that his intent was not to name any individual by name and to have this ordinance expire when the need for it expires. He indicated that if there was a need to extend it then it would need Council action but would not take action for this to expire because not doing so means that there are two unwarranted stop signs that will exist until some future Council takes an aggressive action to nullify the ordinance.
Mayor Bouley indicated that based on the report that he received; there were good ideas on traffic calming in the area that came out of the neighborhood meeting and feels that they will be followed up on. He noted that he does not feel that the amendment is necessary at this time and a future Council can repeal this if it becomes necessary.
The motion to amend failed on a voice vote.
Councilor Lemieux indicated that he has spent some time investigating how installing these two stop signs would help a blind person cross this particular street and found much discussion on the internet about blind people and advocates speaking against stop signs because of the negative effects they have on blind people. He inquired as to why Council is trying to resolve the problem when it’s not known whether the ordinance will actually resolve the problem. He indicated that this should be weighed against the negative affects of installing another pair of unwarranted stop signs and the safety impacts this would have on the rest of the traveling public.
Councilor Bouchard indicated that she would be voting in favor of the ordinance noting that she feels that the advocates for this individual have requested that these two stop signs would be very helpful and if it is found that these stop signs are a deterrent to public safety then Council can come forward and readdress this.
The motion to adopt the ordinance passed on a voice vote.
Action: Councilor Bouchard 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: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Councilor McClure moved to amend the ordinance so that within section a in 5-7-2, the area of the city bounded and described on the map to be designated as the Solid Waste Advisory District rather than the Solid Waste Advisory Committee. The motion was duly seconded and passed with no dissenting votes.
The ordinance, as amended, 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 with no dissenting votes.
Action: Councilor Nyhan 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 Shurtleff moved approval of the revised ordinance. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouchard moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouchard moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouchard moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bouchard 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 Blanchard noted that she feels that this was a case of where downtown Penacook was left out of the original proposal for the tax relief incentive and this is including downtown Penacook in that proposal.
Mayor Bouley inquired whether this encompasses more than just the downtown. Councilor Blanchard indicated that this was recommended by Ken Lurvey, Business Development Coordinator, based on the development.
Councilor St. Hilaire explained that the members of EDAC had looked at this map and with consultation with Councilor Blanchard, the zones were expanded. He indicated that EDAC felt that it was prudent to expand the economic vitality especially across the Contoocook River.
The motion to approve the resolution passed with no dissenting votes.
Action: Councilor Nyhan moved approval of the revised resolution. The motion was duly seconded.
Mayor Bouley thanked the General Services staff for all the work they have done this winter.
Councilor Bennett also thanked the General Services staff. He indicated that he had called regarding the posting of Laurel Street and thanked Jim Major for the prompt response.
Referencing the recent threat of roof collapses due to the heavy snow, Councilor Blanchard thanked the Fire Department for advising people and going around the city checking public and private buildings.
Mayor Bouley indicated that he had the chance to speak to Fire Chief McGinley this evening and the efforts that he has put in with the schools as well as everyone else is truly outstanding and thanked the Fire Department.
Reports
Action: City Manager Tom Aspell provided a brief overview explaining that at a previous Council meeting he had stated that as positions open up, staff will be looking at determining whether or not they can be filled with part time individuals. He indicated that this is a case in which staff believes that this full time Administrative Specialist III position can be reduced to a part time Administrative Specialist III and a part time accountant position. He explained that more focus is needed on accounting and that additional responsibilities have been transferred to the City Manager’s office. Mr. Aspell noted that this reduction would save the city approximately $8,000 to $20,000.
Councilor McClure inquired whether this position was currently filled. Mr. Aspell responded that it is currently vacant.
Councilor Nyhan moved to
accept the report. The motion was duly seconded and passed with no dissenting
votes.
