City Council Meeting Minutes

July 13, 2009 Meeting Minutes

City Council Meeting
Minutes
July 13, 2009
Non public session in accordance with RSA 91-A: 3, II (d) to discuss contract negotiations, Penacook Tannery, 4 Crescent Street; and non-public session in accordance with RSA 91-A:3, II (a) to discuss a personnel matter.
City Council Chambers
7:00 p.m.

1. The Mayor called the meeting to order at 7:00 p.m.

2. Invocation by Reverend Cheryl Moore.

3. Pledge of Allegiance.

4. Roll Call. Councilors Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff and Stetson were present. Councilors Bennett and Werner were excused.

5. Approval of the June 8, 2009 and the June 22, 2009 meeting minutes.

Action: Councilor McClure moved approval of the June 8, 2009 meeting minutes. The motion was duly seconded. Councilor Blanchard moved to revise the minutes to include that she had an excused absence during the June 8^th meeting. Referencing the third paragraph on page two, Councilor Lemieux indicated that “possible sidewalk” should be changed to “passable sidewalk”. The minutes, as amended, passed with no dissenting votes. Councilor McClure moved approval of the June 22, 2009 meeting minutes. The motion was duly seconded and passed with no dissenting votes.

6. Mayor Bouley provided an overview of the agenda.

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 the consent agenda, as amended, with items 9, 28, 29 and 32 removed for discussion at the end of the agenda. The motion was duly seconded and passed with no dissenting votes.

Referral to Community Development – Engineering

7. Communication from J. R. MacMaster, Owner, Stealth Cycle, requesting City Council intervene and change the proposed plans that effect customer parking in front of his business on North State Street.

Referral to the Planning Board and the Economic Development Advisory Board

8. Request by John Jordan to rezone 51 Tanner Street, Penacook, from Urban Commercial to Central Business Performance; together with report from the Assistant for Special Projects.

Referral to the Parking Committee

9. Status report from the Police Department regarding downtown overnight parking area. (Pulled from consent by Councilor Lemieux)

Action: This item removed for discussion at the end of the agenda.

Items Tabled for a August 10, 2009 Public Hearing

10. 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, Deputy City Solicitor, Director, Office of Management & Budget and Budget and Management Analyst; together with reports from the Director of Human Resources and Labor Relations and the Deputy City Manager – Finance.

11. 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, Broad Cove Drive, W. Parish Rd and Graham Rd, Snow Pond Rd; together with report from the Traffic Operations Committee.

12. Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing , and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule III, Short St; together with report from the Parking Committee. (2Sus1)(4-32)

13. Resolution determining the proposed project has a public benefit and approving an application by Alex T. Moody, on behalf of William R. and Claire A. Moody, for Community Revitalization Tax Relief Incentive - RSA 79-E, for redevelopment of land and buildings at 285-289 Village Street in Penacook; together with report from the Deputy City Manager – Community Development.

14. Resolution appropriating the sum of $15,371 in unmatched grant funds from the New Hampshire Department of Justice enforcing underage drinking laws grant program; together with report from the Police Department.

15. Resolution authorizing the expenditure of $25,000 and authorizing the issuance of $25,000 in bonds and notes for supervisory, control and data acquisition (SCADA) refurbishments and upgrades at the Hutchins Street Water Treatment Plant, CIP #124; together with report from General Services.

16. Resolution authorizing the expenditure of $170,000 and authorizing the issuance of $170,000 in bonds and notes for the purchase of Sewer Fund Equipment, CIP #121; together with report from General Services.

17. Resolution authorizing the expenditure of $110,000 and authorizing the issuance of $110,000 in bonds and notes for the purchase of Water Fund Equipment, CIP #121; together with report from General Services.

18. Resolution authorizing the expenditure of $370,000 and authorizing the issuance of $370,000 in bonds and notes for the purchase of General Fund Equipment, CIP #121; together with report from General Services.

From the City Manager

19. Positive Citizen Comments.

20. Council meeting date calendar.

Consent Reports

21. Monthly Appropriation Transfer Report: June 2009

22. DRA Equalized Valuation and Tax Rate Comparison report from the Director of Real Estate Assessments.

23. Report from the Recreation Director regarding a new long term renter for the West Street Ward House.

24. Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $1,761 as provided for under the preauthorization granted by City Council.

25. Diminimus gifts and donations report from the Human Services Director requesting authorization to accept monetary gifts totaling $600 as provided for under the preauthorization granted by City Council.

26. Diminimus gifts and donations report from the Recreation Director requesting authorization to accept monetary gifts totaling $8,000 as provided for under the preauthorization granted by City Council.

27. Diminimus gifts and donations report from the Fire Department requesting authorization to accept monetary gifts totaling $1,000 as provided for under the preauthorization granted by City Council.

