| May 12, 2008 Meeting Minutes |
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City Council Meeting
Minutes
May 12, 2008
Non public session in
accordance with RSA 91-A: 2 I (b) to discuss collective bargaining, non public
session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations,
Penacook Grocery Store, non-public session in accordance with RSA 91-A: 3, II -
to discuss the City Manager's Evaluation and non-public session in accordance
with RSA 91-A: 3, II (a) to discuss the compensation of the City Manager
following the meeting.
City Council Chambers
7:00 p.m.
4. Pledge of Allegiance.
Action: Councilor Nyhan moved approval of the April 14, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Councilor St. Hilaire moved approval of the April 21, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Action: Firefighter John Moretto was not present to receive the resolution.
Action: Jim Pressure, Director of the Concord Regional Solid Waste Resource Recovery Cooperative, provided Council with an update of what is happening with single stream recycling with the cooperative. He explained that the new technology of recycling is single stream in which all the containers are put into one barrel and taken to a new facility where all the separation is done mechanically. He noted that single stream recycling is when all recyclable materials go into one container and do not need to be separated. He added that single stream recycling is more efficient; easier for the homeowner and businesses. Mr. Pressure explained that the cooperative is investigating the possible construction of a single stream facility for $11 million; need more recyclable materials than the co-op communities can provide which is approximately 10,000 tons from outside the 27 communities that make up the cooperative; are viewing four building sites within the co-op including two within the City of Concord; it will be a publicly owned facility and probably privately operated and will process 25,000 tons a year to start. He explained that if they decide to go ahead in May, it should be in operation sometime in January 2010. In closing, he pointed out potential benefits for the city and other co-op members including potential profit sharing; payment for delivering the materials; increased recycling rates; and reduced costs to transfer stations. He explained that the co-op will be working with another public entity and is a not-for-profit situation.
Councilor Black inquired whether businesses benefited from this. Mr. Pressure responded that there is potential.
Councilor Blanchard questioned where this would fit with the current curbside recycling program. General Services Director Chip Chesley responded that single stream recycling will make it easier for the homeowner. He explained that the city’s work is performed by a contractor who picks up the recycling placing cardboard in one part of the truck and the containers in another part of the truck noting that with single sort the contractor places the material in truck without separating. Referencing curbside recycling, Mr. Chesley indicated that other communities with single sort recycling are picking up approximately 250 pounds per household which is double to what Concord is currently doing. He noted that the city provides trash services to multi-families as residential properties in which other communities think of these as commercial properties. He pointed out that because of financial constraints, the city cannot offer those residential properties recycling. Mr. Chesley indicated that a pilot program had been set up at Oak Bridge Condominiums to see how it would work with 6 ten yard dumpsters and that they are likely to take three of these dumpsters out of service replacing them with single stream containers noting that there will be a dramatic reduction in solid waste that they are generating by taking the recyclables out. In response to Councilor Black’s question as to whether businesses would benefit from this, Mr. Chesley explained that the city has done some pilot work with the downtown solid district working with them since February indicating that it is too early to tell as to what the increase in volumes will be.
Councilor Blanchard noted her confusion with the profit sharing and revenue to the city for the single stream compared to the contractor currently benefiting from recycling. Mr. Chesley explained that when the city began recycling, the city didn’t have ready access to a market and constructed the contract for the contractor to come pick up the recyclables with it being the contractor’s responsibility to market it and arrive any benefit from that and would be reflected within their price. He indicated that if the co-op were to proceed with a single stream facility here in Concord, the contract would change in that it would be the contractor’s responsibility to pick up the recyclable materials and bring it to the co-op’s recycling facility very similar to the existing contracts currently in place with the solid waste contract. Councilor Blanchard inquired whether the city would have to pay the contractor more because they would not be selling the recyclables. Mr. Chesley responded that it’s too early to tell indicating that the initial thoughts are what the savings that the city may realize in collection may be offset by the revenues that the contractors no longer going to receive.
Councilor McClure inquired as to what the size of the facility would be and how it compares with the traffic generated by the city’s current trash to energy plant in terms of truck traffic. Councilor McClure questioned whether this would be a non-profit. Mr. Pressure indicated that, yes, the co-op is non-profit and is a subdivision of the State of New Hampshire. He indicated that the size of the building is 65,000 square feet, 35 feet high at the eaves and would include offices within the facility. He noted that there would be approximately 185 to 225 trucks on a daily basis. Councilor McClure indicated that it had been mentioned within the presentation that this type of recycling increases recycling levels and inquired as to where this data comes from. Mr. Pressure pointed out that this technology is not new and has been in existence for 10 to 12 years on the west coast and has moved this way. He indicated that history can be received from Oregon and California and that the 225 pounds that had been referred to for residents is pretty solid.
Referencing correspondence received from Hopkinton and Webster taking a position against this, Councilor Lemieux inquired as to the down sides of single stream recycling. Mr. Pressure indicated that from what he understands is that Hopkinton and Webster do not feel prepared to make a decision and feel that they are being forced into making a decision that they are not quite ready to make yet. He explained that Hopkinton and Webster run a transfer station together and is a well run facility and the changes that single stream would require at the facility, they are not ready accept and they are not required or being forced to do this.
Mayor Bouley pointed out that a reference had been made that the current membership of the co-op would not generate enough recyclables and inquired as to what has been the response when they met with other communities. Mr. Pressure responded that he has had two meetings with 25 communities showing up and indicated that half of the communities have sent back letters of interests. Mayor Bouley inquired as to what is being asked of Council this evening. Mr. Pressure indicated that he hopes that the city would consider having the representative support this also as moving forward.
