| November 10, 2008 |
|
City Council Meeting
Minutes
November 10, 2008
Non public session in
accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Penacook
Tannery to follow the meeting.
City Council Chambers
7:00 p.m.
5. Approval of the October 14, 2008 meeting minutes.
Action: Councilor Lemieux moved approval of the October 14, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
6. Mayor Bouley presented a resolution in recognition of the services of Lieutenant Robert Chaisson. (10-39)
Action: City Manager Tom Aspell explained that one of the top priority goals that Council had set was economic development particularly the second and third stories of downtown in the opportunity corridor. He indicated that this is one of the final pieces that will be put in place to help keep downtown strong and continue economic development in the opportunity corridor.
Carlos Baia, Deputy City Manager – Development, explained that the fund was created from the repayment proceeds of the $3.4 million loan made by CRDC to the developers of the Grappone Conference Center. He added that the fund itself is designated to stimulate private sector investment within the opportunity corridor.
Stephen Heavener, CRDC Executive Director, clarified that the grant was funded by the Community Development Finance Authority through the state in which twenty percent of the money went to CDFA and $3.4 million had been loaned to the project. He added that the loan payment proceeds were split 2/3 and 1/3; 2/3 of the money comes to CRDC to capitalize that fund and 1/3 returns to CDFA for their operations. Mr. Heavener explained that the loan that was made to the project is a long-term loan at a fairly low interest rate so the money is not accumulating as fast a rate as it would with a standard loan and currently has $100,000 available within the fund. He explained that they are currently trying to focus on upper story renovation.
Councilor Black inquired as to what is currently going on in the upper stories on Main Street. Mr. Heavener responded that there are currently a lot of challenges with fire and safety issues. He indicated that the fund is a tool that might enable a project to reduce the overall cost of the development to help bring the project into a more marketable position. Referencing the building code and fire safety issues, Mr. Baia added that those were addressed somewhat directly or indirectly through the existing international building code and that one of the challenges that everyone has mentioned in a survey of what stops downtown upper story redevelopment has been life safety issues and code issues. He noted that it was felt that by adopting the existing building code, it gives added flexibility because it is realistic.
Councilor Black questioned whether there are developers showing any interest. Mr. Heavener responded that there have been interested developers but with the credit market the way it is currently he noted that they are in the evaluation stage. He noted that he speculates that until the market turns around it will give them time to reorganize the committee and brainstorm to help market the program and try to look at what the options are.
Councilor Shurtleff inquired whether the funding for the upper story renovation would extend to the Village of Penacook. Mr. Heavener explained that that is one of the reasons they want to convene the committee and that one of the items they would like to discuss is extending it to Penacook.
- Consent Agenda Items –
Action: Councilor Lemieux moved approval the consent agenda. The motion was duly seconded. Councilor Blanchard noted that she would like to make a correction on numbers 10, 22 and 23 within item 19. She pointed out that the date of January 5, 2008 contained within should read January 5, 2009. She indicated that the City Solicitor and City Manager were in agreement on this date. The motion, as amended, passed with no dissenting votes.
Items Tabled for a December 8, 2008 Public Hearing
From the City Manager
13. Positive Citizen Comments.
14, Council meeting date calendar.
Consent Reports
Consent Resolutions
Consent Communications
Appointments
38.
City Manager’s proposed appointments to the Library Board of Trustees.
Lisa Calgaard Sands
**End of Consent Agenda**
A. Ordinance amending the Code of Ordinances, Title V, Administrative Code, Chapter 35, Classification and Compensation Plan, Schedule D of Article 35-2, Class Specification Index; Sewer Maintenance Supervisor and Sign/Pavement Marking Supervisor; together with report from the Director of Personnel and Labor Relations. (10-15)
Action: City Manager Tom Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
B. Ordinance amending the Code of Ordinances, Title III, Building and Housing Codes; Chapter 26, Building Regulations, Article 26-8, Hazardous Buildings and Structures; together with report from the Fire Department. (10-16)
Action: Fire Chief Dan Andrus provided a brief overview explaining that they are proposing to take on a more pro-active approach to work with Code Administration, the Police Department and the Assessing Office to identify buildings before they become problems.
Councilor St. Hilaire inquired whether the symbols that are being proposed are some type of national standards in which other fire departments will understand the meaning of. Chief Andrus responded yes pointing out that this marking system is used nationwide.