Action: City Manager Aspell provided a brief overview of the staff report dated February 27, 2008 explaining that the Fiscal Policy Advisory Committee is recommending a 5.4 percent tax rate increase from last year which would not include 2 percent in the street paving program essentially keeping the 4 percent for the street paving program the way it is. Referencing the chart from the earlier report, Mr. Aspell indicated that the gap was $3.8 million and by making the target 5.4 percent, this would generate approximately $1.5 million. He noted that since this time a few things have occurred noting that up through December, the city’s interest income received on investments was performing as expected as was motor vehicle registrations and since that time, those numbers have both decreased precipitously. He indicated that for this coming year, the city had anticipated a number frozen compared to what it was this year noting that staff sees this number going down for the first time in a long time by approximately a half a million dollars. He further indicated that the investment interest income is going to go down quite dramatically because the Federal Reserve keeps reducing those rates impacting the city by bringing in approximately $700,000 to $900,000 less income. He pointed out that with these two numbers, the 5.4 percent tax rate target recommendation from the Fiscal Policy Advisory Committee is being eaten up by the slumping motor vehicle sales and the reductions in the interest income. Referencing page 3 of the report, Mr. Aspell provided Council with a detailed overview of the chart.
Referencing motor vehicle revenue, Councilor Black inquired whether this is expected to go up. Mr. Aspell responded that it is believed that it will go up next spring, a year from now. He noted that individuals are keeping their cars longer and when they do purchase a vehicle they are either buying a used vehicle or a smaller vehicle which generates less motor vehicle registration fees.
Councilor McClure moved approval of the report with the recommendation of the 5.4 percent tax rate target. The motion was duly seconded and passed on a voice vote.
Action: Councilor Stetson took rule six on this item.
Councilor Shurtleff moved to table this item. The motion was duly seconded.
Councilor Shurtleff indicated that the joint legislative committee is working diligently on the problems facing the New Hampshire Retirement System. He noted that he had spoken to a committee member today who had indicated that they are still receiving amendments to propose legislation. Councilor Shurtleff noted that he feels that before the city joins in any suit it would be in the best interest of the city to wait until it is known what issues, if any, will negatively impact the city.
The motion to table passed 9-4 on a show of hands vote. Councilor Stetson and Councilor Bennett took rule six.
Action: Mayor Bouley explained that Council is required by charter to perform an evaluation of the City Manager and to come back in April to publicly state what the outcome is. He noted that he has appointed the members that had served on this committee last year and added that if any other Councilor wishes to serve on this committee, to let him know.
Councilor Nyhan moved approval of the report. The motion was duly seconded and
passed with no dissenting votes.
New Business
Unfinished Business
Action: City Manager Aspell asked that Council accept the supplemental report which would allow staff to purchase a new fire prevention staff vehicle replacing a 1989 vehicle.
Councilor Coen moved approval of the supplemental report. The motion was duly seconded and passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Councilor McClure indicated that she was interested in the correspondence by Mr. Yearke, info item 8, noting that she understands that he volunteers to this to assist the General Services Department. She thanked him for taking the time to prepare a thorough report and give his expertise in this area.
Councilor Blanchard indicated that she was just notified during break that the equipment is going to be at the tannery to begin working on the demolition either tomorrow or Wednesday.
Comments, Requests by the City Manager
Consideration of items pulled from the consent agenda for discussion
Item 25 was pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Nyhan indicated that in light of this evening’s budget discussion, he didn’t know if spending $176,000 on sidewalks is an appropriate use of money. He noted that he was going to suggest that this item is tabled until the budget process and reconsider it at that point of time.
City Manager Aspell responded that as this project was being done, it appeared that there are some gaps that need to be filled and this was an opportunity to do this. He indicated that these types of funds need to be used for highway or sidewalk purposes. He added that if this work is to be done then now may be the time to do this work.
City Engineer Ed Roberge explained that this has gone through several public meetings and was one of the sections of the project where staff looked at bidding it with the available funds but fell short with the funds that were designated for the Manor Road project area. He indicated that when this segment, which was 2008 dollars that were earmarked for sidewalk construction, became available staff felt that it was most appropriate to complete the project that is active today. He added that these funds are targeted for highway and sidewalk improvements.
Councilor Stetson questioned whether these are funds that have already been appropriated and the funds are just being moved into this project. Mr. Roberge indicated that to be correct.
Councilor Blanchard inquired whether this will include the section on Fisherville Road. Mr. Roberge responded that that is a separate project and is included under the North State Street/Fisherville Road Corridor. He added that project is a separate design and program that will be constructed this year.
Councilor Nyhan inquired whether these appropriated funds could be used to repair the road and sidewalks that otherwise would have to be used by 2009 dollars. Mr. Roberge indicated that he would need to look into this noting that he is not sure whether there are any limitations on maintenance use or new infrastructure use.