General Services Director Chip Chesley indicated that the co-op is meeting next Tuesday and are at the stage where they will be making a presentation to the members. He noted that from a staff’s perspective, single stream makes a lot of sense given the increased cost that the city will be faced with solid waste disposal with short term future.
Councilor Keach inquired that if single stream recycling generated enough participation within the city would it be anticipated that there will be a point where it will have a net positive economic effect because tipping fees would be reduced by a certain amount. Mr. Chesley responded that that was a hard question to answer right now explaining that is what is driving the city right now is that the solid waste costs are going to be increasing in the future. He explained that the solid waste is brought to the waste and energy plant and the city pays a tip fee and they sell energy and this is how it is economically viable. He added that this is anesthetized by a rate that the power companies have to purchase this power and this rate disappears in 2019 so the city and other communities need to work forward as much as they can to reduce the amount of solid waste generated.
Councilor Black inquired whether they see single stream someday including trash. Mr. Pressure responded no.
Councilor Blanchard asked if it was a reasonable expectation that the city could recycle forty percent of trash without having a pay per bag program. Mr. Pressure responded that the literature that he has read indicates that sixty percent of waste is recyclable adding that the co-op’s and state’s goal is forty percent. Mr. Chesley added that there are two things that increase recycling: to make it as easy as possible to the individual and to provide economic incentives.
Councilor St. Hilaire indicated that it had been stated that the co-op is a not for profit entity but they have $11 million to build the facility and have grown based on their operations. He noted that if it is indeed a not for profit, after their expenses that money would go back to the co-op members and inquired that if communities move to single stream is there going to be any guarantee that all this money will be distributed to the members that use the facility rather than keeping several million dollars. Mr. Pressure questioned whether he was referring to the revenue from the recycling facility. Councilor St. Hilaire noted that one of the selling points is that members of the co-op will receive a share of the profits but if $11 million was held all this time, this was a share of profits that was not distributed to the members. Referencing a facility in Portland, Mr. Pressure explained that they had made a $600,000 profit in the first year and this $600,000 was divvied back to those communities on an equal basis. He indicated that the co-op would make sure they paid their costs and then what was left over would go back to the communities.
Councilor Nyhan noted that he feels that this is a good idea especially for the business community as well as to encourage recycling. Councilor Nyhan moved to support single stream recycling. The motion was duly seconded
Councilor Bouchard inquired as to what the city is being committed to with the motion. Mayor Bouley explained that the way he understands it is that it is a non-binding basic letter of support. He added that Council would be instructing the city’s representative, Mr. Chesley, whether the idea is opposed or supported.
Councilor Nyhan’s motion passed on a voice vote.
- 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 Lemieux moved approval of the consent agenda with items 36 and 38 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Transportation Policy Advisory Committee
Referral to the Solid Waste Advisory Committee
Items Tabled for a June 9, 2008 Public Hearing
17. 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.
18. 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.
19. 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.
20. 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.
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
39.
Resolution in recognition of the services of Lynn Labontee.
(For presentation in June)
40.
Resolution in recognition of the services of Madeline Weed.
(For presentation in June)
41. Resolution accepting the Windsor Square Proposal and directing the City Manager or his designee to draft a development agreement with the Siena Bodwell Joint Venture Group contingent upon successful disposition of +/- 3.43 acres of property currently owned by the State of New Hampshire (Tax Map 111E-1-12); together with report from the Deputy City Manager – Community Development.
42. Resolution authorizing the City Manager to apply for a New Hampshire Department of Environmental Services Water System Security Needs Grant; together with report from General Services.
43. Resolution nominating the Old North Cemetery to the National Register of Historic Places.
44. Resolution authorizing the City Manager to submit an application to the Target & Blue Grant Program to provide supplemental funding for the 2008 National Night Out; together with report from the Police Department.
Consent Communications
45. Street closure request from the Concord Farmers Market Association asking that Capitol Street, from North State Street to North Main Street, be closed to vehicular traffic from 6:00 a.m to 1:00 p.m. from June 7, 2008 through October 25, 2008.
46. Street closure request from Cooper Waterman, Concord High Senior Class Treasurer, requesting that Shaker Road from the intersection at Pekoe Drive to the intersection of Snow Pond Road be closed to traffic on Thursday, June 12 from 5:30 p.m. to 8:30 p.m. for the Concord High School Prom.
**End of Consent Agenda**
A. Resolution authorizing the City Manager to accept and appropriate up to the amount of $55,000 from Concord Youth Hockey for the purpose of purchasing and having installed a refurbished dasher board system for the Everett Arena, CIP #64; together with report from General Services. (4-14) (Revised resolution submitted)
Action: City Manager Tom Aspell provided a brief overview explaining that Concord Youth Hockey has offered to provide the funds in exchange for holding their current rate for a three year period. He indicated that staff had looked in the out years of the capital budget of doing a new board that would come to $120,000 and were able to locate a refurbished set of dasher boards for just under $55,000. Mr. Aspell noted that the useful life of a refurbished dasher board system is 15 to 20 years. He indicated that staff recommends accepting these dollars and authorize staff to move ahead with the project.
Mayor Bouley declared the hearing open.