28. Report regarding closure of Groundwork Concord and the City Administration's proposed approach for management of Adopt-A-Spot and other programs. (Pulled from consent by Councilor Bouchard)

Action: This item removed for discussion at the end of the agenda.

29. Report from the Traffic Operations Committee in response to a communication from Susan Lauze expressing her concerns over the bump-out that was installed at the intersection of North State Street and Washington Street. (Pulled from consent by Mayor Bouley)

Action: This item removed for discussion at the end of the agenda.

30. Report from the Planning Board requesting acceptance of Conservation Easements which are part of conditionally approved Subdivision Applications.

31. Report from the City Engineer requesting that the City Manager be authorized to apply for and participate in the 2009-2010 NH Department of Transportation (NHDOT) Transportation Enhancement (TE) Program to fund transportation improvement projects.

32. Report from the Recreation Director requesting authorization to repurpose funds from CIP#56, Rollins Park dugouts. (Pulled from consent by Mayor Bouley)

Action: This item removed for discussion at the end of the agenda.

Consent Resolutions

33. Resolution accepting and reimbursing the sum of $189,963.39 from the sale of city property located at 12 Gabby Lane (A.K.A. the former Tuttle House) to the City Economic Development Reserve Fund; together with a report from the Assistant for Special Projects.

Consent Communications

34. Street closure request for the 28^th Annual Concord Criterium bike race to be held on Saturday, August 1, 2009.

Appointments

35. City Manager’s proposed appointments to the Conservation Commission.
Courtney Lockwood, Jeffrey Belanger and Pamela Hunt.

36. Mayor Bouley’s proposed appointment to the Public Safety Board.
Anthony Bourque and Rachel Hawes

**End of Consent Agenda**

37. July 13, 2009 Public Hearings

A. Request for discretionary preservation easement in accordance with RSA 79-D for property located at 233 Hopkinton Road owned by Sally S. Hatch. (6-13)

Action: City Manager Tom Aspell provided a brief overview explaining that the Heritage Commission recommends that the discretionary preservation easement should be granted for ten years with no recapture at the end of the easement. He indicated that the recommended exemption for the barn and the land (6,440 sq ft) is 75 percent and if the Council grants the discretionary preservation easement exemption for 2009, the property assessment will be reduced from $402,100 to $367,500 for a reduction in taxes in the amount of $708.95.

Mayor Bouley declared the hearing open.

Public Testimony

Sally Hatch, property owner, indicated that she was present to answer any questions Council may have.

There being no further testimony, the Mayor closed the hearing.

B. Resolution appropriating the sum of $79,000 for the purpose of administering a watershed management plan for Horseshoe Pond including $47,400 in grant funds from the State of New Hampshire Department of Environmental Services (DES) and $15,800 each from the State of New Hampshire Department of Transportation (DOT) and the City of Concord, CIP #82; together with report from the Associate Engineer. (6-14)

Action: City Manager Tom Aspell provided a brief overview explaining that the purpose of this grant program is to analyze the water quality and hydraulic capacity of the watershed and recommend the best management practices for implementation based on stakeholders input. He indicated that Council set aside the matching dollars in its 2006 budget.

Councilor McClure asked for an explanation as to how the waters are impaired and how the city got into this. Mr. Aspell responded that there had been a lot of work being done at the intersection of 393 and Bouton and the concern was that the additional improvements would degrade and that it would overflow its basin and impact all of the properties within the area. Councilor McClure questioned whether the water in Horseshoe Pond is connected to the Merrimack River or whether it is contained. Mr. Aspell responded that it is connected but in interesting ways explaining that this is part of the study to make sure that the water quality is at least, if not maintained, enhanced.

Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.

C. Resolution accepting and appropriating the sum of $43,807 in unmatched grant funds from the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, funds designated for law enforcement related programs; together with report from the Police Department. (6-15)

Action: City Manager Tom Aspell provided a brief overview.

Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.

D. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 9, Water, by amending Article 9-6, Sewers and Drains; together with report from the Legal Department. (6-16)

Action: City Manager Tom Aspell provided a brief overview explaining that an error had been found in Section II, Article 9-6-1, Definition, Significant industrial user, ii; in which a reference was made to any other industrial user that discharges an average of 25,000 gallons per day and should have read 10,000 gallons per day.

Mayor Bouley declared the hearing open. There being no public testimony, the Mayor closed the hearing.

July 13, 2009 Public Hearing Action

38. Request for discretionary preservation easement in accordance with RSA 79-D for property located at 233 Hopkinton Road owned by Sally S. Hatch. (6-13)

Action: Councilor St. Hilaire moved approval. The motion was duly seconded.