Councilor Shurtleff noted that he appreciates Councilor Nyhan’s diligence to bringing this to Council’s attention indicating that he will be voting against the suggestion because of the dire need of sidewalks in this area.
Councilor Black noted his agreement with Councilor Nyhan explaining that he feels that there are higher priorities than sidewalks.
Councilor Coen questioned as to where these sidewalks would be located. Mr. Roberge responded that this particular sidewalk would be the southern limits of the Abbott Road construction. He indicated that what is currently programmed in this particular project is sidewalk along Manor Road between Fisherville Road and the intersection at Borough Road and that section of Borough Road all the way down to the intersection of Manor Road and Abbott Road and extending southerly along Abbott Road toward Beaver Meadow School. He explained that there is a section of sidewalk that was bid as an alternate because it was unsure whether there would be enough funds to complete the project. He indicated that they were short in funds and that is why it is being suggested to use these dollars to finish this last effort.
Councilor Coen inquired regarding the status of the roundabout. Mr. Roberge responded that the roundabout is actually a requirement to mitigate traffic impacts for the Oxbow Bluffs subdivision. Mr. Roberge noted that the roundabout will likely be included within the 2009 construction season timeframe. Councilor Coen inquired whether the sidewalk would need to be torn up to construct the roundabout. Mr. Roberge responded that staff is working around the limits of the roundabout so that this does not need to be done.
Councilor Bouchard moved acceptance of the report. She noted that the sidewalk is a completion of the project that has begun and is also a public safety issue because it is located within a school zone. She noted her support this item and the completion of the project because it is doing a lot for public safety.
Councilor Bouchard’s motion to accept the report was duly seconded.
Councilor Nyhan indicated that it is his understanding that the children in this area do get bussed to school and do not walk.
Councilor Black inquired as to the cost of this sidewalk construction. Mr. Roberge indicated that the construction estimate based on the bidding was just under $150,000 and likely some management dollars.
The motion to accept the report passed on a voice vote.
Action: Councilor Lemieux explained that he feels that the report is closely connected to item 11 on the agenda, the public hearing scheduled next month. He asked that the report be considered at the same time as the public hearing.
Councilor Lemieux moved to combine this item with item 11 on this agenda. The motion was duly seconded and passed with no dissenting votes.
Consideration of Suspense Items
Councilor Stetson moved to consider the suspense items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
3 Sus1 Resolution in recognition of the
services of Firefighter Martin Jorgensen.
(For presentation in April)
Action: Councilor Stetson moved to approval of the resolution. The motion was duly seconded and passed with no dissenting votes.
3 Sus2 Referral to City
Administration
Communication from Rick Watrous requesting the city investigate possible
wrongdoing relating to an investigation into CCTV by the Rules Committee.
Action: Councilor St. Hilaire moved to refer the communication to City Administration. The motion was duly seconded.
Councilor Nyhan noted that this issue has been brought up many times and he does not feel that City Council or city staff needs to address this issue again. He indicated that he will be voting against the referral.
Councilor Bouchard concurred with Councilor Nyhan indicating that she will also be voting against the referral.
Councilor Stetson moved to table this item indefinitely. The motion was duly seconded.
Mayor Bouley noted his agreement that this issue has been brought up on numerous occasions and indicated that this is a correspondence from a resident and that if the questions in the correspondence are addressed maybe the issue will move on.
Councilor St. Hilaire pointed out that the correspondence does raise a valid point which is something that the Rules Committee tabled last year and he is just looking for some resolution on this. He explained that this is why he referred this item for a response. He noted that despite what Council feels about this issue, many of the issues have been addressed but there was at least one item tabled by the last Rules Committee.
Councilor Patten took rule six because he hosts a show on Concord TV.
The motion to table indefinitely failed on a voice vote.
The motion to refer the communication to City Administration passed on a voice vote.
Adjournment
The time being 9:34 p.m., Councilor St. Hilaire moved to recess the meeting until Monday, March 17th for the purposes of entering into non public session in accordance with RSA 91-A: 2, I (b) to discuss collective bargaining/labor negotiations; non public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Penacook Grocery Store and non-public session in accordance with RSA 91-A: 3, II (d) to discuss property acquisition, Concord Public Library. The motion was duly seconded and passed on a voice vote.
A true copy; I attest:
Michelle Tiffany Deputy City Clerk