Public Testimony
Jeff Boucher, Concord Youth Hockey President, Bob LaChapelle, Concord Youth Hockey Vice President, Wes Riley Concord Youth Hockey Treasurer, and Chris Benoit, Concord Youth Hockey Vice President presented the city with a check for $50,000 which is the remainder of the bill after the sale of the old boards. Mayor Bouley was presented with a hockey jersey. Mr. Riley explained that the current boards have been in for at least fifteen or more years and take several hours to repair every summer to make them usable for the fall. He noted that money has been raised through fundraising over the past three years to help to refurbish the rink.
There being no further public testimony, the Mayor declared the hearing closed.
Councilor St. Hilaire moved to suspend the rules to take action on this item at this time. The motion was duly seconded and passed with no dissenting votes.
Councilor Bouchard moved to accept the donation and resolution as presented.
The motion was duly seconded and passed with no dissenting votes.
B. 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, Broadway and Rockingham Streets; together with a report from the Traffic Operations Committee. (3-9) (4-13)
Action: City Engineer Ed Roberge introduced Rob Mack the city’s new Traffic Transportation Engineer.
Mr. Roberge provided a brief overview explaining that this item had started several years ago as part of a neighborhood traffic initiative. He indicated that staff gathered traffic and accident data noting that there were problems here in terms of speed and accidents which prompted staff to look further to some stop controls. He explained that when staff looked at this area in 2006 it didn’t meet the warrants for multi-way stops and the recommendation at the time was not to install any stop controls at this intersection and staff would continue to study the intersection and corridor. Mr. Roberge highlighted some points within his report in regards to the neighborhood meetings that were held in March and October 2007. He indicated that the conclusion of this resulted into a recommendation plan with a three step process recommending that Council adopt the ordinance change for the four-way stop; look at including some of the improvements in the upcoming CIP which includes some sidewalks and curb layout; and keeping the program in for the South Main Street and Broadway intersection in 2012.
Councilor Blanchard inquired whether reducing the speed limit is being considered. Mr. Roberge responded that based upon the speed in this area, they are approaching the ten mile range above the speed limit, somewhere between 38 to 39 mph. He explained that studies in the past particularly with federal highway suggests that by posting a reduced speed limit, this may not give the affected result that the city would like noting that staff would suggest other mechanical opportunities to look at instead of simply just posting the speed limit.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Patricia Lodi, 29 Rockingham Street, noted that traffic goes past her house on an daily average speed of 40 to 45 mph indicating that she never sees police enforcement within this area. She explained that since the State Office Park moved some of their offices into the old press building on Donovan Street traffic has increased considerably in the neighborhood. She expressed her concerns with the danger around her house noting that on three different occasions vehicles ended up in her yard this past winter. She indicated that she would like to see this intersection signalized and see a higher police presence within the neighborhood.
Roy Schwieker, Concord resident, noted that speed is an issue within this neighborhood and indicated that he feels that the signs indicating travel speed would be beneficial in this area and maybe help to slow vehicles down. He indicated that he would like the city to make four-way stops carbon neutral suggesting that every time the city creates a new one they ask the new Traffic Transportation Engineer to find one in the city that has outlived it’s usefulness and remove it.
Bethany Brenner, 151 Broadway, noted that she feels that slowing traffic down at the intersection Rockingham and Broadway is an excellent idea but her biggest concern is the impact that this will have for the four driveways that are between Rockingham and South Main Street. She explained that as it is presently, especially during the busier hours, there is a back up from South Main Street down Broadway and sometimes just before Rockingham Street. She inquired whether this concern had been included within their study.
Dr. Jody Fine, 150 Broadway, spoke in support of the four-way stop signs noting that she does understand the concerns regarding the details and does want something that everyone in the neighborhood feels good about. She indicated that her main concern is safety noting that there have been six or seven accidents that have landed within her yard.
Ken March, 149 Broadway, spoke in support of the four-way stop signs. He indicated that he is not sure as to how much impact this will have as far as backing traffic up and making it difficult to get out of driveways but feels that it will be a benefit to slow the traffic down.
Anthony Tenczar, 33 Rockingham Street, noted his concern with the speed in the neighborhood and monitoring of this in the future. He spoke in support of the stop signs. He indicated that he feels that the location/placement of speed limit signage may need to be looked at more carefully. Mr. Tenczar indicated that the State of Texas uses a graduated speed table that allows emergency vehicles to pass and it may be possible that the city cannot entertain this type of solution here because of snow removal.
Ruth Ann Herbert, 26 Rockingham Street, noted that she feels that a lot of the issue is with vehicles coming from South Main Street down to Broadway, using it as a pass through. She noted her concerns with the speed of vehicles within the neighborhood indicating that she has never seen the police monitoring vehicle speeds on Rockingham Street. Ms. Herbert indicated that she feels that the proposed stop signs will make a difference and noted that she would also like to a three-way stop at Donovan and Rockingham Street which would cause vehicles to stop again before getting to Broadway.
There being no further public testimony, the Mayor declared the hearing closed.
C. Resolution appropriating the sum of $1,510,000 and authorizing the issuance of bonds and notes for CIP #35, Route 3 Corridor (North) improvements; together with a report from the City Engineer. (4-15)
Action: City Manager Aspell asked whether Council could open public hearing D with this item at the same time. Council did not object to opening public hearing C and D together.
Mr. Aspell provided a brief overview explaining that the project is the first phase of the next set of construction for Fisherville Road, Village Street and North State Street. He indicated that the priority one section is Bog Road to Borough Road noting that the engineer’s estimated cost for phase one is approximately $1.4 million and approximately $386,000 for phase two. Mr. Aspell explained that there are dollars for phase one now available for $1.5 million and by taking these other dollars in and rescinding the authorization for that project the city can come up with $1.5 million. He explained that when Council appropriated money in this capital budget for this project it was approximately $1.375 million so there is not enough under the existing CIP item to do this phase one so this is why he asked Council to hear both these items at the same time by taking these other dollars Council can match them in with the $1.375 million and then there will be enough to do this phase of the project.