Mayor Bouley asked how many buildings would be marked within the city. Chief Andrus responded that there are fifteen buildings at most within the city.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
C. Ordinance amending Code of Ordinances, Title I, General Code; Chapter 2, Finance, Article 20-1, Real Estate; together with a report from the Assistant for Special Projects. (10-17)
Action: City Manager Aspell provided a brief overview.
Councilor St. Hilaire inquired as to how the prices are set and further inquired that if the market crashes like it did, can these prices be readjusted. Assistant for Special Projects Matt Walsh responded that typically the city looks at what is owed in gross on the property. He explained that, in the case of the 115 North State Street property, the price was set in conjunction with the Finance Department, the Assessing Office and City Administration. Mr. Walsh provided a detailed overview of the four changes within the proposed ordinance.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
D. Report from the Solid Waste Advisory Committee in response to a communication from CenterPoint Church requesting a fee structure for solid waste removal be created to reflect the true costs of waste removal in the downtown area. (10-8) (10-31) (Supplemental report submitted)
Action: City Manager Aspell provided a brief overview.
General Services Director Chip Chesley indicated that a Solid Waste Advisory Committee member had recalled that the church had not been included within the downtown solid waste district and around 1993 the church had petitioned the Council to be included within the district.
Mayor Bouley declared the hearing open.
Five Minute Public Testimony
Dean Eggert, CenterPoint Church Board Member, provided the geographical location and history of the church. He noted that in 1993 the church was also operating a school on the premise of approximately 300 students with the athletic fields on Clinton Street. He indicated that at the time a lot of traffic was encountered when heading down North State Street and as a result of this traffic, citizens and students it became clear that they were going to generate a fair amount of trash and the church asked to be a part of the solid waste district. He pointed out that since the move of Concord Christian the church has not operated a school resulting in the reduction in the volume of trash generated. He indicated that the church had been approached by the city and was asked to become their disposal corridor and the property now is surrounded by seven large commercial dumpsters. He noted that the fundamental relief that the church seeks from Council this evening is to be excused from the district or some other form of equitable relief.
Councilor St. Hilaire inquired as to what the estimated fee would be for trash if the church is allowed out of this district. Mr. Eggert responded that as a typical user, they would not generate any more than any of the other churches within the city.
Councilor Nyhan inquired whether the money that would be saved would be put back into the church’s social outreach programs. Mr. Eggert responded that the church provides spiritual support to the community but the other part that has become an increasing and significant part of the ministry is that the church also runs a food pantry. He indicated that they are providing hundreds of meals per month and with the economic times have seen a tremendous uptake in the demand for the pantry. He explained that it would be direct budgetary relief.
Mayor Bouley indicated that he would like Mr. Eggert’s feedback to a question that had been posed to him this weekend “why is it that Council would give this particular non-profit a break on the trash when they have to pay?” Mayor Bouley explained that it is not based upon how much is generated but based on what the assessed value is. Mr. Eggert responded that the church is asking to be treated as a religious organization which would put them in a distinct category; the services that they provide are directly related back into the community.
Roy Schweiker, Concord resident, inquired whether the city has considered any other methods to charge for trash. He noted that he feels that this should be looked into before making a particular decision on this case. Referencing the six commercial dumpsters on the church property, he asked whether the city should be giving every property owner that has a dumpster some sort of break or credit.
There being no further public testimony, the Mayor closed the public hearing.
November 10, 2008 Public Hearing Action
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Stetson moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Nyhan moved approval. The motion was duly seconded.
Councilor Coen indicated that as he understands, the selling price is generated within City Administration along with the Finance and Assessing Departments. He inquired whether anyone looks at the current real estate market. City Manager Aspell explained that the minimum is trying to recover all of the city’s costs that were put into the property. He noted that those costs usually consist of demolition costs, hazardous waste clean up, and back taxes. He explained that the Assessing Department is brought into the process to look at what the current market is doing.
Referencing item two - the minimum sale price within the ordinance, Councilor Keach noted that the only part that strikes him as troublesome is the last line “the City Manager would have flexibility as such cases without having to seek Council’s approval thereby expediting the entire process”. He inquired whether there is a need for that presumably low number to come back to Council. Mr. Aspell responded that he wouldn’t have any problem bringing something back for Council to look at.
Councilor Nyhan’s motion passed with no dissenting votes.
Action: Councilor Bennett moved to remove the CenterPoint Church from the downtown solid waste removal district. The motion was duly seconded.