Councilor Lemieux noted that, after the budget Council just approved, he has a problem with voting for a tax exemption to someone who owns a property valued at over sixty percent the city average. He stated that he is not against the principle of tax exemptions for historic properties but feels that this is not a good year to do this.

Councilor Shurtleff indicated that he will be voting in favor of this application noting that 79-D has done a wonderful job preserving old agricultural structures in the city which is part of the city’s history and heritage.

The motion to approve passed on a voice vote with one dissenting vote.

39. Resolution appropriating the sum of $79,000 for the purpose of administering a watershed management plan for Horseshoe Pond including $47,400 in grant funds from the State of New Hampshire Department of Environmental Services (DES) and $15,800 each from the State of New Hampshire Department of Transportation (DOT) and the City of Concord, CIP #82; together with report from the Associate Engineer. (6-14)

Action: Councilor Nyhan moved approval. The motion was duly seconded and passed with no dissenting votes.

40. Resolution accepting and appropriating the sum of $43,807 in unmatched grant funds from the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, funds designated for law enforcement related programs; together with report from the Police Department. (6-15)

Action: Councilor Lemieux moved approval. The motion was duly seconded and passed with no dissenting votes.

41. Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 9, Water, by amending Article 9-6, Sewers and Drains; together with report from the Legal Department. (6-16)

Action: Councilor St Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.

Reports

42. Report from the City Solicitor recommending City Council withdraw its directive to the City Clerk and remove a proposed charter amendment question from the November 3, 2009 Municipal Ballot.

Action: City Manager Tom Aspell explained that on March 19^th the Superior Court issued an opinion that the proposed charter amendment was in violation of the constitution of the State of New Hampshire. He added that the City Solicitor, based on this opinion, recommends that it be removed from the November ballot.

Councilor Lemieux moved acceptance of the report. The motion was duly seconded and passed with no dissenting votes.

Comments, Requests by Mayor, City Councilors

Councilor Stetson moved to unseal the minutes of the June 15, 2009 non-public session. The motion was duly seconded.

Mayor Bouley explained that the minutes are listed as item b on the Council Only section on the agenda. He indicated that the non-public session took place on June 15^th in City Council Chambers at 8:15 p.m. and was an executive session to discuss property negotiations in accordance with RSA 91-A in regards to the Sanel Block development and relationship with CATCH and the request that CATCH had made of the city.

Councilor Stetson noted that he feels that they erred in this non-public session explaining that under RSA 91-A:3 II (d) it states that they have to do consideration of the acquisition, sale or lease of real or personal property which, if discussed in the public, would likely benefit a party or parties whose interests are adverse to those of the general community. He added that under RSA 91-A:3 I (a) indicates that no session at which evidence, information, or testimony in any form is received shall be closed to the public. He noted that he feels that these two items, when referring to the minutes, are in violation of 91-A.

Councilor Nyhan inquired whether the subject matter discussed that evening would have been non-public under a different RSA. Mr. Aspell responded he didn’t think so. He indicated that: 1) it is no longer necessary to keep this information non-public; and 2) it’s not unusual for Council to have discussions with individuals who are part of a real estate project. He explained that the difference here is that there was an organization that was tangential to the discussion and part of the proposed development but not a direct party to it, they are a secondary party to it. He added that if it was part of an overall development plan that had come in then it would be fine under RSA 91-A but being that it is really tangential to that it is in the gray area.

Mayor Bouley asked that Council support this motion noting that he feels that this is the right thing to do and pointed out that following the executive session, he did ask the City Solicitor to give a ruling in terms as to whether this should be open.

The motion to unseal the minutes passed with no dissenting votes.

Councilor Shurtleff reminded everyone that on July 25^th and 26^th is the Penacook Historical Society’s 2^nd annual Civil War Days. He added that the events begin at 10:00 a.m. at 14 Penacook Street in Penacook.

Councilor Coen indicated that from July 24^th through the 26^th, the Duramed Futures Tour will be held at the Beaver Meadow Golf Course.

Comments, Requests by the City Manager

Referencing a letter that was just received by the Department of Revenue Administration, Mr. Aspell explained that every five years the Department of Revenue Administration goes around to all the communities within the state and does a review of all of their records to make a determination of whether or not the Assessing Department is doing their job correctly. He indicated that in 2003, the Assessing Department was found deficient in the level of uniformity of assessments, current use records and all exemption and credit records. He added that in 2008, the Assessing Department has met all the guidelines as recommended by the Assessing Standards Board. Mr. Aspell pointed out that the letter stated: “the attention to detail, thoroughness, periodic review, integrity and hard work are commendable and the city stands out as an excellent example for other communities to follow.”

Mayor Bouley commended Kathy Temchak, Director of Real Estate Assessments, and the Assessing Department.

Consideration of items pulled from the consent agenda for discussion

Items 9, 28, 29 and 32 were pulled from the consent agenda to be discussed following unfinished business items on the agenda.

Referral to the Parking Committee

9. Status report from the Police Department regarding downtown overnight parking area. (Pulled from consent by Councilor Lemieux)

Action: Councilor Lemieux indicated that he had removed this item because when Council approved the test period for downtown overnight parking he asked that the city get Council some information to help them make a decision as to whether or not to move forward after the two years was up. He explained that what he was envisioning information not only on the parking management aspect but also on the enforcement aspect and the snow removal aspect.

Councilor Lemieux moved acceptance of the report and refer back to staff for an additional report that includes enforcement and snow removal information. The motion was duly seconded.

Councilor McClure questioned whether it would be appropriate to include Sus4 which is the report regarding increased hours of parking between 8:00 a.m. to 9:00 a.m.

City Manager Aspell noted that all of the items just brought up were exactly correct and was information to be brought forward at the end of the two year period. He pointed out that they are only at the halfway point and the idea was to look at it from a two year period because the first year is the implementation phase. He explained that the only information that was presented here and in the subsequent report that Councilor McClure is referring to are items that were specifically asked by or requested by Councilors and is why the reports only refer to those small items. He noted that the comprehensive report was going to be brought forth to Council before they make the decision of whether or not to terminate the program, to continue it or extend it citywide. Mr. Aspell added that staff could absolutely get that information but it will have incomplete data and will only be based upon one winter.

Mayor Bouley asked whether it could be an interim report. He indicated that he feels that it is important and that Council has received correspondence about some of the concerns from last year. He added that they should honor the two year pilot that they had voted on but also feels that if there are small changes that can be done to make it better, he doesn’t see why they can’t do those for this upcoming winter.

Councilor McClure apologized if she had indicated that she was taking pieces of the proposal piece meal. She noted that she thinks that what she and Councilor Lemieux are asking for is to look at the whole proposal given to them when they instituted this policy and a status report on all the recommendations that were made, all the anticipated revenues, anticipated losses and where they are at this point of time.

Councilor Keach moved that the Parking Committee look at the issue of uniform rates for towing. The motion was duly seconded.

Councilor Bouchard explained that there is a state law that does protect people from being gouged on excessive towing charges. She indicated that if a person is charged more than the going rate in the area, there is a process to go through with the Department of Safety to recoup your funds.

Councilor Lemieux’s motion, as amended, passed with no dissenting votes.

28. Report regarding closure of Groundwork Concord and the City Administration's proposed approach for management of Adopt-A-Spot and other programs. (Pulled from consent by Councilor Bouchard)

Action: Councilor Bouchard thanked Groundwork Concord for doing a tremendous job maintaining and finding businesses and citizens to beautify the city. Referencing the gateway on Loudon Road and Airport Road, she indicated that she would be very dismayed to see this become unappealing and noted that she feels that it would be in the city’s disadvantage, when coming out of the recession that the city is not appealing to anybody driving through it or entering the city. She hopes that there is a solution in which the city can look at some of the major gateway areas. She added that when moving forward, the city design spaces and not incorporate garden areas if they are not going to be able to maintain these areas.

Councilor Lemieux wanted to suggest that the city do a little more to assume the responsibilities for the program noting that this is too good of a program to just let it drop. He indicated that it does not have to be done by city staff and maybe it could be done by a volunteer coordinator.

Councilor McClure noted her agreement with everything that has been said and in terms of trying to find a solution or an alternative she suggests referring this back to City Administration, EDAC and the Conservation Commission to look into ways that the city could join up with some of the individuals who were associated with Groundwork and also individuals in the business community who might be willing to look at some alternative ways to keep this program going.

Councilor Coen asked for a history of the adopt a spot program prior to Groundwork. City Manager Tom Aspell explained that the General Services Department did a lot of coordinating work and then when the city formed the relationship with Groundwork Concord, the city was able to provide them with financial resources. He explained that as staff was continually cut in General Services, the idea was that the private sector could do it cheaper so the city shifted it off and provided them with the dollars to do so. He added that the city was providing in excess of $50,000 in grant dollars every year to Groundwork Concord and their responsibility was to go out and raise money to try to take over some of these improvements. He explained that over the years the amount of money was cut back and added that this past year Council, through the budget, eliminated ten General Services positions some in which would actually do this work and that it was clearly outlined within the budget that when these positions were eliminated this work would be eliminated. He further added that at the same time the dollars for Groundwork Concord were eliminated because they were going out of business. He explained that if another organization were to express an interest, Council may consider funding them to do it but currently there is not any money in the budget for staff to do this and have eliminated dollars that go towards funding a private or non-profit organization to help do the work.

Councilor St. Hilaire explained that the Merrimack County Diversion Program has groups of people that are required to do court ordered community service and the county provides an employee that stays with them to supervise the work. He indicated that this could be an option to look at. Mr. Aspell indicated that the city has used this program on several occasions. Councilor St. Hilaire pointed out that the individuals doing the work for the city are from the house of corrections on work release and the program he is referencing is an entirely different group of individuals that are not incarcerated. He explained that these are individuals who get into trouble and can’t pay their fine so the judge orders them to do community service.

Councilor McClure clarified that the money that went to Groundwork for adopt a spot was actually a very small amount and what Groundwork did was try to coordinate with those who agreed to sponsor spots and went out to try to raise money from organizations and businesses that were near spots to fund the upkeep of those spots. She pointed out that there are two items: the landscaping and the coordination. She indicated that the coordination aspect is not as expensive as the landscaping and the landscaping could very well be done by the private sector if it was organized by the coordinator. She noted that she feels that there may be some grant opportunities and is worth salvaging the program.

Mayor Bouley inquired as to how many spots there are. Mr. Aspell responded that there are fifty five spots. Mayor Bouley questioned whether any of the spots are currently being maintained. Matthew Walsh, Assistant for Special Projects, responded that he has a list of fifty five spots and his understanding is that some of them are being maintained by volunteers and others have fallen by the wayside and have been neglected. Mayor Bouley asked how many spots are going without any maintenance at all. Mr. Walsh responded that he is guessing that one-third of them are being neglected.

Councilor Patten indicated that Pineconia Grange, on the Heights, has been maintaining the triangle and are prepared to take on the gateway portion that Councilor Bouchard referenced.

Councilor Bouchard thanked Councilor Patten for coming up with volunteers for the Heights gateway but feels that this is an economic development issue because if the spots become unsightly it becomes a bad image for the city. She noted that perhaps the city needs to look at a priority of different spots that are left up to the private sector that might not be currently maintained.

Mayor Bouley asked whether staff could send out an email to individuals who might be interested and if there are residents who are interested they could contact the city. He stated that he feels that Councilor St. Hilaire offers an excellent idea in working with the county diversion program. He indicated that there might be possibilities to maintain one-third of the spots which are not currently being maintained.

Councilor Black noted that he feels that the city should try to get the Chamber of Commerce involved in this program.

Councilor McClure and Councilor St. Hilaire volunteered to work with Mr. Walsh on this program.

Councilor Lemieux moved to refer this item to City Administration for further study. The motion was duly seconded and passed with no dissenting votes.

Action: Mayor Bouley explained that this North State Street corridor had been in the CIP for years and as the area was discussed and input from the public was sought there became some issues along Washington Street both to the east and west of State Street. He indicated that the city was able to use some closeout dollars from the paving project to take care of some of the projects that were further away from the corridor. He explained that the dollars used for the State Street project included a bump-out that Ms. Lauze had written about. He indicated that he feels that the Traffic Operations Committee gave a very thorough and complete report and added that he doesn’t agree with the bump-out but understands their rationale. He noted that when there are CIP projects they are approved and years go by in which there are several Councils since then and feels that it would be appropriate for the Engineering Department to simply forward a memo to Council, which are open and accessible to the public, updating them as to what is going to be happening. He indicated that it would be nice and not a surprise to new Councilors. He indicated that moving forward, if there is a CIP project that had been adopted by a previous Council, he would like to see a courteous update to the current Council which would be beneficial not only to them but also the community.

Mr. Aspell noted that staff could do this explaining that what they were trying to do was to catch up on a lot of projects that had been lagging behind.

Councilor Lemieux moved acceptance of the report. The motion was duly seconded.

Following additional Council discussion, the motion passed with no dissenting votes.

32. Report from the Recreation Director requesting authorization to repurpose funds from CIP#56, Rollins Park dugouts. (Pulled from consent by Mayor Bouley)

Action: Mayor Bouley indicated that he feels that this is an excellent use of city funds and a necessary thing to do. He thanked the American Legion Post 21 for donating the $10,000 to help with the project. He noted that there was an agenda item approximately a year ago in which there were holes in the dugout at Memorial Field and feels that this is becoming a pattern and is the second year in a row in which Council is hearing from constituents where there is damage to city fields and facilities and the city is waiting until somebody tells them about it before being proactive. He strongly encouraged, understanding the restraints to the budget, staff or Councilors to bring forward any concerns/issues.

Councilor Bouchard moved acceptance of the report. The motion was duly seconded and passed with no dissenting votes.

Consideration of Suspense Items

Councilor St. Hilaire moved to suspend the rules to consider items not previously advertised. The motion was duly seconded and passed with no dissenting votes.

7 Sus1 Referrals to the Solid Waste Advisory Committee
Resident communications related to the Pay as You Throw (PAYT) trash collection program. (Additional correspondence submitted; together with report related to the recent Concord Monitor My Turn piece)

Action: Mayor Bouley indicated that he had been receiving emails and wanted Council to receive copies of them to see what some of the comments were from the community regarding the Pay as You Throw program.

Councilor Bouchard noted that for the majority the purple bags have been positive and the one concern that she has heard is a weight issue in which purple bags were not picked up because they were too heavy. She asked whether it was a policy that the bags are left at the curb if they are too heavy. Mr. Aspell responded yes indicating that if they are over the weight limit they are left behind. Phil Bilodeau, Deputy General Services Director, explained that the policy as it reads is that the bag is 10 pounds if it is a small bag and 20 pounds if it is a large bag and if they are overweight it will not be picked up. Councilor Bouchard stated that many residents think that since they bought the purple bags, they stuff them with trash and get it to the curb, they should be picked up. She indicated residents are not weighing the bags. Mr. Bilodeau indicated that he has not received any calls that overweight bags were left behind and not picked up.

Mayor Bouley noted that he didn’t realize that there is a policy on the weight limit and what has always been said to the public is that these bags hold certain amount of weight and if exceeded, the bag will break.

Councilor Nyhan explained that the Solid Waste Advisory Committee had discussed this particular item and were told that the bags were designed to have a weight threshold of 10 or 20 pounds. He indicated that it was his understanding that if the bags made it to the curb, they would be picked up. He noted that the committee will be meeting in two weeks and will ask this issue of the vendor. Mr. Aspell indicated that no calls have been received in General Services or Administration in regards to this issue.

Mayor Bouley explained that not everyone that has a concern has called the city instead some chose to call the City Council representative and they have heard about these concerns. Mr. Aspell noted that he thought the understanding was that if Council received a concern/complaint they would forward it to Administration or General Services so that staff could respond to or address the concern immediately.

Councilor Patten stated that he has received 13 phone calls and 5 emails about the complaints and that all except for one have been about the cost. He noted the concerns with animals destroying the bags and asked whether it is the owners’ responsibility to put the bag in a new bag or if not completely torn open will it still be picked up. Mr. Bilodeau responded that staff will talk to the contractor and suggested that residents place the purple bags into their previous containers and the contractor would come by, open the container and take the purple bags out therefore eliminating animals getting into them. Mayor Bouley stated that during week one, a person did exactly as what is being suggested and placed the purple bag out in the container and unfortunately the contractor did not pick up the bag, either they refused to do so or they just didn’t open the lid. He indicated that he assured this individual that the drivers do take the purple bags out of the cans and asked whether he is correct in this statement. Mr. Bilodeau responded yes.

Councilor Blanchard pointed out that one item that makes the bags very heavy is kitty litter.

Councilor St. Hilaire indicated that he was made aware of a resident that had purple bags that did not include the city seal on them. He noted that these bags were not picked up because the waste company knew that they were not the official bags.

Councilor Keach indicated that he had been contacted by a constituent and was informed that a neighbor had called and rented a dumpster and formed an informal co-op with neighbors to dispose of their trash by this method. He inquired whether there was any city ordinance that would prohibit a permanent dumpster in a residential neighborhood. Mayor Bouley indicated that Code staff would look at this from a health perspective because there are certain rules about setbacks and things of this nature.

Councilor St. Hilaire pointed out that he has received several comments that the new bags do not stretch making it difficult or not able to fit over their trash cans. He inquired whether anything could be done about this such as making the bags with a little more stretch. Mr. Bilodeau responded that staff could talk to the vendor in regards to this.

Councilor Stetson noted that staff was going to check to make sure the facility on Fort Eddy Road would accept yard waste on Saturdays. He indicated that he has received calls from people that took yard waste down there last Saturday because it was included within an article in the Monitor that it was open on Saturdays but the facility is indeed closed. He stated that the public needs to know that the city is working on that but that it is not open on Saturdays at this time. Mr. Bilodeau noted that it was erroneously reported in the Monitor a few weeks ago that it would be open on Saturdays. He indicated that it had been open in the earlier season but at the beginning of July the facility is closed on Saturdays. He explained that staff is speaking to them currently on a few issues and this is one of the items they will be discussing. Mayor Bouley inquired as to when it is anticipated that staff will have an answer. Mr. Bilodeau responded that he hopes to have an answer by the August Council meeting.

Councilor St. Hilaire questioned when the fall pick up would begin. Mr. Bilodeau responded that it would begin in late October.

Mayor Bouley asked that if staff has a response prior to the August meeting that they inform the public of this.

Councilor Nyhan clarified that the June 22^nd Council minutes do reflect that it was stated that the Fort Eddy Road site was closed on the weekends. He indicated that at the last Solid Waste Advisory Committee meeting they were very specific in asking Mr. Chesley to follow up with the vendor to see if they could be open on a weekend in lieu of another weekend. He anticipated that response by the next committee meeting in two weeks. Councilor Nyhan asked whether staff could hit upon some of the highlights of the program. Highlighting percentages last week, Mr. Bilodeau indicated that Monday and Tuesdays were 90 and 93 percent successful; Wednesday was a 93 ½ success rate; Thursday was a 92 percent success rate; and Friday was a 96 percent success rate. He added that today’s success rate was 98 percent. Referencing today’s success, he explained that there are 2,300 stops on the Monday route and only 44 non-compliant stops.

Mayor Bouley indicated that he would like Council to read the response to the “My Turn” piece. He asked if there were any parts that staff would like to touch upon. Mr. Bilodeau responded no but gave credit to Jim Presher, Director of Concord Regional Solid Waste/Resource Recovery Committee, for providing him with the majority of the responses.

Councilor Lemieux moved to refer the communications to the Solid Waste Advisory Committee. The motion was duly seconded and passed with no dissenting votes.

7 Sus2 Report from the Deputy City Manager – Development recommending authorization to enter into a License Agreement for Right-of-Way Encroachment at 35 Noyes Street.

Action: City Manager Tom Aspell provided a brief overview explaining that on 35 Noyes Street the homeowner had installed a decorative retaining wall and walkway within the right of way. He explained that the sewer pipe that would be worked on goes through this decorative area within the city right of way. He noted that the Deputy City Manager-Development has put together a proposal and a licensing agreement which would allow the decorative work to remain in exchange for the property owner taking on the liability of that section of pipe.

Councilor McClure questioned whether this license agreement would be a lien against the property and whether it would be recorded at the registry. Mr. Aspell indicated that to be correct.

Councilor Nyhan moved acceptance of the report. The motion was duly seconded and passed with no dissenting votes.

7 Sus3 Diminimus gifts and donations report from the Police Department requesting authorization to accept monetary gifts totaling $500 as provided for under the preauthorization granted by City Council.

Action: Councilor St. Hilaire moved approval. The motion was duly seconded and passed with no dissenting votes.

7 Sus4 Referral to the Parking Committee
Status report from the Parking Manager relating to increased hours of parking operations, 8:00 a.m. – 9:00 a.m.

Action: Councilor McClure moved to refer this item to the Parking Committee and join it with consent item 9. The motion was duly seconded.

Following brief Council discussion, the motion passed with no dissenting votes.

7 Sus5 To be set for an August 10, 2009 Public Hearing
Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 1, Government Organization; Article 1-3, Miscellaneous Regulations, Section 1-3-6, Reporting of Campaign Contributions and Expenses; together with report from the Rules Committee.

Action: Councilor St. Hilaire explained that the Rules Committee has been working on an entire ethics ordinance but took a part of it regarding campaign contributions and wanted to bring this to Council earlier so that it could take effect prior to the next municipal election.

Councilor St. Hilaire moved to set this ordinance for an August 10, 2009 public hearing. The motion was duly seconded and passed with no dissenting votes.

7 Sus6 To be set for an August 10, 2009 Public Hearing
Report from the General Services Director and the Deputy City Manager – Finance relating to the City of Concord’s participation in the Concord Solid Waste Co-Op/Single Stream recycling plan.

Action: City Manager Aspell provided a brief overview explaining that the Solid Waste Advisory Committee has been reviewing the request from the co-op to enter into an agreement to provide the recycle materials to the co-op for single stream recycling facility which they are looking at constructing on Whitney Road. He added that the Solid Waste Advisory Committee has a lot more work to do on this and have been spending a lot of time hearing the proposal. The committee believes that it is in the best interest of the city to have a public hearing about how the city should proceed with this particularly in light of the fact that the city just entered into a five year agreement with a two year extension to handle the recycling. He explained that this report is an update of what is going on, what the proposal is, and to set a public hearing in August for this. He noted that in the meantime the co-op will be having a discussion about some of the points Concord brought up and the Solid Waste Advisory Committee will then be meeting to review what the co-ops reaction is to the points brought up by the city and this information will be brought forward to the Council for their hearing.

Councilor Keach he noted that as he recalled the Solid Waste Advisory Committee referred this matter back to staff for review and that process is not complete yet. Mr. Aspell responded that staff has had several meetings and discussions with the co-op and have asked them to make adjustments, all of which are contained within the report. He explained that they then have to look at and decide whether or not they want to modify their proposal to do that and if they do, in what ways and staff would bring this information and analyze it back to the Solid Waste Advisory Committee which would then review it and determine whether or not they want to make a recommendation to Council.

Mayor Bouley indicated that the co-op will be meeting on July 22^nd and the Solid Waste Advisory Committee has a meeting on August 4^th. He asked Councilor Nyhan whether he anticipated the Solid Waste Advisory Committee will be coming forth with a recommendation on this item for the August 10^th public hearing. Councilor Nyhan responded yes and anticipates having a recommendation at the August meeting.

Councilor McClure noted that she isn’t familiar with enough of this yet and that she is going to want to study it thoroughly. She senses that there are members of the public that are also very interested in this. She noted her concern with an August date for a public hearing on this subject and would like to move to have the hearing in September ensuring the public and Council has more time to study this. She feels that this is a little bit rushed at this point and that it is a very important subject and they should allow the public to weigh in on this.

Jim Howard, Deputy City Manager-Finance, noted Councilor McClure’s interest and concern and suggested that this item be scheduled for a public hearing in August as requested and in the event there is the need to continue the public hearing and Council does not feel that they can make a decision at that time, that they continue it in some manner. He explained that they have been requested by the co-op to make a decision and the co-op is feeling that there is a critical need to make a decision on this sooner rather than later. He indicated that the Solid Waste Advisory Committee, in their due diligence, has put the matter out and has been extended as it is already and the co-op has extended their decision making to take place after the City Council’s meeting in August. He added that he does not know to what extent this could jeopardize the opportunity to move forward. He added that there will be plenty of opportunity from staff to provide additional information and further added that the Solid Waste Advisory Committee meeting and the Solid Waste Co-operative meeting are open to the public. He noted that he feels that putting this off until September will jeopardize the opportunity to proceed forward with construction of the plant on a timely basis.

Councilor Shurtleff inquired whether the construction of the plant on Whitney Road is contingent upon the co-op agreeing to this. Mr. Howard responded that they have been told that this project does not move forward without the city. Mayor Bouley indicated that it is alleged that the City of Concord controls the co-op and feels that this is a complete false statement. He clarified that they can’t move forward without the City of Concord because they need the city’s trash. He clarified that the city does not control the destiny of this project one way or another in terms of it’s voting, they need the city’s trash. Mr. Howard indicated that the city is the largest single provider of recycling material and to make the minimum quantities, it is critical that they have the city involved in it to proceed forward.

Additional Council discussion ensued.

Councilor McClure noted that she is still concerned in regards to being pushed on this decision and wanted to ensure that this issue is fully vetted before accommodating the co-op’s schedule.

Mayor Bouley concurred with Councilor McClure’s comments about wanting to get the most public input and on the other hand he doesn’t believe that bringing this forth tonight to set for a public hearing the following month is what is typically done during the Council’s normal business process.

Councilor McClure questioned whether Council is able to hold this for a public hearing twice. Mayor Bouley responded yes there has been precedence with that with the assessments.

Councilor McClure moved to set this item for a public hearing in August and September. There being no second, the motion fails.

Councilor Keach indicated that if there is a need for an additional public hearing, the time to set that would be next month.

Councilor Nyhan moved to accept the report and set this item for a public hearing to be held on August 10, 2009. The motion was duly seconded.

Councilor McClure asked Administration to make sure the co-op knows of this discussion and Council’s concern that there be enough public input and that Council very well may not make a decision in August. Councilor Nyhan indicated that this has already been communicated to the co-op and they are very well aware of it.

Councilor Nyhan’s motion passed with no dissenting votes.

7 Sus7 Finance Committee Meeting Minute Approval – May 26, May 28, June 1, June 4, June 11, June 15 and June 18

Action: Councilor St. Hilaire moved approval of the Finance Committee meeting minutes for May 26, May 28, June 1, June 4, June 11, June 15 and June 18. The motion was duly seconded and passed with no dissenting votes.

Referencing item Sus3, Councilor St. Hilaire pointed out that the $500 donation from Target that was approved in furtherance of National Night Out which will be held on August 4^th at Rollins Park in Concord from 5:00 p.m. to 9:00 p.m. He indicated that there will be a lot of vendors and activities for the kids and families.

Adjournment

The time being 8:45 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, 4 Crescent Street; and non-public session in accordance with RSA 91-A:3, II (a) to discuss a personnel matter. The motion was duly seconded and passed on a roll call vote with Councilors Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff and Stetson voting yes.

A true copy; I attest:

Michelle Tiffany
Deputy City Clerk

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