Referencing item D, Councilor Lemieux inquired whether this money was left over due to some work that was not completed that was planned to be completed. Mr. Aspell responded that all the work that was planned to be completed will be done explaining that this is money that is left over based on the estimates on the cost of that project. Councilor Lemieux inquired whether this overage was known at the time the bids were open. Mr. Aspell responded that this is money that was already borrowed and would be used for another purpose. He explained that there are two ways to do this: 1) not to borrow it to begin with or 2) its already borrowed and now it will be used for another purpose.
Mayor Bouley declared the hearings open for items C and D. There being no
public testimony, the Mayor declared the hearings closed.
D. Resolution rescinding $225,000 appropriated and authorized to be borrowed by resolution number 8062, North State Street Corridor Improvements, CIP #300, adopted August 13, 2007. (4-16)
Action:
This public hearing was taken with public
hearing item C.
E. Resolution appropriating the sum of $477,800, authorizing the issuance of bonds and notes in the amount of $329,300 and accepting the amount of $148,500 from the US Department of Housing and Urban Development – Economic Development Initiative (HUD-EDI) grant for improvements to White Park, CIP #51; together with a report from the City Engineer. (4-17) (Public testimony from Janice and Melvin Severance asking City Council to reconsider the use of the ball field at White’s Park as well as their opposition to the addition of additional “hot top” at the field). (Additional public testimony in support of the proposed changes at White’s Park submitted)
Action: City Engineer Ed Roberge provided a brief overview explaining that this is the implementation of phase one of White Park. He highlighted the history of these proposed improvements contained within his report to Council. Mr. Roberge explained that, in 2007, staff presented an option to Council to fund at least the first phases looking at a multi-year phasing opportunity so there were funds earmarked in the CIP in 2007 and 2008 of which this evening Council will be asked to appropriate these funds. Mr. Roberge indicated that the site plan had recently been approved by the Planning Board and the Architectural Design Review Committee. He provided a brief overview of the site plan.
Recreation Director David Gill added that every user had been notified throughout the process.
Councilor Blanchard inquired that if a parking lot is going to be installed on a wet area whether there will be the need to do drainage work. She further inquired whether it would have been possible to do the drainage work to dry out the ball field. Mr. Roberge responded that either element would require additional fill and drainage improvements. He explained that the intent of the master plan with the user groups was to get the parking scheme out of the middle of the park. Councilor Blanchard inquired whether the area in which there is currently parking will be incorporated into the rest of the green area. Mr. Roberge indicated that he believes that the difference will be dramatic with getting the parking out of the middle of the park and creating more green open contiguous area.
Councilor Nyhan inquired as to how many parking spaces are currently at White Park compared to the number of parking spaces being proposed. Mr. Roberge responded that the spaces are not currently striped out because of the nature of the surface indicating that there are approximately 86 existing spaces with no spaces for accessible parking. Mr. Roberge indicated that the proposed plan has 88 spaces with handicapped parking.
Councilor Coen inquired whether there was ever consideration in looking at parking around the perimeter of the park itself, for example, head in parking on the streets and if so why was this rejected. Mr. Roberge responded that a lot of time was spent talking about this and explained that in most of the right of ways in the perimeter of the park itself are fifty feet right of ways. He noted that what is difficult with thirty feet of pavement, a five foot grass strip, and a five foot sidewalk is that it occupies all of the right of way area so this would not be able to support head in parking. He indicated that angled parking could be looked but the trade off would be the possibility of having to convert White Street into a one-way street. He noted that because of the nature of the angled parking if the head in parking was put in northbound it would need to be on the right side of the street where all the driveways are and if the head in parking was along White Street, it would need to be heading southbound making circulation within the neighborhood difficult and the park would be difficult to get into because individuals would route around other streets. Councilor Coen inquired how this plan impacts the ongoing operation of the park itself as far as maintenance and costs going forward. Mr. Gill responded that there will be some savings on efficiencies such as General Services having to pump the baseball field dry when the field is wet. General Services Director Chip Chesley indicated that the area is wet and General Services is there quite often with pumps to try to dry out the fields. He noted that improvements to the drainage at the park long term will indeed improve efficiencies.
Councilor Black inquired as to where the new green space will be located. Mr. Roberge pointed out the proposed new green space on the map.
Mayor Bouley indicated that one of the concerns that someone wrote into the newspaper was the elimination of the T-ball field. He pointed out that within the plan there is a bus turnaround area and inquired, that if there was not a bus turnaround and reserved spaces on the street for busses, whether there be enough space to create a small T-ball field. Mr. Gill responded that it would be a practice T-ball area explaining that the current T-ball area is not a regulation little league field.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Gary Ford, Concord resident, stated that the little field is utilized especially during the summertime indicating that it would be a disappointment to lose it but would like to see the big field get improved. Referencing the plans for a new field in Garrison Park in the future, Mr. Ford asked that Council consider pushing this forward earlier in compensation to losing a field within the league.
Mayor Bouley inquired about the summer league. Mr. Ford indicated that it is a summer league baseball program that began in 1998 for children ages 8 through 12. He explained that they are just organized pick up games for the children. Mayor Bouley inquired as to how many games are typically played. Mr. Ford responded that there were six teams last year and each team plays a twelve game season during the summer.