Councilor Bennett noted that the CenterPoint Church is the only church within this district. He pointed out that within a half mile of this building there are six churches outside of the district. He noted that he feels that this is a fairness issue and that paying $565 a month to throw away twelve to fifteen bags of trash is a bit excessive. He added that he feels that the committee needs to go back and look at this district and make any necessary changes to the district.
Referencing the report, Councilor Werner pointed out that it indicates that if the church was relieved of their current charge, the other properties in the district would incur an increase of approximately two percent. He inquired as to the average increase in terms of dollar amounts. General Services Director Chip Chesley responded that given the wide variety of assessment within the district it is hard to pick out what the average amount would be.
Councilor Coen inquired whether there is a consistent fee charged to the other churches within the city. Mr. Aspell responded that the city does not pick up trash for the churches unless they are within the district. He explained that there is a small cart system in which they would pay the city to pick up the trash on this program.
Mayor Bouley indicated that the committee is looking at how the city deals with trash overall within the city and part of that is looking at the downtown solid waste district. He noted his curiosity as to how the lines had been drawn originally. Mr. Chesley responded that the lines had been drawn as far back as 1982 and, through staff research, were last revised in 1993. Mayor Bouley inquired whether 1993 had been the only revision that has taken place. Mr. Chesley responded yes as far as staff can determine.
Councilor Blanchard indicated that she is in favor of removing the CenterPoint Church from the downtown solid waste district. She indicated that she fails to understand how the city can justify passing that cost on to other businesses. Mr. Chesley explained that it is not an extra cost indicating that the basic premise for the downtown solid waste removal district is that there is a cost for providing services to all the properties geographically located within that boundary. He indicated that the city secures collection disposal contracts for these properties and the property owners’ work collaboratively amongst themselves to locate the dumpsters and the total costs isn’t proportionately charged to all the members. He added that if a member leaves the district, the cost doesn’t necessarily leave the district and the remaining businesses in the district would possibly sustain an increase in their monthly fee of about two percent.
Mayor Bouley indicated that he was sympathetic to the Church’s request but concerned about amending the boundaries that clearly make no sense without taking the time to review the total district. Mayor Bouley referred to attorney offices that were within the district while attorney offices across the street were not. He further noted that other non-profits were currently within the district as well.
Councilor Bennett indicated that paying $500 per month for approximately 12 bags of solid waste seemed unjustifiable.
Councilor Lemieux noted that everywhere there are people paying who are paying more for removal of their trash than the services their receiving. He noted that he feels that when the city establishes policy based on exception, it is not establishing good policy. He indicated that he will be voting against the motion.
Councilor Nyhan indicated that the Solid Waste Advisory Committee will be taking up the issue of looking at the district in different ways to make it more equitable.
There being no further discussion as raised hand vote on the motion was taken. To clarify action a roll call vote to remove the CenterPoint Church from the downtown solid waste district passed 8 to 7 with Councilors Bennett, Black, Blanchard, Coen, Nyhan, Patten, St. Hilaire, Werner voting yes. Councilor Bouchard, Mayor Bouley, Councilors Keach, Lemieux, McClure, Shurtleff and Stetson voted no.
Comments, Requests by Mayor, City Councilors
Mayor Bouley thanked all the election officials and the City Clerk’s Office for all the work they did on election day.
Councilor Shurtleff congratulated the Merrimack Valley High School Field Hockey Team and their coach, Kim Kenney, for their undefeated season and winning the state field hockey championship.
Councilor Coen indicated that it is nice to see the progress being done on Fisherville Road and North State Street.
Consideration of Suspense Items
Councilor Nyhan moved to suspend the rules to consider items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
11 Sus1 Referral to Code
Administration
Communication from Bob Crosby expressing his concerns with activities in the
vicinity of the Moose Club at the intersection of Prospect and North State
Street.
Action: Councilor McClure moved to refer this item to Code Administration. The motion was duly seconded.
Councilor St. Hilaire asked that this item also be referred to the Police Department. Councilor McClure noted her agreement.
The motion to refer this item to Code Administration and the Police Department passed with no dissenting votes.
Adjournment
The time being 8:15 p.m., Councilor Nyhan moved to enter into non-public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Penacook Tannery. The motion was duly seconded and passed 15-0 with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.
Councilor Bennett moved to seal the minutes of the non-public session. The motion was duly seconded and passed. Councilor Bennett moved to come out of non-public. The motion was duly seconded and passed. Councilor Shurtleff moved to adjourn the meeting at 9:15 p.m. The motion was duly seconded and passed with no dissenting votes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk