| City Council Meeting Minutes - October 14, 2008 |
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City Council Meeting
MINUTES
Tuesday, October 14, 2008
Non public session for legal consultation to take place after the Council
meeting.
City Council Chambers
37 Green Street
7:00 p.m.
Action: Councilor Bouchard moved approval of the September 4, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes. Councilor Lemieux moved approval of the September 8, 2008 meeting minutes. The motion was duly seconded and passed with no dissenting votes.
Action: Jackie Whatmough, Human Services Director, provided statistical information on the fuel assistance program. She noted that if individuals feel that they need fuel assistance they should call 225-6880 to make an appointment to see if they are eligible. She added that the New Hampshire Office of Energy and Planning has information for weatherization help and that the City’s Human Services can help with emergencies when there are no other resources.
Assistant for Special Projects Matt Walsh pointed out that there is an internal city program called the revolving loan fund program which helps low and moderate income households or landlords to help with weatherization projects. He explained that these loans are for homeowners or for landlords with affordable rents to improve their properties in such ways that are related to life safety improvements and cannot be used to pay taxes or medical expenses. He noted that homeowners or landlords can contact Joia Hughes at 225-8595 or himself at 225-8570.
Fire Chief Dan Andrus addressed the fuel assistance program in which the fire department has participated for at least twenty years explaining that all the stations will serve as dispensing points for this program. He spoke in terms of the fire department’s partnership with Human Services explaining that the individuals that are low and moderate income are part of the most high risk group in terms of their likelihood of being victimized by fire. He indicated that they will provide home fire safety information and information on alternative heating.
Consent Agenda Items –
Action: Councilor Blanchard moved approval the consent agenda, as amended, with items 10, 23, 30 and 31 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.
Referral to the Traffic Operations Committee
Action: This item removed for discussion at the end of the agenda.
Referral to the Traffic Policy Advisory Committee
Referral to the Traffic Operations Committee
Referral to the Planning Board
Consent Communication
Items Tabled for an November 10, 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.
Action: This item removed for discussion at the end of the agenda.
34. Report from the Parking Committee in response to a communication from Lynda Gagne regarding the current policies regarding parking tickets within the City of Concord. (6-11)
Consent Resolutions
38.
Resolution in recognition of the services of Battalion Chief Dave Hackett.
(For presentation in November)
39.
Resolution in recognition of the services of Lieutenant Robert Chaisson.
(For presentation in November)
40.
Resolution proclaiming December 2008 as Capital Regional Food Program
Month. (For presentation in December)
**End of Consent Agenda**
A. Public hearing on proposed development agreement between the City and Mark Carrier Construction concerning the sale and redevelopment of Scandia Hall located at 14 Knight Street; together with a report from the Assistant for Special Projects. (9-15)
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 IV, Zoning Code; Chapter 28, Zoning Ordinance; Article 28-2, Zoning Districts and Allowable Uses; Section 28-2-3, the Zoning Map, 285-289 Village Street, together with report from the Planning Board. (9-63)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open.
Public Testimony
Alex Moody, originator of the initial request, explained that his partners and family have bought property in Penacook seeking to raise the general cosmetic, social and economic appeal of the Village of Penacook. He explained that they identified this property as one of the properties in which there is a non-conforming use and what they have proposed to do is to retrofit the front of the building, which is currently garage bays, to ultimately have a storefront look. He thanked Council for their consideration and all the work that the Planning Board has done and all the great advice and support of the small business owner that the Economic Development Committee has done to guide them through this process.
Councilor Blanchard questioned as to what the anticipation is for parking requirements for the laundromat. Mr. Moody pointed out that he is the owner of the South State Street Laundromat and at the present time there is no parking spaces that are identified. He explained that as a neighborhood laundry, they garner about ninety five percent of clientele that are within walking distance. Referencing the Penacook property, he indicated that there is a large lot behind the building and a small lot directly in front of the building. Councilor Blanchard asked whether there are enough parking spaces for all of the tenants. Mr. Moody responded that all of the tenants have adequate parking. He explained that the problem that stands is that when the code was written it required two spaces per residential use and five spaces per bay.
There being no further public testimony, the Mayor closed the public hearing.
C. Resolution appropriating the sum of $110,000.00 and authorizing the issuance of bonds and notes for CIP #252, Fire Department Training Grounds Project; together with a report from the Fire Department. (9-16)
Action: City Manager Aspell provided a brief overview.
Fire Chief Andrus explained that without a training facility the fire department is left to do improvised training. He noted that this is a good investment for the city to make in terms of the return in skilled firefighters, greater safety, decreased worker compensation claims, more effective operations and ultimately better public safety.
Deputy Chief Tim McGinley noted his agreement. He indicated that they would continue to explore additional use of this facility externally and internally.
Councilor Coen inquired whether the state currently has a training facility. Chief Andrus indicated that to be correct. Councilor Coen inquired as to why wouldn’t it be beneficial to utilize their facility. Mr. Andrus responded that it is in a very remote region of the city and that the facility is in use by 234 cities and towns and is in use almost everyday of the year. He explained that the city is permitted two days a year at no cost.
Councilor Nyhan asked the Chief to comment on the feasibility and the likelihood to use this training facility as revenue generation to offset some of these expenses. Chief Andrus responded that there are some internal possibilities with the Police Department and would also be looking at other industries in the area. He explained that staff would continue to exploit any opportunities that they see to build the facility and to share the cost of the facility with partnerships.
Councilor Keach inquired whether it is reasonable to expect reimbursement from other towns. Chief Andrus responded that there is a great interest in training and feels that this would become a regional facility if it’s built as envisioned.
Councilor Shurtleff inquired whether there would be any grant money available through homeland security for the design or construction. Deputy Chief McGinley responded that they are getting out of that business and have shied away from this sort of infrastructure improvements.
Councilor Lemieux questioned whether this is enough money for design. Chief Andrus responded that his impression is yes. Deputy Chief McGinley explained that he has had several discussions with manufacturers of training facilities noting that it begins with pre-fab building with five to six to choose from. He indicated that he feels that the figures will be okay. Councilor Lemieux inquired as to the projection as to where this particular project will fall in relation to the others. City Manager Aspell responded that Council will look at the capital budget between fall and winter.
Mayor Bouley declared the hearing open.
Public Testimony
Jason Blossom, 120 Fisherville Road, noted that he feels that this is a great project but feels that his tax dollars should be not be going to other towns that are going to be using this facility. He noted that if other communities are going to be using this facility they should help to pay for it.
There being no further public testimony, the Mayor closed the hearing.
D. Resolution appropriating the sum of $140,000 and authorizing the issuance of sewer bonds and notes for CIP #275, Pump Station Renovations; together with a report from the City Engineer and the Deputy Director of General Services. (9-17)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
E. Resolution appropriating the sum of $11,299 in unmatched grant funds from the United States Department of Justice, Edward F. Byrne Memorial Justice Assistance Grant Program, funds designated for law enforcement related programs; together with report from the Police Department. (9-18)
Action: City Manager Aspell provided a brief overview.
Mayor Bouley declared the hearing open. There being no public testimony, the Mayor declared the hearing closed.
October 2008 Public Hearing Action
Action: Councilor Black moved approval. The motion was duly seconded.
In terms of the development of this project, Mayor Bouley indicated that the only concern that he has heard with the neighbors is with parking. He inquired as to solution for parking in this area.
Assistant for Special Projects Matt Walsh explained that the city and the developer will work with the neighbors to work out a parking solution that will work. He pointed out some parking possibilities on a map which may require variances from the Zoning Board in addition to input from the Planning Board.
The motion to approve passed with no dissenting votes.
Action: Councilor Shurtleff moved approval. The motion was duly seconded.
Following brief Council discussion, the motion passed with no dissenting votes.
Action: Councilor Lemieux moved approval. The motion was duly seconded.
Councilor Stetson noted his concern with addressing Mr. Blossom’s concerns. Chief Andrus noted that he will commit to Council to explore every funding source within the compact and within the community. He explained that staff will be very vigilant about identifying other partners for this particular facility. Councilor Stetson pointed out that the concern is that surrounding communities might be allowed to use the facility for free. City Manager Aspell indicated that during his discussions with staff, at no time was it ever discussed about any other community using this unless they participate financially.
Councilor Nyhan noted his support of this project and encouraged Council to vote in support of it.
Referencing item 3 within the resolution, Mayor Bouley asked if this gives the flexibility the City Manager is looking for. Mr. Aspell indicated that to be correct.
The motion to approve passed 13 to 0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Lemieux moved approval. The motion was duly seconded and passed 13 to 0 on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, Shurtleff, Stetson and Werner voting yes.
Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Reports
Action: City Solicitor Paul Cavanaugh provided some clarification on his report upon the request of Councilor Lemieux.
Councilor Stetson moved to reconsider the previous vote that was taken September 8th. The motion was duly seconded.
Councilor Nyhan indicated that he would vote against holding this at the next municipal election with the reason of feeling some obligation to hold this at the soonest date possible.
Councilor Coen noted his support of the reconsideration in regards to the $20,000 savings to hold a special election.
The motion to reconsider passed with no dissenting votes.
City Manager Aspell provided a detailed overview of the fiscal years that would be impacted by either voting to hold a special election or to hold it during the November Municipal Election.
Councilor Blanchard moved to place the proposed amendment on the November 2009 municipal election ballot. The motion was duly seconded.
Following brief Council discussion, Councilor Blanchard’s motion passed with no dissenting votes.
Comments, Requests by Mayor, City Councilors
Referencing info item 1, Councilor Blanchard encouraged Council to attend the meeting on October 29th. She pointed recognized the Friends of the Concord City Auditorium for the work that they have done.
Mayor Bouley thanked General Services for installing the new hockey boards at the Everett Arena. Referencing the Library Task Force, the Mayor indicated that he has been working with the City Clerk on the appointments and pointed out that when this had been approved, it did not indicate how many people there should be. He asked that if anyone has any suggestions or would like to serve he encouraged them to forward names to him or the City Clerk. Lastly, Mayor Bouley referencing the master plan he explained that the Planning Board is responsible for subdivision regulations and site plan regulations but the Council is responsible for zoning changes/regulations. He indicated that in order to try to figure out how to proceed, he looked at what had been done in the past. He explained that CZAC had been formed, had 35 members and took 2 ½ years to complete their task. He noted that he would like to generate as much public discussion and to do so he proposes writing a piece in the paper and writing letters to every organization encouraging anyone and everyone to put forth proposed changes in the zoning ordinance that they would like to see. He indicated that these would be submitted to the Deputy City Manager Carlos Baia in which he would put these into a matrix and move forth from this with proposed changes. Mayor Bouley indicated that he welcomes any constructive comments.
Councilor Nyhan indicated that he feels that Council should set some type of timeframe to this.
Mayor Bouley noted that he will forward to Council a draft copy and encourage them to make any changes they feel appropriate.
Consideration of items pulled from the consent agenda for discussion
Items 10, 23, 30 and 31 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.
Action: Councilor Blanchard indicated that she pulled this item to point out the public meeting that will be held at the Merrimack Valley Middle School on October 22nd at 6:30 pm in regards to this item.
Councilor Stetson moved to also refer this item to the Police Department. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Blanchard publicly disagreed with the recommendation.
Councilor Blanchard moved allow this rent reduction. There being no second, the motion failed.
Councilor Keach noted that he supports the Recreation Department’s recommendation.
Councilor Nyhan explained that in reading the report from staff, it appears that the normal time frames in which Girls Inc. is excluded during this facility is consistent this year with the exception of one additional week. As a way of compromising, Councilor Nyhan moved to reject the report and accept a proposal to reduce their rent by $300 from $1138 to $838. The motion was duly seconded.
Recreation Director David Gill explained that the city still provides a space for them and moves them temporarily to the East Concord Community Center.
Councilor Nyhan withdrew his motion.
Councilor Shurtleff moved to accept the staff recommendation. The motion was duly seconded and passed with one dissenting votes.
Action: Councilor Blanchard indicated that her questions had already been answered by staff.
Councilor Keach moved approval. The motion was duly seconded and passed with no dissenting votes.
Action: Councilor Bennett indicated that the church has asked to be in the district in 1993 because they felt at that time it would be advisable for them to get into this because they felt they would be generating a lot of waste. He noted that they average fourteen to fifteen bags a month and are paying approximately $560 a month. He indicated that the church is asking for some relief for this.
Councilor Bennett moved to accept the report and to set this item for a November public hearing. The motion was duly seconded.
Councilor Nyhan, Solid Waste Advisory Committee, explained that the committee had deliberated and discussed this issue thoroughly. He noted his support of the report but feels that Council may want to hold a public hearing for the full benefit of the history behind the committee and its charge and to listen to testimony.
Councilor Keach indicated that, on behalf of the committee, they felt that a more fair remedy would be to change the district to exclude them which is a process that would come out of a public hearing.
Following additional Council discussion, Councilor Bennett’s motion to set this item for a November public hearing passed with no dissenting votes.
Consideration of Suspense Items
Councilor Shurtleff moved to suspend the rules to consider items not previously advertised. The motion was duly seconded and passed with no dissenting votes.
10 Sus1 FY2008 Roadway Pavement Program Status Report from the General Services Director.
Action: City Manager Aspell provided a brief overview.
Councilor Stetson inquired whether the shim coat that was going to be put on North State Street will be done this fall. City Engineer Ed Roberge responded that staff expects paving in the later part of the month which will include this emergency overlay.
Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.
10 Sus2 Diminimus gifts and donations report from the Recreation Department requesting authorization to accept monetary gifts totaling $5,000 as provided for under the preauthorization granted by City Council.
Action: Councilor Stetson moved approval. The motion was duly seconded and passed with no dissenting votes.
10 Sus3 Advanced Fiscal Monitoring Report
Action: Jim Howard, Deputy City Manager-Finance, provided a detailed overview on the report on file in the City Clerk’s Office.
Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.
Adjournment
The time being 9:53 p.m., Councilor Nyhan moved to enter into non public session for legal consultation. The motion was duly seconded and passed 13-0 with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, Nyhan, Patten, Shurtleff, Stetson and Werner voting yes.
A true copy; I attest:
Michelle Tiffany
Deputy City Clerk