Councilor Coen questioned whether the field is used during this time of the year. Mr. Ford indicated that it’s not being used right now due to the condition that it is in.
Councilor McClure inquired as to when the field at Garrison Park scheduled to be completed. Mr. Ford responded that he wasn’t given an accurate date.
Nick Wallner, Concord resident, indicated that soccer games have been cancelled many times due to the poor condition of the fields and the city had been concerned that the games would cause damage to the fields. He noted his concern with the current layout explaining that balls have been kicked into the parking lot many times making this a safety hazard. Mr. Wallner indicated that he feels that the new configuration addresses this issue.
Molly Castaldo, Concord resident, noted that she feels that the plan for the improvements will be a terrific benefit to the park. She indicated that she was glad to hear that staff integrated the suggestion that the trail in the new park be designed so that one can circumnavigate the park without walking through the parking lot.
Sophia Castaldo, Concord resident, indicated that when she walks her dog through the parking lot to get to the park, she is concerned that vehicles will not see them. She noted that she feels that the new design will make many pedestrians feel safer.
Janet Schofield, 59 Little Pond Road, indicated that she had attended many of the neighborhood meetings on the master plan and that she is very excited about the design. She noted that her main issue is with young children having to walk in the parking area of park to get to certain sections within the park.
Averill Cate, Legion Baseball, noted that he feels that the park is in dire need of a baseball field and in favor of this plan. He explained that the field has sunk due to drainage issues. He indicated that in the 50’s Concord High was able to get onto this field in the middle of April for their varsity baseball games and now the field cannot be used until June. He indicated that he feels that moving the parking lot is a plus because baseballs are always coming off of the field and hitting vehicles in the lot. He indicated that Post 21 baseball is in complete favor of revamping White Park.
Erik Newman, Friends of White Park, noted their strong support for the proposed improvements. He explained that they have been actively involved in the selection of the design consultant and the realization of the master plan and this final plan proposal.
There being no further public testimony, the Mayor declared the hearing closed.
F. Resolution appropriating the sum of $47,500 from a NH Department of Environmental Services Water Supply Land Grant Program to acquire rights in land at 32 Lakeview Drive; together with report from the Conservation Commission. (4-18)
Action: Kit Morgan, Conservation Commission Chair, explained that the commission was approached in 2005 by the owner of this 47 acre parcel on Lakeview Drive about the possibility of placing this land in conservation. The commission felt this was worth pursuing particularly to protect the watershed being that the property is across the street from Penacook Lake. Mr. Morgan explained that they became aware of the state program, the water supply land grant program that provides partial funding to purchase watershed properties. He indicated that they pursued an application with the Department of Environmental Services and were successful in the process explaining that the state pays twenty five percent of the value of a conservation easement to protect the property which amounts to $47,500 of the appraised value of a conservation easement. Mr. Morgan noted that the goal is to protect the watershed and also to look for any opportunities in protecting open space to leverage other sources of funds so they don’t have to use strictly city funds and the conservation fund to protect open space. He noted that he does anticipate the property will have recreational use for hiking trails and connections with other large parcels of open space land that exists in this area when the transaction is completed. He indicated that the commission will have a public hearing this week on the use of the conservation fund to contribute to the city’s share of this proposal.
Councilor Coen questioned what the city will lose in tax revenue on the property. Mr. Morgan responded that he did not have that amount this evening explaining that the property is in current use so that the tax revenue currently is quite low.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Roy Schweiker, Concord resident, spoke in opposition to this proposal noting that he feels that the amount being paid is excessive and traditionally it’s discouraged not encouraged to use the city watershed area for recreational uses.
Councilor Black asked what the potential for development was for this property. Mr. Morgan responded that he was unsure as to how many lots could be created on it but it would be a limited number due to the fact that it is within the watershed area.
Councilor Keach questioned what the assessed value of the property was. Mr. Morgan responded that the assessed value in 2006 $188,000 and that the estimated appraised value $286,000. He added that an appraisal was done the conservation easement value which was $190,000 and the fee value of the property at $220,000 currently.
Councilor St. Hilaire inquired as to the potential to purchase the property outright. Mr. Morgan responded that this possibility will be discussed at the commission’s public hearing indicating that most of the members of the commission would favor this option as opposed to just purchasing an easement.
Councilor Nyhan questioned whether this property would be used for recreational purposes. Mr. Morgan responded that it is planned to be used to allow passive recreation. He explained that the land that is posted is on the other side of Lakeview Drive directly fronting on the reservoir.
There being no further public testimony, the Mayor closed the hearing.
G. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 19, Penalties; Article 19-2, Towing and Immobilization for Unpaid Fines; Section 19-2-4, Towing and Immobilization Authorized; together with report from the Parking Manager. (4-19) (Communication from Nancy Guilbault, East Side Drive, regarding proposed changes to the current municipal parking ordinances)
Action: City Manger Tom Aspell provided a brief overview explaining that the Parking Committee reviewed the recommendations of parking ordinances that were submitted by the Parking Manager for difference ordinances to apply. He explained that one of these was a recommendation to change the current boot and impoundment ordinance and add a fine for having a vehicle booted. Mr. Aspell indicated that the Parking Committee recommended adding this fine and setting it at $100.
Councilor Blanchard inquired as to how the message is relayed to the public that this is in place. Parking Manager Dave Florence responded that if this ordinance is approved this evening to take effect in July, staff would change all the boot notifications indicating that this will be in effect. He added that the notice would also be posted within the Police Department where people make their payments.
Councilor Nyhan questioned whether there had been any discussion to increasing the fine to $200. Mr. Florence responded that there had not been any discussion on this amount.
Councilor Lemieux inquired as to how many vehicles a year are booted in the city. Mr. Florence indicated that the range over the last three years have been 100 to 120 vehicles booted.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.
H. Resolution appropriating the sum of $110,000 and authorizing the issuance of $110,000 in bonds and notes for emergency repairs to the Penacook Wastewater Treatment system 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 by the same amount; together with report from General Services. (4Sus1) (Revised resolution submitted)
Action: City Manager Aspell provided a brief overview explaining that the work is eligible for a twenty percent grant from the state and the money is available in pro-forma to do this.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor closed the hearing.
I. 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) (3-32R; 3-50) (4Sus5)
Action: City Manager Aspell provided a brief overview explaining that this is a housekeeping change in the number of at-large members and the total membership of the committee.
Mayor Bouley declared the hearing open. There being no public testimony, the
Mayor closed the hearing.
May 12, 2008 Public Hearing Action
Action:
Action on this item taken after the public
hearing phase. This resolution passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Mayor Bouley asked if staff could provide an answer to the public testimony given by Bethany Brenner in regards to the impact this will have for the four driveways that are between Rockingham and South Main Street. City Engineer Ed Roberge indicated that the implementation of multi-way stops at the intersection will queue traffic and block some of the driveways. He noted that this concern had been discussed at the neighborhood meeting. He explained that the stop would also create gaps where there isn’t any gaps in the traffic.
Councilor Bouchard inquired whether it is possible to install signage that indicates no through trucking noting that there seems to be some concerns that trucks are using Rockingham Street as a short cut. Mr. Roberge responded that this had also been discussed at the neighborhood meeting indicating that there are some routes that are posted now but staff will re-inventory this to see if there are any areas that are missing any of the trucking.
Councilor Nyhan asked that Council support the ordinance explaining that the intersection has been very problematic especially over the last two years in which there have been numerous accidents. He noted that the general feeling of the neighborhood has been anything to try to make a fix here.
Councilor Shurtleff noted that there was a lot of testimony regarding the traffic and speed on Rockingham Street and questioned whether it would help to reduce the speed on this street to 25 mph. Mr. Roberge responded that staff would like to continue to monitor this area taking one step at a time. He indicated that Rockingham Street does need to be looked at and added that he feels that increased police enforcement would do well noting that there has been some good effected change in improvement on Broadway with this and by trying to control speed by other means on Rockingham Street.
Councilor Bennett indicated that he lives at the corner of a four-way stop in which vehicles used to come to a complete stop but now they just go through the stop sign. He stated that he just wants the residents in this area to know that this is going to be a fix indicating that it may work for a short time but eventually will go back to what it was. He noted that he feels that what is needed is more police enforcement in the area.
Councilor Coen indicated that he believes that as part of the restructuring in the Police Department it was proposed is that there is going to be more traffic patrols. He noted that he hopes that this will be one of the areas that the Police Department in which they do more enforcement.
Councilor McClure indicated that she was happy to hear that the larger trees will be able to be saved. She questioned whether there were still some trees that will need to come down with the four-way stop. Mr. Roberge responded no explaining that there are only two trees when heading southbound on Broadway approach on the right side nearest the intersection. He indicated that staff checked the manual on uniform traffic control devices and there is an option to put an advisory sign, an additional stop sign on the left side of the street which is not typically seen. He noted that in the cases of obscurity staff can look at this and where this is somewhat of an interim measure it will be looked at if it becomes a problem. Councilor McClure asked if the idea is to keep the trees at least until staff knows what the permanent solution is. Mr. Roberge indicated that to be correct.
Councilor Nyhan’s motion to accept the ordinance passed with no dissenting votes.
Action: Councilor Blanchard moved approval. 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 Lemieux moved approval. The motion was duly seconded.
Councilor Nyhan indicated that he had received many concerns from residents who maybe didn’t have the chance to participate in prior public hearings. He asked for more of an explanation from the City Engineer in regards to the parking issues. He noted that the only complaints that he received about the proposed project is the excessive number of parking spaces. Councilor Nyhan asked that the City Engineer explain the engineering or thought process that went into identifying the 92 parking space lot rather than something smaller. City Engineer Ed Roberge explained that the parking scheme itself was a result of the master plan and trying to match was what there as an existing inventory. He indicated that on a daily basis there may be thirty to forty vehicles in the lot and what is of particular note is for major events explaining that the plan is trying to accommodate the average and the peak demands giving everyone the opportunity to park safely within the area.
Mayor Bouley asked the Recreation Director to describe the practical use of the lot. Mr. Gill indicated that during the day when school is in session there are less users but during school vacation week there was an average of upper 50’s to mid 60’s every night of the week when the ball field wasn’t usable. He noted that during the summer there are over a hundred individuals using the park for the pools and the playground.
Referencing Garrison Park, Councilor Nyhan inquired to the cost to develop a little field park. Mr. Roberge responded that he believes that Garrison Park is included within the 2012 programmed improvements. He estimated that a ball park is approximately $200,000 depending on how extensive the fill section is, the clearing and the existing contour and topography of the ground.
Councilor St. Hilaire inquired as to when the improvements will be made if this resolution is passed this evening. Mr. Roberge explained that the project is ready to be bid and intend to release the bid package this week, open bids in mid-June and start construction by late June to be completed by December 31st.
Mayor Bouley inquired whether there was any possibility to do some maintenance to the baseball field to get some games on it this year. Mr. Gill responded yes indicating that he met with the Grounds Superintendent and the plan is to start on the baseball field this week.
Councilor McClure questioned where the summer group will end up being able to play if Garrison Park is not moved up sooner from 2012. Mr. Gill responded that this question was brought forth to the Recreation and Parks Advisory Committee a few months ago and the committee feels that there will be a possibility to use other fields within the city to meet their needs.
Referencing the report, City Manager Tom Aspell pointed out that the $477,800 is not enough money to finish phase one of the project. He indicated that the budget is going to have additional dollars in the 2009 budget for this explaining that if Council wants this phase done, it’s very important to keep these dollars in the budget.
Councilor Lemieux’s motion 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 McClure moved approval. The motion was duly seconded.
Councilor McClure reminded Council that all that is being done this evening is appropriating the grant that the city has received from the Department of Environmental Services. She noted that another landowner within this area has caused considerable destruction of the city’s water supply and indicated that she feels that it is good public policy to protect the watershed.
Councilor Coen noted that he is in favor of the resolution but wanted to recognize the fact that when the city does something like this, the city is reducing the revenue for taxes that the city receives for property.
Councilor Keach inquired as to why the landowner wouldn’t be subject to the ten percent penalty. Mr. Aspell responded that he was not familiar with the negotiation that went on with this item. Councilor McClure indicated that the ten percent penalty only occurs if there is a change in use explaining that this doesn’t constitute a change in use. She pointed out that the Conservation Commission has made a policy of paying landowners an appraised fair market value and no more than that.
Councilor McClure’s motion to accept the resolution passed with no dissenting votes.
Action: Councilor McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor McClure moved approval. 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 McClure moved approval. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: Mayor Bouley explained that in order to be in compliance with the City Charter Council is required, during the month of April, to meet with the City Manager to discuss his evaluation. He indicated that the choices are for satisfactory or unsatisfactory and this evening a motion will be entertained on this item. The Mayor noted that Council will be going into executive session to discuss the actual contract which would then come back to the Council for a vote in public at the June meeting.
Councilor Shurtleff moved for a satisfactory vote. The motion was duly seconded
and passed with no dissenting votes.
Action: Business Development Coordinator Ken Lurvey provided a brief overview of the North End Opportunity Corridor Tax Increment Finance District. He indicated that there are three actions that are being requested: 1) there is a remaining $410,000 from the original appropriation that was not spent to which direction is being sought from Council as to whether they would like to see this money used in expanding the district and possibly acquiring properties beyond the current boundary of the district; 2) deal with the excess of tax revenues that are generated indicating that $515,000 is needed to pay the bonds each year and are now generating over $1 million in tax revenues; 3) $50,000 was appropriated to allow for the exploration for the potential of expanding the district with the two primary expenses would be appraisals and environmental assessments explaining that the appraisals were done and the environmental assessments and they came in far in excess of the funds remaining in the account. Mr. Lurvey explained that the advisory committee is asking for some direction and whether Council would like to expand the district and consider expending those funds. He indicated that there are not enough funds to purchase more than one property and there are three properties that are potential candidates for acquisition including: the Ferns carwash/gas station; the former Agway property; the balance of the Holiday Inn property. He noted that if the Council were to consider negotiating through a buy then the district would need to be expanded. He further noted that the city would only be able to purchase one of the three properties with the $410,000 and if there were consideration to purchase all three properties, there would need to be additional appropriations and selling of additional bonds to do so. He indicated that if Council would like the North End Opportunity Advisory Committee to pursue expanding the district, the appropriate resolutions would be brought forth to Council to do so.
City Manager Aspell indicated that he feels that the NEOCTIF Advisory Committee has made several good recommendations. He noted that what is being looked for this evening is Council’s permission to move ahead and continue to explore expanding the district in which staff would come back to Council with discussions in non-public session and would require a great deal of public effort afterwards. Secondly, he indicated that Jim Howard and himself would talk to Council regarding the excess funds collected from the TIF district noting that in the past Council has made a large portion of those funds available to the general fund, the county and the Concord School District to keep the tax rates down and staff is recommending this once again to keep the tax rates down. Lastly, he asked that Council allow staff to go ahead to do one of the projects that had been discussed in the past which is look at doing a connection between Storrs Street and Constitution Avenue.
Referencing the connection between Storrs Street and Constitution Avenue, Councilor Coen inquired whether this would make this property more developable for the owners therefore it may not be necessary for the city to acquire the property. Mr. Aspell responded that the city owns one of the pieces of properties where the Coastal Concrete facility was and noted that there are three other pieces there and that staff would talk to the property owners to see whether or not it is worth the city acquiring. He indicated that staff would bring back to Council to discuss. Councilor Coen noted that he doesn’t see the city needing to acquire the property if the road is built. Mr. Lurvey explained that the Agway property and the Holiday Inn property is needed to make the connection. Councilor Coen questioned whether the properties would be acquired just for the road. Mr. Lurvey explained that they are long, narrow pieces and there wouldn’t be enough left over to develop with what is remaining on their properties. Councilor Coen asked why a private developer couldn’t purchase these parcels. Mr. Lurvey responded that they couldn’t be developed without the road being built and what would be left over from these properties would not be enough for stand alone development they would have to be assembled together.
Councilor Blanchard questioned whether the railroad would have to stay where it is. Mr. Lurvey responded that it does have to remain indicating that it may need to be realigned because it is a part of the high speed rail designated from Boston to Montreal. Councilor Blanchard inquired to the long range plans for the state buildings on Stickney Avenue. Mr. Lurvey indicated that the long range plans is for them to be demolished explaining that there was an agreement between the city, CRDC and the state for these to be transferred to the city and CRDC but the state has decided that until they know how wide they are going to widen I-393 and how much they are going to shift it to the west they don’t want to transfer that property yet. He added that before it is transferred, the state would be responsible for making sure it is environmentally clean.
Councilor Shurtleff moved to accept the report and the three proposals as outlined by the City Manager. The motion was duly seconded.
Councilor Lemieux noted that he feels that $10,000 is not enough to do an engineering study but too much to do a conceptual plan. He inquired why this couldn’t be done in-house. City Engineer Ed Roberge responded that he feels that it would need some base line survey and feels that the city has the expertise to do some in-house work if it’s simply a highway layout conceptual plan. Mr. Lurvey explained that the highway layout is looking at how to connect South Commercial and Constitution Avenue with Storrs Street and also what has to happen to the railroad. Councilor Lemieux indicated that the NH Department of Transportation has been planning improvements on I-93 which has been put on the back burner for the time being and inquired whether what the city is planning be appropriate and fit in with the state’s plans or back them into some corner in which they are not comfortable with. City Manager Aspell responded that the city designed I-93 for the state an option that the state adopted through the planning process. He indicated that the city’s strategy was to let the state build this connection for the city and now that it turns out that this project is going to be pushed back for years, the real question is should the city move out ahead on it’s own. Referencing monument directory signs on page two on the report, Councilor Lemieux inquired whether Council is approving that this evening. Mr. Lurvey responded no indicating that this was something that was being explored at the recommendation of Delta Dental and staff had came up with designs for signs that are not monumental.
Councilor Blanchard inquired whether the $10,000 would need to be appropriated if staff has indicated that this can be done in-house. Deputy City Manager – Development Carlos Baia responded that survey work would still be to be done so that there will still be expenditures outside of staff.
Councilor Shurtleff’s motion passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Mayor Bouley thanked the Chamber of Commerce for the new chairs in Council Chambers. He stated that no city dollars were spent on the new chairs.
Mayor Bouley indicated that when Council met during priority setting one of the items that had been discussed was the relationships with our federal delegation. He thanked the City Manager and his team for working with the federal delegation in securing the $148,000 from the US Housing Urban Development Economic Initiative.
Councilor Black thanked the Police Department for their report on City Council security.
Comments, Requests by the City Manager
City Manager Tom Aspell indicated that when Council receives their FY2009 budget at the end of the week, it is very important to look ahead to the FY2010 budget. Referencing House Bill 1645, he noted that this is an important issue and that in some fashion the city needs some help because a million dollar increase is being looked at in the FY2010 budget.
Councilor Bennett noted that Council has received a letter from Portsmouth to their senator and questioned whether it would be appropriate for the city to send one to Senator Larsen and members of the House Delegation.
Mayor Bouley indicated that he and the City Manager did reach out to Senator regarding the impacts and concerns in the community.
Consideration of items pulled from the consent agenda for discussion
Items 36 and 38 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Blanchard indicated that she has voted no for everything having to do with Langley Parkway and had pulled this item because she wanted the opportunity to vote no on this item as well.
Councilor Nyhan moved approval. The motion was duly seconded and passed on a voice vote with two dissenting votes.
Action: Mayor Bouley indicated that this was an item that was referred to the Recreation and Parks Committee based upon the changes that were made last spring. He commended that committee for doing a good job at taking a situation in which there was a host of fees and reaching out to every user bringing back a very comprehensive and thoughtful report which was adopted. He stated that he misunderstood in regards to Concord Babe Ruth and that this organization owes some of the responsibility in the sense that they did not attend the public hearing. He indicated that they had been grouped in with some of the adult baseball leagues at $25 per game and that he found out that they have a hundred games a season going from $50 to $2500. He asked Council to consider setting their fee at $500 which is the same fee that the little leagues play.
Councilor Nyhan moved to not approve the report and to assess a flat $500 per season fee to Concord Babe Ruth. The motion was duly seconded.
Councilor St. Hilaire indicated that he had received many concerns from several people regarding the fees. He stated that he supports the $500 flat fee to Concord Babe Ruth.
Councilor Nyhan’s motion passed with no dissenting votes.
Consideration of Suspense Items
Councilor St. Hilaire moved to consider the suspense item that was not previously advertised. The motion was duly seconded and passed with no dissenting votes.
5 Sus1 Referral to Engineering, the
Fire Department, the Transportation Policy Advisory Committee and the Recreation
and Parks Advisory Committee
Communication from Councilor McClure requesting an update on
negotiations with Saint Paul’s’ School as they relate to the retained public
right of way through their campus relative to the opening of Langley Parkway.
Action: Councilor McClure moved to refer this item to Engineering, the Fire Department, the Transportation Advisory Committee and the Recreation and Parks Advisory Committee. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 10:15 p.m., Councilor St. Hilaire moved to enter into non public session in accordance with RSA 91-A: 2 I (b) to discuss collective bargaining, non public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Penacook Grocery Store, non-public session in accordance with RSA 91-A: 3, II - to discuss the City Manager's Evaluation and non-public session in accordance with RSA 91-A: 3, II (a) to discuss the compensation of the City Manager. The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilor Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk